Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

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Cour suprême : les interprètes formés sur la période française aux Seychelles

Post  Sirop14 on Thu Feb 02, 2017 12:08 pm

Cour suprême : les interprètes formés sur la période française aux Seychelles
http://www.nation.sc/article.html?id=252735

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Judiciary Strategic Plan 2017-2020 – Vision 2020

Post  Sirop14 on Wed Feb 08, 2017 8:32 pm

Judiciary Strategic Plan 2017-2020 – Vision 2020

08-February-2017
Plan outlines four-year commitment to strengthening the judiciary

The Seychelles Judiciary has launched its second strategic plan 2017-2020 – a vision to take the judiciary forward to 2020 while committing itself to fulfill it. Described as the Vision 2020, the plan, which is a building on the previous one, was launched yesterday at the Palais de Justice at Ile du Port. It is aimed at strengthening the judiciary through a four-year commitment and enhancing its theme for this year ‘Unity in Diversity’.

The plan will be conducted under three main umbrellas - fewer, faster and fit for purpose with the end result making the judiciary a dynamic institution with contented staff working together to promote fewer litigious disputes and faster case resolution by offering high quality, fit for purpose solutions for court cases.
http://www.nation.sc/article.html?id=252822

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Wed Mar 29, 2017 2:37 pm

Updated Press Release- Appointment of Judges of the Supreme Court

Wed, 29 March 2017

96 95 1
President Danny Faure, following recommendations of the Constitutional Appointments Authority and in consultation with the Leader of the Oppositions Hon. Wavel Ramkalawan has appointed two new Judges of the Supreme Court, Mr Rony Govinden and Ms Laura Pillay.

Mr Govinden is currently serving his second term as the Attorney General, having first been appointed to the post in January 2009. He holds a Bachelor of Law with Honours from the University of Mauritius. Mr Govinden has over 18 years of extensive litigation experience serving as State Counsel, Principal State Counsel, Deputy Attorney General, and Attorney General in criminal, constitutional, administrative, and civil law cases before the Seychelles Supreme Court, the Constitutional Court of Seychelles, and the Seychelles Court of Appeal.

Ms Pillay has been a Senior Magistrate since July 2005. She holds a Degree in Law from the University of East Anglia, UK, and a Postgraduate Diploma in Legal Practice from the School of Law, Guilford, UK. She has also been serving as the Chairperson of the Family Tribunal since February 2016.

Mr Govinden and Ms Pillay will be sworn in at State House on Friday 31st March 2017.

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http://www.statehouse.gov.sc/news.php?news_id=3377

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Press statement from the Judiciary

Post  Sirop14 on Wed Apr 05, 2017 10:42 am

Press statement from the Judiciary

05-April-2017
Delorie v Government of Seychelles & Ano



The Petitioner brought a case to the Constitutional Court challenging the constitutionality of an amendment to the National Assembly Members Emoluments Act (hereafter ‘the Act’) which did away with ‘allowances’ paid to National Assembly Members and introduced ‘a monthly pension’. The Petitioner argued that this was not permitted by the wording of the Constitution, specifically, Article 105(1) which provides that the members of the National Assembly are entitled to the “salary, allowances and gratuity as may be provided by an Act” and that this may be a charge on the Consolidated Fund.

On the main issue before this Court, the Petitioner argued that the 2008 Amendment was ultra vires and a violation of the terms of the Constitution because it provided a pension for National Assembly Members as a payment against the Consolidated Fund when the Constitution in Article 105 had authorised only “salary, allowances and gratuity”.

The Court held that the Constitution contains an enumeration of the powers specifically conferred upon the National Assembly and grants the National Assembly a general power to legislate under Article 85 which is only subject to the Constitution. Part of this power includes the power to make Acts which authorize payments out of the Consolidated Fund or any other public fund (Article 152). The court held further that the Constitution itself authorises certain withdrawals from the Consolidated Fund. Many of these specific authorisations have to do with emoluments payable to persons who have been appointed to perform constitutional functions. For persons performing constitutional functions, the Constitution provides specifically for Acts to be passed to make pensions payable for three Constitutional appointees: the President, the Auditor-General and the Attorney-General. While the wording for all three of these persons is different, the provisions all specifically provide that the provision of salary, allowances, gratuity and pension shall be a charge on the Consolidated Fund. However, for other persons appointed to constitutional positions, including National Assembly members, the wording of the Constitution is limited to ‘salary, allowances and gratuity’ which may be provided by an Act and shall be a charge on the Consolidated Fund.

The Court held that there is no apparent reason why the Constitution drafters provided for a pension for three specific constitutional functions, and not for the other ten types of appointees, however, the language of the Constitution clearly distinguishes on this ground. The Court held that it was bound to give extra credence to the language choices made in the drafting of the Constitution given the nature of the drafting of the Constitution; the specific environment created to enable negotiations and enhanced scrutiny; and the fact that the final document was adopted by the Constitutional Assembly before being put to the people of Seychelles who also adopted the Constitution by referendum. The Court could not, therefore, assume that it was an unintended choice to provide for specific authorization for pensions for only three constitutional functionaries.

Therefore, the Court applied the principle that what is not specifically included in a list is excluded. (the expressio uni usest exceptio alterius maxim) and held that there was a clear intention to exclude pensions from the payments which the National Assembly could authorize as withdrawals from the Consolidated Fund.

In the present situation, Articles 58, 76, 158, 105, 66, 69, 82, 84, 115C, 133, 142, 144, and 150 all specifically state what types of emoluments Acts the National Assembly may provide for the respective constitutional functionaries as withdrawals from the Consolidated Fund: Acts pursuant to Articles 58, 76 and 158 may withdraw from the Consolidated Fund to provide salary, allowances, gratuity and pensions. Acts pursuant to Articles 105, 66, 69, 82, 84, 115C, 133, 142, 144 and 150 may only draw from the Consolidated Fund to provide salary, allowance and gratuity. The word ‘pension’ would need to be present in this latter group of Articles in order for it to be authorised by the Constitution.

