Legal practitioners discuss construction contract laws |08 November 2013

Members of the legal profession including judges and lawyers, judiciary staff as well as law students are meeting at the Palais de Justice on Ile du Port to discuss construction contract law and conflict resolution.

The two-day seminar which started yesterday is been organised by the Bar Association of Seychelles in partnership with the judiciary.

Opening the seminar, Supreme Court Chief Justice Fredrick Egonda-Ntende remarked that it was the first continuing education event organised by the bar during his tenure and wished that the initiative would be “a great step, and only the first in a long line of activities which will follow.”

He insisted that when justice is not rightly delivered, harm is done in public confidence and in the justice system.

“The efficient operations of the courts rely on a competent and skilful bar,” the Chief Justice said.

As for the chairperson of the Seychelles’ Bar Association, lawyer Anthony Derjacques, he described the seminar as a collaboration between the bar and the bench which replies to the judiciary’s vision “to be a centre of judicial excellence, independent and inspiring public confidence.”

Mr Derjacques highlighted that in spite of the complexity of our mixed jurisdiction which finds its origin in the diverse sources of law, most of our lawyers and judges are trained only in Common Law, resulting in a unique approach of interpreting law and delivering justice.

“Most of our lawyers and judges are trained at the Common Law. Such has given rise to a unique approach of interpreting law, and in adjudicating when implementing basically French law, our Civil Code, Common Law, Penal Code, and various provisions and laws, the Evidence Act, the Companies Act, and own statutes. […] With the frequency of changes in judicial appointments the issues are further mixed, in here, our jurisdiction. Each non-Seychellois judge brings a wealth of knowledge and experience from four corners or the world. Each has to adapt, be a pupil as well as a teacher. Be a judge, both learning and imparting law and justice,” Mr Derjacques said.

The seminar is being led by a French lawyer, Dr Philippe Leboulanger. In an introductory presentation, Dr Leboulanger insisted that as the Courts rely on translated versions of the Civil Code which is not enough for judges and arbitrators to base their decisions on, and as at the same time the Seychelles legal system has a Common Law approach, it is necessary to mix the Civil Law system with that of the Common Law.

He added that as the method of proving both laws and the solutions to be applied are similar, there should be no difference in their interpretation by Civil or Common Law lawyers.

During the two days, Dr Leboulanger will also be lecturing on other topics such as types, performance and termination of construction contracts, builders’ liabilities and insurance obligations as well as dispute avoidance and resolution.