Tribunal to start hearing evidence against CJ Twomey today |05 June 2018

The tribunal set up by the Constitutional Appointments Authority to inquire into certain complaints that the authority believes raised issues of misbehaviour on the part of Chief Justice, Dr Mathilda Twomey, will today (Tuesday) start hearing evidence.

This will be at the National House (ex-National Assembly Hall) at 10am.

It was on May 11, 2018 that the Constitutional Appointments Authority (CAA) issued a press release signed by its chairman Michel Felix informing the media that the CAA had on the same day informed the Chief Justice, Dr Mathilda Twomey, that a tribunal has been appointed to inquire into certain complaints that the authority believes raised issues of misbehaviour.

The release added that “the authority was satisfied that a prima facie case of misbehaviour had been found and that the issues should be further inquired into by a tribunal appointed pursuant to Article 134 of the Constitution”.

Article 134 of the Seychelles Constitution stipulates that a justice of appeal or judge may be removed from office only for inability to perform the functions of the office, whether arising from infirmity of body or mind, or from any other cause and for misbehaviour.

The press release added that President Danny Faure had been equally informed of the CAA’s decision to appoint the tribunal which is composed of Judge Michael Adams QC as the president, Judge John Raymond Murphy and Judge Olufunmilayo Atilade as members.

Mrs Twomey was appointed Chief Justice of the Seychelles Supreme Court on August 7, 2015, becoming the first Seychellois woman to be appointed to the post.

Even before CAA had informed CJ Twomey of the setting up of the tribunal, three Commonwealth associations -- the Commonwealth Lawyers Association, the Commonwealth Legal Education Association and the Commonwealth Magistrates’ and Judges’ Association -- had expressed their concerns about the decision taken by the authority in a press statement.

The three Commonwealth associations stated that the existence of an independent and impartial judiciary is one of the cardinal features of any country governed by the rule of law.

“By virtue of its membership of the Commonwealth, the Seychelles is committed to the shared fundamental values and principles of the Commonwealth, at the core of which is a shared belief in, and adherence to, democratic principles including an independent and impartial judiciary,” they said. 

They urge the Seychelles government “to ensure that the Constitutional requirements regarding the composition of the Constitutional Appointments Authority are respected and that any Tribunal of Inquiry in relation to the Chief Justice is constituted strictly in accordance with the Constitution so as to ensure its independence and integrity”.