Public educated on the significance of the organs, national symbols of the State |15 June 2018

Celebrations for the Silver Jubilee of the Constitution continued on Wednesday afternoon with presentations on the significance of the organs and national symbols of the State since becoming a Third Republic in 1993.

The public session took place at the International Conference Centre (ICCS) where a host of presenters gave explanations on the functions of their respective independent constitutional institutions and on the national anthem. This was part of activities by the National Celebrations Committee to educate members of the public on the Constitution, focusing on the importance of everyone’s civic duty to preserve, protect and defend it as it guarantees our rights and freedom as well as the sacred values that it upholds.

The audience was presented with an insight on the functions and challenges of the Electoral Commission by Marie-Thérèse Purvis, the Constitutional Appointment Authority (CAA) by Michel Felix, the Ombudsman by Nicole Tirant-Ghérardi, the role of the Attorney General (AG) by David Esparon and how the national anthem came about by David André and Georges Payet.

The Electoral Commission is responsible to provide the people of Seychelles with a fair, transparent and independent electoral service. It was constituted in July 2011 under the Constitution and has five members including a full-time chairman. Its mandate is seven years and all members are appointed by the President of the Republic out of seven candidates proposed by the Constructional Appointment Authority (CAA).

The commission is responsible for the conduct and supervision of the registration of voters and to organise elections and referendums. It also keeps under continuous review, the number and boundaries of electoral areas of Seychelles.

Mrs Purvis explained that members may leave their posts only through resignation and cannot be sacked. She noted that an amendment has been proposed to separate the role of the chairperson of the commission and that of the head of the election secretariat as both hats were worn by the chairperson in the past of which certain decisions did not work out with the same person playing two roles.

“The goal of the commission is to promote democracy where people freely have representatives to make decisions on their behalf,” she said.

Established in 1993, the CAA is a body that proposes candidates for various public offices created by the Constitution to be approved by the President. Among the five-member representation, two are appointed by the President, two by the leader of the opposition and the four of them appoint a chairman.

They are contracted for seven years. Its chairman, Michel Felix said anybody can apply for vacant posts in all constitutional institutions advertised in newspapers and website as candidates are chosen on merit.

Mr Felix added that the CAA also deals with complains against constitutional appointees and considers their removal in case of inability to perform the functions or misbehaviour and such matters are dealt with through a tribunal who conducts investigations. He noted that there have been significant constitutional appointees over the past 25 years with appointments of the Auditor General, Attorney General, the Advisory Committee for the Power of Pardon, the Ombudsman, Justices of Appeal, Supreme Court judges, Master of the Supreme Court, Election Commissioners and members of the Anti-Corruption Commission.

“People should understand that CAA does not appoint people in positions but we nominate people to be appointed in positions,” he said. 

An Ombudsman is an official who is charged with representing the interests of the public by investigating and addressing complaints of mis-administration or a violation of rights in the public service in Seychelles. The public advocate is usually appointed by the President but with a significant degree of independence. 

An Ombudsman intervenes following complaints received or alerted on places where practices and patterns of conduct of a public authority in exercise of the administrative functions of the authority appear to result of injustices or harsh, oppressive or unfair administrative decisions including violation of fundamental rights and liberties.

As a watchdog of public administration, its chairperson Tirant-Ghérardi said on her own initiative, she may investigate an action by the president, vice-president or an officer or member taken in the exercise of the administrative functions of the public authority.

“I would like to see more focus on complaints that identify systemic mis-administration such as the terrible human resources management, across the board, among others, which we can make better recommendations to improve on,” she said.  

The Attorney General, also known as AG, is the legal advisor to government. State Counsel David Esparon explained that the Constitution provides that the AG shall be the principal legal advisor to the government and shall have the power in any case to institute and undertake criminal proceedings, to take over and continue any such proceedings or to discontinue at any stage before judgment is given in any criminal proceedings.

“The Constitution provides for the independence of the Attorney General not to be subjected to the direction and control of any person in authority,” he added, noting that the AG has the right to forward his opinion but should not take a partisan stand in cases.   

The national anthem Koste Seselwa was the last to be presented on Wednesday and musician/song writer David André, who is also the Mayor of Victoria, said the national anthem was a result of a joint contribution of submission by himself, his colleague musician/song writer Georges Payet and another artist, Antoine Azemia during a competition held in 1993 for the formation of the Third Republic. The anthem was first recorded in analog in France and was released in 1996.

Mr André gave an explanation on the text and said the melody sounds fit for everybody to sing. “The lyrics of the anthem ask us to unite, to stay united and to preserve the beauty of our land, bio-diversity and ocean,” said Mr André.

Mr Payet said that writing the anthem was a big challenge with lots of pressure as they were onto something that was going to stay for life but was happy with the outcome as everything with the song had come from the heart and he is very proud of it.

Up to now there are different versions of the national anthem played with orchestral string instruments, concert bands, among others and recently a version has been recorded by a Slovak symphony orchestra of which Mr André said he has a version.

After an interaction with the panel, moderator Ambassador Bernard Shamlaye voiced his dissatisfaction on the attendance, especially the absence of young people but was happy with the discussions.