The question remained whether the 2008 Amendment may be saved by virtue of the general legislative powers to authorize withdrawals from the Consolidated Fund granted to the National Assembly under Article 152(1)(a) read with Article 85? The Court held in this regard that this cannot be so, as the rule of implied exception must apply. The rule of implied exception (or generaliaspecialibus nonderogant) is that when there are two provisions of a statute, or statutes which are in apparent conflict with each other, and one of them is more specifically dealing with the matter while the other is more general in application, the conflict is resolved by applying the specific provision to the exclusion of the general one. Therefore the specific wording of Article 105 excludes providing for withdrawals from the Consolidated Fund for all payments to constitutional appointees except those provided by the Constitution.

Therefore, the Court held that the 2008 Amendment was ultra vires the powers of the National Assembly and therefore falls to be declared unconstitutional and void.

The court made the following order:

1.The provisions of sections 2(1)(c), 2(2)(d), 3(1)(c), 3A(1)(d) and 4(d) of the National Assembly Members Emoluments Act are unconstitutional and void.


2.This order will have prospective effect. No order is made with regard to payments already made under the Act.


3.Notice of this finding of unconstitutionality is to be served on the President of the Republic of Seychelles and the Speaker of the National Assembly in terms of Article 130(5) of the Constitution.

Seychelles Nation

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Fri Apr 07, 2017 11:05 am

No More Special Pension for Politician

This is the ruling given on Tuesday in a landmark case before the Constitutional Court  brought by Ian Delorie and spearheaded by his Attorney, Frank Elizabeth, to challenge the amendment to the National Assembly Members Emolument Act that provides the MNA s and Ministers with early special pension as soon as they vacate their position.
http://seychellesrealitytoday.blogspot.co.uk/2017/04/no-more-special-pension-for-politician.html

National Assembly Pensions STOPPED?
The generally accepted definition of a pension is the payment at regular intervals paid to a person or the person’s dependents, as a result of past services, age, merit, poverty, injury or loss sustained, etc. These payments are drawn from a fund setup specifically for this purpose comprising of contributions made by the person to whom the pension is payable.
http://seychellesrealitytoday.blogspot.co.uk/2017/04/national-assembly-pensions-stopped.html

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Mon Apr 24, 2017 3:26 pm

Appointment of New Justice of Appeal
Mon, 24 April 2017
President Danny Rollen Faure has announced that, following the recommendation of the Constitutional Appointments Authority, and after having consulted with the Leader of the Opposition Honourable Wavel Ramkalawan, he will be appointing Judge Bernadin Renaud as a Justice of Appeal replacing Justice Domah whose term of service in the Court of Appeal expires on 17th May 2017.
Judge Bernardin Renaud is one of the longest serving public officers, having joined the civil service in 1965.
He served as Labour Commissioner from 1979 to 1985.
He chaired the meetings of Constitutional Commission that led to the formation of the Third Republic, and was the Director of Elections for the Referendum that approved the Constitution, as well as for the first Presidential and National Assembly elections in 1993.
He became the first Ombudsman of the Republic in November 1993, and was appointed as a Judge of the Supreme Court on 1st January 2004.
He will be sworn into office as Justice of Appeal on 18th May 2017.
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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Thu May 04, 2017 6:44 am

Today in Seychelles added 2 new photos.
7 mins ·
Thursday 27 April 2017
Pre-trial detention
New Detention Remand Facility
A Detention Remand Facility (DRF) at Bois de Rose was officially opened yesterday morning. Mitcy Larue, the Minister for Home Affairs, unveiled the facility’s plaque.
by J. Florentine
The Detention Remand Facility is securely located within the compound of the Seychelles Police base, formerly the Seychelles Coast Guards headquarters.
The ceremony was attended by Vice President Vincent Meriton, Minister Mitcy Larue, the Superintendent of Prisons Vic Tirant, the Advisor to the Superintendent of Prisons, Maxim Tirant and the Secretary of State responsible for Prevention of Drug Abuse and Rehabilitation, Dr. Patrick Herminie and the Commissioner of Police, Reginald Elizabeth amongst others.
The opening ceremony kicked off exactly at 10am by the Master of Ceremony and also the Special Advisor for Prisons, Raymond St. Ange. The Prison's Chief Inspector, Sam Dodin, gave a short explanation about the setting up of the DRF.
“The concept of a remand facility emerged as a result of both an appreciation that remands, be they male, female or juveniles, needed to be better managed and securely segregated from those who had been convicted,” he pointed out.
According to him, the initiative for such a facility was planned several years ago, in 2014. But it was only in early 2016 that the actual work started. An exhibit warehouse at the Bois de Rose was converted into this facility. And the cost of the project was SCR6.5m.
However, in his speech, the Superintendent of Prisons highlighted that the Detention and Remand Facility will be supported by the professional services that the Seychelles Police Force delivers.
He claimed that, “Once commissioned and in service, the Detention Remand Facility will play a critical role in helping us to better manage our main prison at Montagne Posee as we seek to further decrease the overall population at the prison, by better classifying inmates, separating fully those in remand and those who have been convicted, and by providing through the reform process an opportunity for all our clients, an opportunity to improve themselves.”
He further assured the members present that the remands who will be using this facility will find a caring, professional and confident staff to manage their stay there.
In his speech, Mr Tirant also addressed the staff who will be assigned to the facility: “Remember that you are here to preserve law and order, to ensure the safety and security of those remanded into our care while awaiting trial, and to always discharge your duties as professional serving officers representing the Seychelles Prison Services.”
Right after the plaque was unveiled and ribbon cut, two priests
gave their blessings. They then went inside the building showering the different cells with blessed water.
Proceeding to the next stage in the ceremony, the Minister led the members present on a tour of the DRF.
The facility has the capacity to hold 80 remands at a time. There
are 10 fully air conditioned cells each having its own bathroom. Each cell can hold about six to ten detainees. It also has a visiting area, an area for exercising, as prescribed by the law, as well as its own administrative department.
Vic Tirant said that the transfer of remands from Montagne Posee prison to the DFR will be done by phase so as to ensure a smooth transition. “There are about 430 prisoners at Montagne Posee currently. Among them are 80 remands who are males. And they will be transferred to this facility in groups. This will be starting very soon.”
He also noted that this facility will cater for males only as all the cells are in the same block. Moreover, it is against the law to have men and women in the same block of prison.
In the same line, he pointed out that they are looking into the possibility of having a detention remand facility for women and juveniles as well. But for the time being there is a space at the females’ prison to cater for the female remands whenever the needs arises. As for the juveniles they are placed in police custody.
Nevertheless, the regulations stay the same for the remands even if they will now be using another facility.
https://www.facebook.com/todayinsey/photos/pcb.1322848637752943/1322847344419739/?type=3&theater

