20 years onward since the Promulgation of the Constitution of - - PDF document

20 years onward since the Promulgation of the Constitution of Seychelles (21.6.1993). THE NEXT 20 YEARS Honourable Chief Justice, Honourable President of the Seychelles Court of Appeal, Honourable Justices and Judges, Magistrates, my learned colleagues, Ladies and Gentlemen good morning. As President of the BAR Association of Seychelles, I am thankful for this opportunity to address you on this august occasion, which also includes today, the official opening of our new Palais de Justice and which occurs 20 years after the coming into effect of our Constitution

• f the Republic of Seychelles, in this our 3rd Republic.

This symposium intends to promote discussion on what is needed and achievable for the justice system, during the next 20 years. On the 21st June 1993, we aspired “to build a just, fraternal and humane society… “and all “... recognizing the inherent dignity and the equal and alienable rights of all members of the human family as the foundation of freedom, justice, welfare, fraternity, peace and unity (i) Seychelles, formally, with the adoption of its new Constitution moved into the era of a pluralistic multiparty system of government, with a free market economy and the rule of law. The Courts in Seychelles, commenced its evolvement to meet the new challenges.

• 1. Our perspective from the BAR, was and remains today that the

Judiciary essentially is the 3rd branch of government and must ensure and guarantee constitutional government, guarantee, apply and interpret the constitution and laws, operate as a check and balance against executive power and parliamentary arbitrariness, guarantee human rights, law, order and justice, and further promulgate the concept of a Nation based on the Rule

• f Law. The BAR requires an independent, competent and

impartial judiciary. (ii)

• 2. As with our other democratic institutions, the Courts were slow to

evolve into this new liberal democratic form of government. The challenges were and still remain essentially; a) The Independence of the Judiciary i.e actual and perceived lack

• f independence from executive and political interference.

b) Its inefficiency and ineffectiveness. c) The actual and perceived corruption within the Judiciary and Registry. d) The lack of competent, liberal, and progressive judges especially in relation to the interpretation and application of the Constitution. One could quote our Chief Justice, “There is almost near unanimous perception that the Judiciary is largely inefficient, ineffective and susceptible to executive and outside influence. (iii)

• 3. Some work has been done, the BAR acknowledges. Most of the

strategy is encompassed in the Judiciaries “Strategic Plan 2010 – 2014, drawn up by the office of the Chief Justice, with support from other actors. The vision is for judicial excellence, independence and to inspire public confidence (iv) and the mission “is to effectively and competently administer justice in accordance with the Constitution and Laws of Seychelles in a timely, impartial and independent manner.” (v)

• 4. The BAR, also and further took note of the “Review of the

Seychelles Criminal Justice System” by Barry St J Galvin and that the recommendations for a new specialized Police Task Force and more resources and better salaries at the Attorney General’s Chambers, which were implemented by Executive. (vi)

• 5. Honourable Judge D Karunakaran made important observations

in his presentation at the recent seminar on Alternative Disputes Resolutions, at Kempinski Hotel, Mahe, recently. (vii)

• 6. The BAR Association has remained the partner of the Judiciary

throughout those turbulent years. We are the legal advisors, draughtsman, Counselors, Attorney’s, Notaries, of Government, and the entire Republic and its citizens. Every legal issue, regardless of whether they end up within the judicial system, finds its way to the BAR and the Attorney Generals Chambers,

• initially. We have a fundamental and necessary role to play in the

administration of justice in Seychelles.

• 7. The BAR has always and remains committed to effective,

impartial law, order and justice. For this symposium, our aspirations for the next 20 years, include; a) The BAR;

• i. A Law Society, governed by statute, with

a) A strict code of conduct and ethics for the profession. We need to promote, professionalism, competence and integrity. b) A continuous programme of education and training for Attorney’s. c) More exposure, specialization and participation in the region, to be more effective in our services towards regional bodies like SADC, COMESA and the WTO, and further to cater for new emerging sectors of the Seychelles economy, example, financial services and the petro and energy services industry.

b) The Supreme Court a) Qualified and competent Seychellois Judges sourced at the BAR and a Seychellois Chief Justice. b) A new package of salaries and incentives for Judges in order to attract the most experienced and knowledgeable lawyers. c) An independent Judiciary with full autonomy from the Executive in relation to its budget and human resources management and administration. c) The Seychelles Court of Appeal

• i. The BAR envisages a Court which sits throughout the year,

which requires Justices resident in Seychelles.

• ii. Considered judgments, and not hurried and delivered with

the same session, as at present, but delivered prior to the next session. Presently, judgments are delivered within 2 weeks of a hearing which detracts from excellence. Priority for constitutional and criminal judgments can be established.

• iii. Individualised judgments, including dissenting judgments.

It is essential that the Courts judgment are considered, authoritative, researched and respected. d) The Constitutional Appointments Authority The BAR recommends certain changes to enhance objectivity and transparency. a) That the panel is enlarged to include the Chief Justice or his nominee, a judge. b) The President of the BAR or his nominee, a member.

c) Regulations are promulgated

• n

the procedures for applications, qualifications, and appointments to the judiciary, as well as for their salaries, allowances and including the disciplining of judges. d) All appointments and removal of judges are done with consultation of the National Assembly of Seychelles. e) The Registry of the Supreme Court Changes

• i. Fully trained and with ongoing training and education at

all levels.

• ii. Continuous review of salaries and incentives to fully

develop a professional and competent cadre. iii. Well equipped and knowledgeable, honest persons of integrity.

• iv. Engaged, hardworking and motivated.
• v. Fully employed as partners in the process of law, order

and justice.

• vi. Privatise

certain services eg process service, and summons. vii. A well stocked library and database.

• viii. IT connectivity, e.g Lexus law library.

The BAR wishes to ensure that suitably qualified citizens of Seychelles, find their way to the Bench, in a transparent manner, in accordance with objective law and regulations. (viii)

• 8. The BAR, in these coming years, will play its part and push

towards cooperation with the judiciary, and the Seychelles University to from the next generation of lawyers. We need to include Seychellois Attorney’s overseas in our perview and engender and embrace changes towards the regionalization of our

economy and globalisation. Cross border services is tomorrow’s reality. In conclusion, we can say, that for Seychelles, during these next 20 years, we forsee institutional changes and development towards a more modern, democratic state, under the Rule of Law. Thank you. MR ANTONY G DERJACQUES PRESIDENT BAR ASSOCIATION OF SEYCHELLES 17.6.2013 PALAIS DE JUSTICE

i. Constitution of the Republic of Seychelles – Preamble ii. Principles and Guidelines on Right to a Fair Trial (The African Commission on Human and People’s Rights) iii. Chief Justice Egonda –Ntende, 14.9.2011 iv. Strategic Plan 2010 – 2014 – Vision v. Strategic Plan 2010 – 2014 – Mission vi. Review of the Seychelles Criminal Justice System. Barry

• Galvin. Recommendations, Appendix 2.

vii. www.seylii.org/sc/judgments Supreme Court

• viii. Viral Dhanjee v/s Mr James Michel & others – Sup Court

Judgment dated 17.1.2012