President James Michel resigns, hands presidency to Vice-President Danny Faure |29 September 2016

No need for fresh election

Is there a need for fresh presidential election to allow the people of Seychelles to choose a president to govern the country following a vacancy in the Office of the President?

The answer is no. And this is according to Article 55(1) of the Constitution which states that “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”.

This is irrespective of if the elected President has ruled for two months, one year or another period of his/her five-year term.

Attorney General Rony Govinden said that the Seychelles’ Constitution allows the president to resign at any given time during his mandate.

“There is no time limit when he can do that. He can resign one day after being elected or the last day of his mandate,” said Mr Govinden.

Also the Constitution does not state that the President should give reasons for his resignation.

President Michel sent his letter of resignation to the Speaker of the National Assembly, Patrick Pillay yesterday as stated in the Constitution.

According to Mr Govinden, the president can state if the resignation is with immediate effect or not.

“In this case the president has announced that his vice-president will take over leadership of the country on October 16, so he remains president until that day when he will hand over power to VP Faure,” he explained.

And if as many are saying that the Constitution should be amended to have a new election in case a President resigns, a bill should be passed before the National Assembly and a majority of the members should vote in favour.

Seychelles NATION has also learned that Vice-President Danny Faure can only stand once as Presidential candidate after he becomes President and this is in line with amendment in the Constitution.

This is in line with a constitutional amendment approved in April 2016 that limits the presidential term to two five-year mandates, down from three five-year terms.

Attorney General Govinden said: “Given that the Vice-President will be taking over more than two-thirds of the mandate of the current president, it will be taken to be one term of office. So if the latest amendment to the Constitution is formerly put into operation, he will have only this term and another term subject to a Presidential election.”

He added that “once the Vice-President assumes the Office of President he will have to choose his new Vice-President and Designated Minister. For this to happen and the new Vice-President and Designated Minister to take office, he (the President) will need to have the approval of the National Assembly by majority. So given that the opposition controls the National Assembly, he (the President) will need to have the consent of the opposition for the approval of the new Vice-President and Designated Minister”.

Following Tuesday night’s televised announcement by President James Michel that he will resign on October 16, 2016 and hand over the presidency to Vice-President Danny Faure who will be sworn in on the same day, Linyon Demokratik Seselwa (LDS) yesterday issued a press release in which it says it “rejects the handover of the presidency from James Michel to Danny Faure and calls for a fresh Presidential election to allow the people of Seychelles to choose a President that will have a clear mandate to govern the country”.

Signed by its chairman Roger Mancienne, the LDS has in the release made the following statements in reaction to the decision by Mr James Michel to resign as President with effect October 16, 2016 and to handover the Presidency to Mr Faure.

“1. Mr James Michel has not given clear and valid grounds for his decision to resign and hand over power. In entering the Presidential election of December 2015, he gave the people of Seychelles a clear undertaking to serve a mandate of five years and it was on that basis that he was elected. While the Constitution provides for a handover of power upon the resignation of the President, this can only be reasonable on serious and valid grounds relating to incapacity to perform the duties required. It is not acceptable on the grounds that have been stated, only nine months after he was declared President, of passing responsibility for implementing the party’s programme to a younger team. LDS is questioning the legality of this process.

“2. Mr Michel was declared President in December 2015 after a tightly contested election marred by illegal practices and failures in the electoral process. His mandate to govern the country on the basis of this election was itself uncertain. For his part, Mr Danny Faure has no claim to any such mandate.

“3. In the National Assembly elections held in September 2016, LDS gained an overall majority of the popular votes over the Parti Lepep. For this reason too, Mr Faure cannot claim to have the support of the Seychellois people and therefore has no mandate to govern.

“4. The practice of handing over power is in itself undemocratic and LDS has declared its intention to revise the Constitution to amend it in favour of acceptable democratic procedure. LDS cannot accept its use in a situation where democratic principles are not respected. The character, capability and fitness to govern of Mr Danny Faure must be submitted to the decision of the people of Seychelles

“5. Under the circumstances, it is necessary for the sake of our democracy to hold a new Presidential election in order for a President to be elected with a clear mandate to govern. LDS will use its position in the National Assembly to insist on a fresh Presidential election.

“6. LDS believes it is of paramount importance that the new Presidential election is held promptly but with due regard for it to be organised properly in order for it to be fully credible. In that respect LDS calls for the appointment of a new chairperson for the Electoral Commission and for the electoral regulations and practices to be reviewed in the light of the National Assembly election.

“7. LDS reiterates its firm commitment to the democratic process and the proper functioning of all institutions of the state and the government. It confirms its commitment to peace, stability and orderly elections in our country.”