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Mon May 22, 2017 3:42 pm

Justice REGRESS in 2017 Seychelles!
In 2004 at the height of SPPF autocratic rule, the Judiciary had a standard which today is non existent. There was a case SCA No. 7 / 2004 The Bar Association and Nichole Tirant-Gherardi versus The President of the Republic, The Constitutional Appointments Authority and The Attorney General. The case concerned the appointment of higher judicial officers in the Republic of Seychelles. It was of particular importance to the Government of Seychelles and to the Judicial Arm of State in particular. Considered was whether the Constitutional Court was correct in dismissing the petition to set aside the appointment of Justice Ramodibedi as the President of the Court of Appeal and the setting aside the reappointment of Justice Matadeen as a Justice of the Appeal Court and of Justice Juddoo as a Judge of the Supreme Court respectively.The least that was done then three Judges from overseas were recruited to hear the appeal. It was heard by their Peers. How can today such a hearing where the Chief Justice is the Complainant, two members of the Tribunal are members of the current Judiciary junior to the Judge being accused. How independent will the two Judges be? Should these two Judges have been put in this position? Who chose these Judges? Is one of the Judges now most Senior that if the current Chief Justice leaves he is next in line on judicial precedence? How fair will the Judgement be? Why did the CAA not recruit from abroad? To be tried by his peers, why did he not have a former Chief Justice of Mauritius, Kenya etc.. or from the commonwealth. This would have given credence and confidence to the current process of this Tribunal. Why have a former Chief Justice of Seychelles and two other Judges who have personal knowledge of Judge Karunanakaran? It now appears that the CAA Tribunal has become part of the Judiciary. The Chairman of the Tribunal is alerted not to come but the Judiciary instructs to proceed. The prosecutor is dismissed the Tribunal reappoints. The funding also raises issues as it is being paid and funded by the Judiciary not the CAA albeit set up or mandated by the CAA. This CAA now has to look at the Tribunal trying Justice Karunanakaran and consider whether it is really independent, whether is has been free from interference etc..surely it appoints it should be able to dismiss unless the CAA did not appoint?The above case referred at the begining was heard by Justices G J Strydom, T D Cloete and J P Annandale which none of them had previously sat or were sitting on the Seychelles Judicial Circuit.Being tried by ones peers is not a new concept, I was Registrar of the Supreme Court and Court of Appeal then at least the process was fair!!!

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Comments

Stella Eduljee You are right Daniel, the whole thing is rigged and unfair and Karuna will not have a fair trial. Hiding behind the constitution is a load of tosh! The whole thing reminds me of a very old case that happened centuries ago when someone was accused,on tr...See More

Daniel Cesar I am critical of the process as if the Autocratic Ruler then understood as a Lawyer why can't those with better legal baggage 'swadizan' understand the fairness of process!

Jemma Simeon Be Daniel konmsi CAA napa oken power prezan

Daniel Cesar Lekel kin apwent sa Tribunal sirman sa ki apwente i kapab sispan!

Nirvad Vidot The only way to solve all these issues is to impeach Mathilda. Daniel Cesar are there any legal grounds to impeach her?

Bee Cesar Being 'fair' is not in their vocabulary! They are deaf and dumb over the same process they were sworn in to uphold. Who the bloody hell appointed this tribunal? And who's paying for this Chairman to stay when he was told not to come?

Daniel Cesar To impeach all one has to do is levy a complaint to the CAA it is then up to the CAA weigh the complaint!

Stella Eduljee Can one impeach someone for creating chaos in an organisation?

Daniel Cesar Of course its an abuse of office and authority!!!

Stella Eduljee I rest my case!

Carl Mills Where is LDS is the process ?

Carl Mills All decision are already agreed by PL and LDS . Let's not bluff ourselves ?

Michael E Jean-Louis THIS HAS NOTHING TO DO WITH Lds Sesel

Daniel Cesar Kangaroo Court - Banana Republic!
No automatic alt text available.

Francine Lola Our dipshit potus is the only onr who should be impeached

John Nicholas Louise Se sa vre definisyon kangaroo court.Just reading at this without even having prior knowledge of the case one would surely see how ridiculous this whole process is.

Jean Mellie The most expensive LADY FINGERS on this country was part of the former CAA in this DIRTY game

‎Stella Eduljee‎ to One Seychelles
4 hrs ·
Apparently the hearing is adjourned until tomorrow. Mr Boulle objected to having Govinden and Burhan as witnesses and judges on the tribunal. It is obvious it is a stitched up job, put their stooges to judge him and bear witness at the same time. A little bird told me that the 3 people who resigned from the court recently were seen by Danny Faure and were assured that Judge Karuna would be reinstated and on the same day it would appear he changed his mind. Probably leant on by .jpwason.Come on man grow a backbone! To all those who have lent their support here on FB and those who turned up at the hearing, a big thank you from everyone who believe in justice. The battle continues.Onward and upwards!


Comments
Guy Labrosse How can Danny Fraud assure anyone that Judge Karunakaran would be reinstated? Does that mean that he is interfering with the work of the judiciary? It is not up to Danny Faure to decide if people (rightly or wrongly) that are subjected to a judicial procedure will be reinstated or convicted. Constitutionally, it is not within his remit nor his authority to do so.

