Durup & Ors v Brassel & Anor (5 of 2012) [2013] SCCC 6 (28 May 2013)

THE REPUBLIC OF SEYCHELLES

IN THE CONSTITUTIONAL COURT OF SEYCHELLES [Before: Egonda-Ntende, CJ., Burhan and Robinson, JJ] CONSTITUTIONAL CASE NO. 05 OF 2011 [Arising from Supreme Court Civil Suit No. 113 of 2011] Achilla Durup==============================================1st Plaintiff Josette Oshen==============================================2nd Plaintiff Marie Luce Georges=========================================3rd Plaintiff Hubert Savy===============================================4th Plaintiff Versus Josepha Brassel=============================================1st Defendant James Savy================================================2nd Defendant ON REFERENCE MADE UNDER ARTICLE 46 (7) OF THE CONSTITUTION OF THE

REPUBLIC OF SEYCHELLES Heard: 26th March 2013 Counsel: Basil Hoareau for the Plaintiffs Pesi Pardiwalla for Defendant No.1 Alexandra Madeleine, Assistant Principal State Counsel, for the Attorney General Delivered: 28th May 2013 Egonda-Ntende, CJ [1] I have had the opportunity to read in draft the Judgment of my sister, Robinson, J. I agree that the impugned provision, article 913 of the Civil Code of Seychelles is not unconstitutional for the reasons set out in her judgment. [2] I wish to add that the changes that Mr Pesi Pardiwalla pressed upon this court with regard to the law of succession should be best considered in the current exercise of revision of the Civil Code of Seychelles and be placed before the legislature for a decision. In my view it is more aptly within the province of the legislature than that of constitutional adjudication. Signed, dated and delivered at Victoria this 28th day of May 2013 FMS Egonda-Ntende Chief Justice