In 1992, the people of Seychelles made history for the first
time by rejecting, through a referendum
the Constitution that
SPPF wanted us to have.
In a second referendum in 1993, the people of Seychelles spoke again,
when over 73% of the nation voted to adopt the current Constitution as our Supreme Law.
In the Constitution that we,
the people of Seychelles voted on by 73% through a referendum, article
55 (1) says “Where the office of the President becomes vacant by reason of
death, or resignation of the President or by reason of the President ceasing to
hold office under article 53 or article 54 or article 110(3), the Minister designated to discharge the functions of the
office of President under article 75 shall discharge those functions until a
person is elected under article 51 to the office of President”
The above provision is what the citizens of Seychelles voted
for. In 1996 the Ruling Party, abused its majority in the National Assembly and
amended the Article 55(1) to suit its political interests and today this is what article 55(1) says :
“Where the President dies, resigns or is removed from office, the
Vice-President shall assume the office of President for the unexpired term of
the President with effect from the death, resignation or removal from office of
the President.”
What was the raison d’etre for the 1996 amendment when
Article 79 (2) of the Constitution provides that “Where a person ceases to be a
directly elected member of the National Assembly under Article 81, a by-election
shall be held within 30 days of the person ceasing to be member of the National
Assembly”. Why can an outgoing Member of the National Assembly not simply
nominate his successor like Article 55 (1) permits the out going President to
do in regards to a President?
In December 2015 James Michel and Danny Faure “the team”
fought for re-election on one ticket. People voted for “the team”. What do we
now have? An un elected President and un elected Vice President. Article 113 of
the Constitution gives me the right to vote “In an election for the office of
the President; at an election of a member of the National Assembly; or in a
referendum held under this Constitution.”
If I have a right to vote for a new representative when my
MNA resigns why should I lose my right to vote for a new President when the
elected President ceases to be President for whatever reason?
In 2009 A High Level Panel Chaired by Mr. Chang-Sam proposed
several amendments to the Constitution, one of which is, that the President
should be a natural born Seychellois. These amendments were not debated on, nor
adopted because they were not in the interest of the Ruling Party, particularly
Mr. Faure whom it is alleged is born in Uganda and who must have had
presidential ambitions as early as 2009.
Alexia G. Amesbury