Peter Moumou Guy Labrosse They Have Done It Before. This Is Parti- Lepep We Know. Like You Said It's Not Right, But They Had Interfered Before . Nothing Surprise Me With This Government.

Nirvad Vidot Impeach Mathilda and all problem with judiciary will be solved

Michel-Ange Port-Louis I think we need to educate people on the principles of good governance and constitutional laws. The judge maybe on LDS side but it still doesn't make it right for the incumbent president to decide. It for the law to decide..

Rachel Geraldine Collie Call James Michel as a witness because he himself knows what this judge did wrong.

Bee Cesar Yes Rachel, let's call Jpwason to bare witness, isn't him that constructed all this nonsense. Whilst he is there maybe he can answer some other things too.

Andrew Zialor Judge Kuruna and I met in 2014 while he was acting C.J. We did a very good conversation but the threat against him was already there and he knows and I not surprised when he did not get the merit he deserves. I have known Judge Kurana for many years d...See More

Stella Eduljee Judge Karuna was my mother's lawyer when he was a young man. Slowly, he worked his way up and was well known for being an upstanding judge. They even appointed him as acting CJ. If this man was anything less they would not have appointed him. It is int...See More

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Thu May 25, 2017 5:46 am

Daniel Cesar‎ to One Seychelles
1 hr ·
Karaunakan Judge - CJ scheduled for evidence Whole Day!
Today the Chief Justice Mathilda Twomey will take the stand for the whole day before Tribunal, headed by one of her Peers Former Chief Justice Frederick Egonda-Ntende and two of her Juniors, Justice Mohan Burhan and Justice Samia Govinden. Finally the Chief Justice will relieve herself of what Karunakaran Justice did wrong, unopposed as the matter is proceeding without Defence or cross examination as Maitre Boulle leading the Defence decided not to continue!
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Donald Jeanlouis Will we ever see TRUE JUSTICE IN SEYCHELLES????? I believe i will happen one day, by the will of GOD.

Jean Mellie CAA t devret anmen anmen Alleaar deven enn tribunal si vreman sa GOVERMEN T sinser dan son langasmen me I p le k pou li politik I enn premie Sed ziz Alleaar I enn plito enn sef lera

Paul B Chow Interesting!! In the case of SACOS v/s First International Financial Company Ltd, a licensed insurance broker, where SACOS wanted to collect a debt of R500,000 from that company, a debt which was acknowledged by that company, the judge, Karunakaran, after having been told by the directors that the company was under voluntary winding up, and had applied to the Supreme Court accordingly, set up a hearing without informing one of the parties and then proceeded to issue a summons for the arrest of one of the directors. Interestingly enough throughout the proceedings one person was in the audience in the court room at all times. His name was France Bonte, chairman of the CAA. The irony is Karunakaran has refused to attend the tribunal and there has been no summons to arrest him and bring him infront of the tribunal, whereas under the law and establish jurisprudence in all democratic countries directors are not liable for a company's debts. It was no happy coincidence that the director in question was the leader of the DP and had earlier signed a coalition agreement with SNP to campaign as one in the forthcoming presidential election. And when the director in question filed a case of no fair trial in front of the Constitution Court the then president of the court when the case was called for mention, Judge Bernadin Renault apologized to him that the dossier the clerk had given him was devoid of any documents that he had filed to establish his case and that therefore they could not hear his case. By happy coincidence too the Clerk of the Supreme Court was a man with the surname Bonte whose father was the Chairman of the CAA?

Daniel Cesar Paul was that the case you were involved in?

Peter James Roselie Ntende too should be recuse. They are wasting our money. please stop this mess. its all about personal grudge. Daniel Cesar you once told me Karuna pa le war ou ankour. But I see now you have no grudge against him. jajaja. I'm confused.

Daniel Cesar Yes it's true Peter James Roselie if we expect forgiveness then we have to forgive - JUSTICE and SEYCHELLES must really come first not just lip service...we have many problems look at LA brother yes our money paying for Savoy etc!

Paul B Chow That's a nonsense statement. No one is entitled to forgiveness. It is earned!!

Daniel Cesar Paul Chow that is you and am me - what works for you does not work for me?

Peter James Roselie jajaja steel hearthed Paul, Agree Dan, I'm done and I felt the relieve in my life, Lets agree to disagree but I have forgiven the trio who grilled my life. The great tribunal shall deal with them on the finale day. Amen.

Kathleen Pillay If the measure of good or bad judge is going to be whether we won or lost a case against someone then it goes without saying that the Judiciary should be closed down for all judges will be guilty of that depending on which side of the outcome you are.

Paul B Chow Kathleen you disappoint me. My case is not about winning. There was nothing to win here. The debt was been acknowledged by the company but the judged contrived a case against me personally, which wasn't an issue by the other party, proceeded to issue an arrest warrant, an abuse of the process, and then to cross examine me, another abuse of the process and to order me to pay the company's debt, which the other party did not even ask. He is not fit to be a judge. Where did he practice law before he came to Seychelles? Who made him a judge?

Kathleen Pillay And I can say that about you too Paul. I have no personal interest in the case of Judge Karunakaran. nevertheless I have seen gross misrepresentation or deliberate ignorance on your part regarding perverse proceedings taking place with regard to his case. The more there are shortcuts or panic and questionable actions by those responsible to crucify him, the more the perception will be that it is a witch hunt. If the complainant indeed had a solid case, every single measure to ensure that he is seen to be getting a fair trial should have been upheld. But we shall wait and see and I shall comment further later.

Kathleen Pillay I'm not familiar with your case but warrant for arrests in cases of civil debts are not uncommon and many people have been issued with such warrants in the past. In the cases of directors of companies there are exceptional cases where this is issued. It may very well have been a bad judgement or interpretation on his part but everyone who has been before the courts has an axe to grind with a judge if we lost a case.

Kathleen Pillay I have also seen many judges with little or almost no experience of appearing before the courts or some only with criminal law background being appointed judges or Chief Justices so if we're going to go down that road....hmmm!!!!

