Seychelles' parliament: Constitutional amendment approved on presidential and parliamentary elections and tenure

The Bill was presented to the National Assembly on Tuesday by Vice President Ahmed Afif. (Seychelles News Agency)

(Seychelles News Agency) - The National Assembly of Seychelles has approved an 11^th amendment to the Constitution on Wednesday afternoon, which seeks to enhance and clarify various provisions related to the election and tenure of the President and the National Assembly.

The Bill was presented to the National Assembly on Tuesday by Vice President Ahmed Afif, and after two days of debate, 24 members of the Linyon Demokratik Seselwa (LDS) ruling party voted for the amendment. All members of the United Seychelles (US), the main opposition party, voted against it.

The Bill proposed a fixed date for the Presidential election, ensuring it is held, five weeks prior to the expiration of the President's term. The amendment aims to provide sufficient time for a possible second round of elections and to facilitate a smooth transition of power.

It also proposed that elections for the National Assembly be held on the same day as the Presidential election and the change aims to streamline the electoral process and ensure consistency in the timing of elections.

In the amendment, Article 52A, which allows the President to resign during his or her term and seek a fresh mandate from the electorate, is repealed and it aligns with the commitment to fixed-term elections and prevents the President from calling for an early election.

The Bill also provided clear and detailed procedures for addressing a vacancy in the office of the President, whether due to resignation, removal, death, or incapacity. It ensures that the Vice-President assumes the role of President in specific circumstances and clarifies the limitations of their powers during this interim period.

As for the protection of the President in legal proceedings, the Bill proposed to amend Article 59 to repeal the three-year limitation period for bringing proceedings against a former President.

The amendment also clarified the discharge of presidential functions during temporary absences of both the President and Vice-President, by designating the Principal Minister to perform these duties with specific limitations on their powers. Currently, this is performed by the Designated Minister.

In his response to the debates, Afif said this amendment is an important one, which will modernise the Constitution of Seychelles.

"It will remove any advantages that a politician has in fixing a date for the elections. It removes the protection of a President so that anyone can bring a case against the President when he leaves office," said the Vice President. 

He added that "it will also make our election more economical, since the presidential and national assembly elections will take place at the same time, saving the country 10 million of rupees ($750,000)." 

Speaking to SNA, the leader of the opposition in the National Assembly, Sebastien Pillay, described the amendment as a travesty. 
 
The first issue for Pillay was the decision to have the outgoing President remain in office for a month even after losing the election. 
 
"The issue is that the Vice President said that during that one-month transition period, the outgoing President can still make decisions during that time," he said.
 
He also spoke about the amendment to Article 59 to repeal the three-year limitation period for bringing proceedings against a former president, stating that there is no mention of immunity within the Constitution and that for any criminal action, the President will be liable.
 
Pillay also added that the amendment also makes it so that the mandate of the National Assembly will become less than it is supposed to be, as both elections will be done at the same time, on September 27, 2025. This will mean that the National Assembly will not complete its full mandate, since they started on October 28, 2020.  

This is the second amendment made to the Constitution of Seychelles in two years.

In June 2022, the National Assembly voted for an amendment to the Constitution that gave the Seychelles Defence Forces (SDF) the right to enforce domestic law in relation to public security, environmental protection and maritime security.

Effectively, the amendment gave a fifth function to the military and enables it to work alongside the Seychelles Police outside of states of emergency.  

Amended: 21.37 pm.