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Judiciary hosts symposium, exhibition to celebrate Constitution Day |21 June 2017

‘Cohabitation through the Constitution’ was the theme of a symposium the judiciary organised on Saturday afternoon at the Palais de Justice to celebrate the Third Constitution Day on June 18.

Since the last presidential elections won by Parti Lepep (PL) in 2015 and the legislative elections won by Linyon Demokratik Seselwa (LDS) in 2016, Seychelles is being led through a cohabitation style of governance. This was seen as a fitting topic for the Court of Appeal to hold its fifth symposium on the theme ‘Cohabitation through the Constitution’.

The symposium was more of a catalyst to promote reflection on the significance and importance of the Constitution in our everyday life especially at a time when our country is being governed by a president from a minority party and an opposition-controlled National Assembly with the judiciary acting as referee.

Designated Minister Macsuzy Mondon, President of the Court of Appeal Francis MacGregor, Chief Justice Mathilda Twomey, ministers, leader of the Opposition in the National Assembly Wavel Ramkalawan, other National Assembly members, diplomats, judges of the Supreme Court and the Court of Appeal among other distinguished guests attended the symposium.

Female judge Fiona Robinson, young lawyer Edith Wong, Assembly members Bernard Georges and Sebastien Pillay were the four presenters and they spoke about different aspects of cohabitation and the Constitution. These were followed by discussions and debate.

In remarks to officially open the symposium, the President of the Court of Appeal Francis Macgregor said much has happened in Seychelles as well as relating to the Constitution since the last Constitution Day last year, with the presidency power base coming from one camp and the majority in the National Assembly coming from another.

He noted that major concerns were on how the cohabitation was going to work or be structured and made operational with regard to the rules and principles as this has never happened before.

“These happenings could be described as changes ‒ some substantial, some gradual. Certain transitions and transformations need understanding and/or adjusting to them,” he said, noting that we have to look at the Constitution to see if it provides for the changes or in any other way it can to make easier its function.

Speaking on the ‘Role of the judiciary in cohabitation governance’, Justice Robinson concluded in her presentation that she is more in favour of using the term constitutional governance and that she values the role of the judiciary in upholding the law to ensure nobody is above it.

Lawyer Edith Wong’s presentation focused on ‘Political cohabitation under the 1993 Constitution’. She explained that the constitutional document adopted for the first time then provides the people of Seychelles with clear boundaries for the separation of powers between the three branches of government.

This was further highlighted by lawyer and National Assembly member Bernard Georges in his presentation on ‘Cohabitation in the perspective of the National Assembly’.

Mr Georges, LDS’ elected member for Les Mamelles, said he believes the actual Constitution is a good one for the future of Seychelles and that the idea of cohabitation was actually born in the 1993 Constitution and it is now after 23 years that we are living it.

As for Parti Lepep’s proportionate member Sebastien Pillay, he spoke about the provisions in the Constitution in regards to cohabitation which he said has to make way for future generation as people nowadays are more politically aware of what is happening and they might decide one day not to follow party line by choosing what is best for them independently.

The coordinator of the symposium, senior counsel Nichol Gabriel, said the general consensus among those who took part was that cohabitation is working in Seychelles with no crisis whatsoever up to now, nine months after the 2016 September legislative election.

Following the discussions guests were able to view and appreciate the process to draft the Constitution through a series of photos exhibited in the lobby of the Palais de Justice.

This was the fifth constitutional symposium after the first organised in 2013.

 

 

 

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