Mitchel J Edmond Do you recall the days of exile 1980's what can cause a human malfunction and the cup of Coffee you would give us - we can do with such a cup this morning before commenting - I/we have noted the former Ugandan Chief Justice will be part of the process - during his term of Office a good many court/justice I/we addressed him/his Office - Time and time have inquired the Justice communication/human and court wise - the introduction of what we have come to term infernal satanic mechanism - in Britain, France and across Europe and the USA its application and quasi parallel working, influence and impacts - how a Justice person well trained and many years of experience can be rumpled and how a Justice with little experience knowing how to use and apply that infernal communication can achieve positive results - In Britain since 1987 the many distinguish articles on this topic . In Seychelles how is that included and written or interpreted in the Justice workings - laws. The European Union and African Union Court Approach/Benchmark

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Wed Sep 06, 2017 1:29 pm

New Justice of Appeal to be sworn in today
http://www.nation.sc/article.html?id=255559


Judge Fiona Robinson sworn in as new Justice of Appeal

Judge Fiona Robinson (née Laporte) was sworn into office as a new Justice of the Court of Appeal at a ceremony held at State House yesterday afternoon.
Judge Robinson took the oath of allegiance and the judicial oath in the presence of President Danny Faure, Vice-President Vincent Meriton, Designated Minister Macsuzy Mondon, president of the Court of Appeal Justice Francis Macgregor, Chief Justice of the Supreme Court Mathilda Twomey, leader of the opposition in the National Assembly Wavel Ramkalawan, leader of government business Charles Decommarmond, members of the judiciary, members of the Constitutional Appointments Authority (CAA) and other distinguished guests.
Judge Robinson was accompanied by her husband, her sister, her children, parents and her usher.
Her appointment follows recommendations made by the CAA to President Faure on September 1, 2017.
She replaces Judge January Henry Msoffe whose term of office in the Seychelles Court of Appeal ended on August 14, 2017.
Mrs Robinson holds a Master of Laws in International Maritime Law with distinction from the International Maritime Organisation International Maritime Law Institute in Malta and a degree of Bachelor of Laws with honours from the University of Mauritius.
She has drafted a number of written laws such as bills, regulated legislation, rules, orders and bye-laws during her tenure in the chambers of the Attorney General.
She has a wealth of experience in maritime regulations and delimitation of maritime boundaries having served on the committee of piracy and as member and legal advisor to the Seychelles Maritime Delimitations Technical County.
Judge Robinson, who was appointed as a judge of the Supreme Court in January 2013, is now one of the five Seychellois Court of Appeal judges.
She said her role remains more or less the same but there are more responsibilities as the Court of Appeal is the final court and they have the final say on the decisions taken at the Supreme Court.
“It comes with a lot of responsibilities and you need to ensure you are making the right decision as it will affect the lives of the citizens,” she said.
She said negotiations are being made for the cases that she has been working on to be allocated to judges serving the Supreme Court,” she said.
“I will still be able to work on cases that need my ruling and to do sentencing as is allowed under the Constitution for a short period of time until I close my cases,” she said.
http://www.nation.sc/article.html?id=255562

http://www.statehouse.gov.sc/news.php?news_id=3589

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Mathilda Twomey explains ‘metissage’ in Seychelles’ laws

Post  Sirop14 on Wed Sep 20, 2017 11:08 am

UniSey lecture
Mathilda Twomey explains ‘metissage’ in Seychelles’ laws
To commemorate the ninth anniversary of the University of Seychelles (UniSey), the Chief Justice, Mathilda Twomey, gave a lecture on legal "metissage" in a micro jurisdiction. She focused mainly on the mixing of common law and civil law in Seychelles.
by J. Florentine
The lecture was delivered on Friday 15 September at UniSey’s auditorium in the presence of the Vice Chancellor of the university, Professor Dennis Hardy, Dean Justin Valentin, the former president and also founder of the university, James Michel. Also present were invited guests, staff, lecturers and students of the UniSey.
Before going into the Seychelles’ context, Dr. Twomey began her lecture by highlighting the types of common and civil laws which are applied in Africa and their origins. She then moved to the Seychelles context and talked about the history of the country so as to explain the history of the laws we are currently applying.
She explained the mixed use of common law and civil law in Seychelles, which she refers to as ‘metissage’. She declared that since we had a long history as a French colony we used to have our laws drafted in French which reflected the French system. However, we then became a British colony and moved towards the British system which was then incorporated in our law. This explains the mixture in our laws. “What we have today is a mixed legal system,” she explained.
Dr. Twomey pointed out that many discussions have revolved around the origin of the laws we have in the country. She added that even if things started to “Creolise” when Creole was introduced in schools during the Third Republic, the official language used in law and documents is English. National languages are English, French and Creole.
Quebec, Louisiana and Mauritius are examples of places which have been colonised by both French and British and thus have a mixed legal system.
At the end of the ceremony, the Vice Chancellor of the Unisey presented Dr. Twomey with a trophy. In return, Dr. Twomey presented him with some copies of her book which focuses specifically on the mixed legal system we have in Seychelles.
“The lecture was basically on the book I wrote for my PhD which highlights the types of law we have in Seychelles and their implications. However, the constraints we are facing are due to the global influence which is prevailing. The evolution in the country is not only in laws but through different disciplines, for instance, our language, our culture and everything else. Even the Creolisation which exists reflects in the law that we have and affects our national identity. This is what I want people to understand,” explained Dr. Twomey.
She added: “However, there is a group of people who believe strongly in supremacy of certain traditions. On the other hand, there are those who believe that these people are here to corrupt our laws. The law in itself is not something interesting to people who are not in that field. This is why I tried to paint the picture a bit outside the main objectives in my presentation to make it more interesting for the audience.”
Dr. Valentin, the Dean of UniSey, for his part, said they started with this type of lecture two years previously, where they invite people currently living in Seychelles and who are doing academic work to present a lecture. “To have Dr. Twomey lecturing on her book today is a great opportunity for our students, especially those studying law, to get acquainted with the conversations around laws of Seychelles. This lecture will help all of us to contextualise the things that are going on in the country. Each year the lectures are basically on the conversations that are common in the country,” he explained.

