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Archive -Election

Presidential election – SNP’s petitions |03 February 2016

Constitutional Court to listen to preliminary objections on February 9

 Following the preliminary hearing of the election petitions yesterday, the Constitutional Court will on February 9 listen to preliminary objections.

After last December’s presidential election, Seychelles National Party (SNP) presidential candidate Wavel Ramkalawan filed two petitions.

In the first petition he asked the Constitutional Court to rule whether the Parti Lepep candidate James Michel actually received 50% of the votes as required under schedule 3 of the Constitution.

The second election petition asked the Constitutional Court to rule on the numerous allegations of irregularities both on the part of the Electoral Commission and the candidates.

Yesterday, the Court first dealt with the petition considering whether to take into account all votes cast or valid votes cast during the presidential election of December last year.

Seychelles NATION has learned that all responses to the petition have been filed along with objections on merits of the case and points of law. Any preliminary objections and points of law shall be heard on February 9, 2016 at 9am.

The Court then dealt with the second petition concerning allegations of irregularities in the presidential election.

All responses to the petition have been filed and the Attorney General representing the third respondent has also filed preliminary objections to the petition.

The preliminary objections shall be heard on February 9, 2016 at 9am.

Meanwhile, an application has also been filed by the petitioner to strike out the Attorney General as a party to the petition considering the alleged irregularities of the presidential election.

The case shall be mentioned again on February 9, 2016 at 9am to give the respondents the opportunity to respond to the application.

According to a document prepared by the court-appointed special Rapporteur and circulated to all media houses, the Court also brought to the attention of the parties that the consolidation of the petitions was technically incorrect as the legislation that was applied only allows for the consolidation of two election petitions.

With the agreement of all parties the petitions shall now be consolidated under section 106 of the Seychelles Code of Civil Procedure.

The hearing date of the consolidated petitions shall proceed on February 15, 2016 at 9am.

Section 106 of Seychelles Code of Civil Procedure reads: If more than one suit has been entered by the same plaintiff against the same defendant or if more than one suit has been entered by different plaintiffs against the same defendant in respect of claims arising out of the same transaction or series of transactions or if cross suits have been entered between the same parties, and the parties sue and are sued respectively in the same capacities, the court may either of its own motion or on the application of any of the parties order such suits or any of them to be consolidated and tried as one suit, if it appears to the court that they can be conveniently tried or disposed of together, and the court may make such other order as may be necessary or expedient for the purpose of trying such suits together, and may make such order as to costs as may be just.

 

 

 

 

 

 

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