https://www.facebook.com/todayinsey/posts/1444786328892506

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Wed Oct 18, 2017 4:00 pm

CJ Twomey attends conference on ‘Judicial Integrity’
http://www.nation.sc/article.html?id=256153

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SEYCHELLES: Judicial Independence and Accountability

Post  Sirop14 on Sun Nov 05, 2017 9:56 am

SEYCHELLES: Judicial Independence and Accountability
November 05, 2017
The undersigned organisations are gravely concerned about recent reports of events affecting the judiciary in the Seychelles. The developments in Seychelles have the potential to affect the actual and perceived independence of the court.

http://seychellesrealitytoday.blogspot.co.uk/2017/11/seychelles-judicial-independence-and.html

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Bar Association of Seychelles

Post  Sirop14 on Fri Nov 17, 2017 5:46 pm

Bar Association of Seychelles
39 mins ·
The Bar Association of Seychelles held its 2017 AGM this afternoon. One of the key topics discussed was the creation of a statutory body, such as a Law Society, that would regulate the legal profession. The newly elected Management Committee were tasked with lobbying for such a law to be enacted.
The following persons were elected to the Management Committee: -
President: Mr Divino Sabino
Secretary: Miss Tamara Christen
Treasurer: Mrs Laura Valabhji
Executive Committee Members: Mr Elvis Chetty & Miss Edith Wong
Co-Opted Committee Members: Mr Joel Camille, Mr Nichol Gabriel & Miss Alexandra Benoiton

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The old gate bust up, the accident, Black Smith and the new building 17/11/17

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Rony Govinden appointed acting CJ

Post  Sirop14 on Sun Dec 17, 2017 2:38 pm

Rony Govinden appointed acting CJ
http://www.nation.sc/article.html?id=256978

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Mon Jan 08, 2018 8:31 pm

Supreme Court’s formal re-opening on January 10
‘A Judiciary that we can trust’ is the theme for this year’s ceremonial re-opening of the Supreme Court of Seychelles.
This year, the religious service preceding the ceremonial parade will be held at St. Paul’s Cathedral at 9am on January 10, 2018. It will be hosted by Anglican Archbishop James Wong and the sermon will be delivered by Bishop Denis Wiehe, Bishop of the Roman Catholic Diocese of Victoria.
As is the custom, during the service, prayers will be offered by representatives of various denominations.
According to a communiqué from the Judiciary, the theme of the ceremony ‒ ‘A Judiciary that we can trust’ ‒ is also “an implicit pledge to the people of Seychelles, that the courts have taken and will continue to take the necessary steps to establish, nurture and foster integrity, transparency and accountability for all court processes and operations thereby forging a positive relationship with the public whose duty it exists to serve”.
“The ability of courts to fulfill their mission and perform their functions is based on the public’s trust and confidence in the system. It is therefore only fitting that blessings and guidance are sought at the beginning of each judicial year,” says the communiqué.
All members of the public are invited to attend the church service.
This year, for the first time, there will be a collection during the service. Proceeds from the collection will be donated to the Association for Parents with Hope.
A ceremonial parade, led by the Police Brass Band will start from St. Paul’s Cathedral, continue up and down Independence Avenue and end at the Victoria Gymnasium Car Park.
http://www.nation.sc/article.html?id=257227

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Thu Jan 11, 2018 8:46 pm

Formal re-opening of the Supreme Court

Measures which the Judiciary introduced over the past two years were aimed at addressing weaknesses in its structure and processes to better deal with corrupt or inefficient practices, Chief Justice Mathilda Twomey has said.

She has commended the work done which she says has borne fruit although faced with strong criticism for its uncompromising and disciplined approach.
“We are a more confident judiciary, better able to deliver on our promises,” CJ Twomey says.

She has pointed out that the Judiciary will this year redouble its effort to address complaints from members of the public whom she says are often victims of the weaknesses in judicial processes or a lack of resources and personnel.

CJ Twomey made those remarks in her address at the Palais de Justice to mark the re-opening of the Court yesterday.

Following the religious ceremony at the St Paul’s Cathedral and procession in the streets of Victoria , the judicial delegation and guests proceeded to the Palais de Justice at Ile Du Port where CJ Twomey inspected a guard of honour before addressing a large audience and guests who included the President of the Court of Appeal, the Commissioner of Police, judges of the Court of Appeal, judges of the Supreme Court, magistrates, the ombudsman, chairman of the Constitutional Appointments Authority (CAA), chairman of the Public Service Appeal Board (PSAB), Secretary of State for Cabinet Affairs, religious leaders, deputy Attorney General, Superintendent of Prison, members of the Diplomatic Corps, chief executive of the Anti-Corruption Commission, chief executive of the National Council for Children (NCC), President of the Bar Association and attorneys at law.

CJ Twomey remarked that at the re-opening of the Court in 2016 she was weighted by her newly assumed responsibilities, and trying to assess how to set the direction for the Judiciary’s efforts.

“Progress has been made towards modernising the judiciary, but we were still gravely concerned about ‘Justice’ in Seychelles. We felt that you, the court users, were being harmed by bad habits which were pervasive within the Judiciary and the Bar. We warned that mediocrity, laziness, avarice and complacency prevented ordinary people from accessing justice in some of our courthouses. I called on judges, magistrates and lawyers to recommit themselves to their oaths, to their commitment to our noble profession and they did. So walls were built upon the foundations laid by my predecessor and we stressed our commitment to completing what had been started,” CJ Twomey highlighted.

She went on to note that again last year at the re-opening of the Court she called for unity in our diversity.
http://www.nation.sc/article.html?id=257269

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Thu Jan 11, 2018 8:52 pm

Religious service, procession mark re-opening of Supreme Court
Religious service, procession mark re-opening of Supreme Court

11-January-2018


The Supreme Court formally re-opened yesterday under the theme ‘A judiciary that we can trust’.
The ceremony kicked off with a religious service at the St Paul’s Cathedral attended by judges, lawyers, court clerks and other court officers.
The church serviceThe service was presided over by Anglican Archbishop James Wong with the help of Father Danny Elizabeth, Father David Alcindor and Deacon Willy William.
Bishop Wong prayed to bless all the actors of the judiciary and the relationship between the judiciary and the people of Seychelles.
“We trust God to give them the inspiration in their judgement in their work especially according the theme,” he said.
He stated that most of the readings and scriptures were in line with the theme of trust.
“When we talk about trust we talk about mutual respect and we are asking God to bless the members of the judiciary so that the trust can be seen in action by the Seychellois,” he said.
Archbishop Wong said he hopes the trustworthiness improves on the existing relationship between Seychellois and Judiciary.
He said Seychellois will need to have the same spirit of trust towards the judiciary as a child has towards their parents so that we can grow together in this judiciary that we can trust.
“A child always trust their parents no matter what because of the good relationship and love which exists and this is the spirit we want,” he said.
Prayers of other faiths were also read by members of the courts -- Hon. Justice Bernardin Renaud (Bahai’i), S. Rajasundara (from Bhagavad Gita), James Mukuwa (Seventh Day Adventist), Vanessa Gill (Anglican), Marie-Annette Nicette (Roman Catholic).

http://www.nation.sc/article.html?id=257268

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Fri Jan 12, 2018 7:09 pm

Formal re-opening of the Supreme Court
Chief Justice Mathilda Twomey has commended the hard work that is done on a daily basis by lawyers and judges to clear court cases.
“In 2013 the whole judiciary at the time -- the Court of Appeal, the Supreme Court, Magistrates’ Court and Rent Board -- completed 2,729 cases. In 2014, this amount decreased to 2,565. In 2016, these same courts cleared 5,335 cases, and up to mid-November 2017, a total of 5,149 cases were cleared. In other words, more cases are being cleared in a single year than in 2013 and 2014 combined,” CJ Towmey has highlighted.
This was in her annual address at the re-opening of the Supreme Court on Wednesday.
“We are happy to note as well that the quality of the cases cleared and judgments delivered has improved. There is a significant rise in court usage time and the disposal rate of cases has improved in line with the Delay Reduction Time guidelines introduced by my predecessor, Chief Justice Fredrick Egonda-Ntende. We will continue to aim for constitutional and commercial cases to be completed in 6 months, criminal cases within a year and civil cases within two years from the filing date. With these improvements in disposal rates we have not seen any reduction in the quality of the decisions delivered, which is self-evident from the judgments on Seylii, the website of the Judiciary and would be reflected in successful appeals which statistics have not significantly changed,” CJ Twomey stated.
She pointed out that in 2017 these clearance rates have been achieved with fewer judicial officers at all levels as some positions stood open for some time and there remain vacancies at judicial and magistrates level which have not yet been filled.
“I need to acknowledge the hard work that our different judicial officers put into the clearance of cases. But I am also aware of the partnerships which have enabled such successes to be achieved. I am grateful for the assistance of the President, the relevant ministers and the National Assembly in ensuring that we were well supported and resourced enough to begin to achieve our ambitions. Our most important partners are, of course, the esteemed lawyers who attend in our courtrooms. We are aware of the tremendous pressure that has been placed on you by our increased work schedule. I applaud you for rising to the challenges, for your commitment to your clients and for your nearly miraculous ability to spirit yourselves between our various courtrooms, appearing as if teleported, just in time,” she said.
She also expressed her pride at the thankless work done by all the magistrates, who are also expected to run the Rent Board, Employment Tribunal, Juvenile Court and Family Tribunal. In these tasks they are assisted by dedicated persons who sit on those tribunals and whose efforts are still not adequately financially rewarded.
“The Family Tribunal has made great improvements under the leadership of Judge Pillay first and then Magistrate Asba assisted by Magistrate Burian and Mrs Aglae and their hardworking Tribunal members. We acknowledge the high number of sensitive and complicated cases which they take on a daily basis and we owe them a huge debt of gratitude,” CJ Twomey remarked.
http://www.nation.sc/article.html?id=257279

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Sat Jan 13, 2018 6:19 pm

The Judiciary of Seychelles

The Judiciary of the Seychelles draws its judicial authority from Chapter VIII of the Constitution of Seychelles and consists of the Court of Appeal, the Supreme Court of Seychelles and such other subordinate courts or tribunals established by an Act pursuant to article 137 of the Constitution. The following courts and tribunals are also part of the Judiciary: the Magistrates’ Courts established under the Courts Act 21 of 1964, the Family Tribunal and Juvenile Courts established under the Children Act 16 of 1982, the Employment Tribunal established under the Employment Act 2 of 1995, and the Rent Board established by the Control of Rent and Tenancy Agreements Act 5 of 1955.
http://www.nation.sc/article.html?id=257292

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Fri Feb 16, 2018 8:04 pm

Police Communique - Woman caught in possession of drugs on court’s premises
http://www.nation.sc/article.html?id=257685

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Mon May 07, 2018 6:41 pm

Tribunal of inquiry to investigate the question of the removal from office of Chief Justice Mathilda Twomey
http://www.nation.sc/article.html?id=258758

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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Fri May 11, 2018 6:58 pm

Who is it that really wants to remove Mathilda Twomey as Chief Justice?
May 11, 2018

The time has come to tell the tale.

In this picture you will see the creme de la creme of Seychelles Free Masonry. From the top of the Freemasons they are elevated to the Knights Templar.

Centre in this picture is Shelton Jolicoeur. He was the head of the new CAA until he was caught on the internet confessing that “Mathilda must go”.

Following that he was hastily replaced by Michel Felix as head of the CAA. Michel Felix is also in this picture.

Now why would this erstwhile organisation want to remove her as Chief Justice?

How do they get to decide who is the head of the CAA?

It is because Danny Faure is a Freemason.

To understand this story you must understand the history of freemasonry in Seychelles.

Now there is nothing wrong with freemasonry. It is a noble club all over the world.

In Seychelles Freemasonry met with the Seychelles Club. This created an unholy marriage. The result is a total corruption of its values and morals. A lust to continue enslaving ordinary Seychellois using the system of control perfected by Freemasons in grand terre.

Look again at this picture. Look at the people in it. There are people from SPPF and people from Opposition. They don’t care about political parties. They care only about each other Freemasons and eating their cake together.

Albert Rene was a Freemason. That’s why he was allowed to have his Coup d’etat in 1977. The business of his fellow Freemasons were never touched. Look how they have prospered under his protection!

Judge Karunakaran is a Freemason. He was brought in by Albert Rene to give judgements in favour of Freemasons. He does not care about the rule of law. Only the rule of corrupt Freemasons of Seychelles. He has ruled in favour of many Freemason’s and denied justice to non Freemasons.

He has willingly offered and done the same for opposition to gain their favour and support.

According to the Freemasons plan Karunakaran was supposed to become Chief Justice and continue the corruption of Justice in Seychelles.

Under James Michel the Freemasons lost a lot of power.

James Michel is not a Freemason. He appointed a lot of non Freemasons to key positions. This killed their power and dismantled their hold over society. This included appointing Matilda Twomey as Chief Justice instead of Karunakaran.

This is why the so called opposition hates James Michel even more than Albert Rene who led the coup d’etat.

But the Freemasons have been fighting to come back to preserve their corruption.

Today it is clear that the Freemasons are becoming stronger under Danny Faure. More and more corrupt stooges of the Freemasons are coming back into key positions.

They have even brainwashed diehard opposition supporters to call for Albert Rene’s mercenary judge to be returned as Chief Justice. Instead of one who has just cleaned up the corrupt filth from the judiciary and lawyers!

So this is really who wants the Chief Justice removed in Seychelles. It is not for the good of ordinary Seychellois. She is an obstacle to their selfish greed and corruption.

They now want to use the flimsiest of excuses and an illegally conducted process to force her out.

Enough is enough, it is time to expose this corrupt freemasonry in Seychelles and clean it from our society once in for all!

It is time to free Seychellois from the grip of this rotten corruption of freemasonry.

Posted By Seychelles Reality Today
http://seychellesrealitytoday.blogspot.co.uk/2018/05/who-is-it-that-really-wants-to-remove.html


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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Sat May 12, 2018 3:46 pm

Tribunal appointed to look into complaints about Supreme Court chief justice of Seychelles

Victoria, Seychelles | May 12, 2018, Saturday @ 11:19 in National » GENERAL | By: Betymie Bonnelame | Views: 767
http://www.seychellesnewsagency.com/articles/9125/Tribunal+appointed+to+look+into+complaints+about+Supreme+Court+chief+justice+of+Seychelles


Report on Tribunal of Inquiry into Judge Karunakaran
https://www.seylii.org/content/report-tribunal-inquiry-judge-karunakaran

REPORT OF THE TRIBUNAL SET UP UNDER ARTICLE134 (2) OF THE CONSTITUTION OF THE REPUBLIC OF SEYCHELLES TO INQUIRE INTO THE INABILITY OF
JUDGE DURAI KARUNAKARAN TO PERFORM THE FUNCTIONS OF THE OFFICE OF JUDGE ON GROUNDS OF MISBEHAVIOUR AUGUST 2017.

https://www.seylii.org/sc/Tribunal%20Final%20%20Report%20%28RE%20Judge%20Karunakaran%29_0.pdf


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Re: Justice Mathilda Twomey, née Butler Payette is appointed as the new Chief Justice of the Supreme Court of

Post  Sirop14 on Fri May 25, 2018 6:35 am

Le Seychellois
32 mins ·
The Tribunal set up to hear complaints lodged against the Chief Justice, her Ladyship Justice Mathilda Twomey is appealing to ‘interested persons’ who feel they are ‘affected or likely to be affected by the findings, recommendations or decisions of the Tribunal to come forward if they so wish to be heard by the tribunal.
The appeal is one of the several rules and procedures which the Tribunal has published this week.
Those wanting to be heard will be able to do so on 5th June at 10am at the ex-National Assembly Hall at National House.
The Tribunal will be conducting what it has termed as a ‘directions hearing’, where it will consider applications from persons affected or likely to be affected by the findings, recommendations or decisions of the Tribunal ‘who wish to seek leave to appear or to be represented at the Inquiry and otherwise to give directions as to the future conduct of the Inquiry.’
Those persons who want to seek leave to appear or be represented before the Tribunal, should apply in the first instance’ and should send an email to ‘secretarytrofinquiry@gmail.com’ or in the form of a letter ‘setting out the grounds upon which it is claimed he or she is a person interested.’
The physical address to send your letter is Secretary of the Tribunal c/o Mayor’s Office, Ground Floor, State House Avenue, Victoria.
The deadline for all those wishing to submit their applications wanting to appear before the Tribunal is 27th May on or before 4pm.
The Tribunal into the conduct of the Chief Justice is chaired by The Hon. Michael Adams QC from Australia, Judge John Raymond Murphy from South Africa and the Chief Judge of Lagos state, Justice Oluwafunmilayo Atilade.
https://www.facebook.com/LeSeychellois/photos/a.190167844380864.48522.189753581088957/1792187340845565/?type=3&theater


Comment -
Thank you for your Post - we have addressed the International Community your ICC, the European Court, the African Court and the International Court how beside from a High Interdisciplinary perspective we have impute in the Police and Justice system of that Seychelles similar capacity with other nation working when required, that SIROP program impacting synergistic and leveraging capacity in the Police , Justice and military workings of ~~Seychelles my creole is not better than our ancestors pig backside, instead write in English, those of you who support former Minister Pat Pillay and the LDS copy what we have posted and use it as you see fit - those of you calling for accountability and Truth. Plain English we have impute in such a way that influence appointment of Justice and Judiciary of that country and aspects of their ongoing workings. The Lawyer representing us in Seychelles is Pardiwalla, Towmey, Lablach

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