AG v Constance (MC 2 of 2024) [2024] SCSC 186 (6 June 2024)

AG v Constance (MC 2 of 2024) [2024] SCSC 186 (6 June 2024)

The Attorney General may delegate representation in civil litigation to a private advocate, but such delegation must be properly executed in form and substance. In this case, the mandate given to Mr Guy Ferely was defective in form but curable; the defect does not nullify the suit but requires rectification by filing a proper written mandate within 14 days.

Citation
[2024] SCSC 186
Parties
Petitioner: The Attorney General; Respondent: Louisel Constance
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
6 June 2024
Case Number
MC 2 of 2024
Procedural Posture
Civil / Ruling on Preliminary Objection (plea in Limine Litis)
Outcome
plea in limine litis upheld partly
Legal Topics
Delegation of Authority, Representation of Government in Civil Suits, Mandate of Attorney General
Source Language
English
Civil Procedure Constitutional Law Administrative Law Delegation of Authority Representation of Government in Civil Suits Mandate of Attorney General

Case Brief

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Parties

The Attorney General

Petitioner

Louisel Constance

Respondent

Procedural Posture

Civil / Ruling on Preliminary Objection (plea in Limine Litis)

Legal Issues

  1. 1 Whether the Attorney General can delegate authority to a private advocate to represent the government in civil litigation
  2. 2 Whether the mandate given to Mr Guy Ferely to represent the Attorney General is valid in law

Ratio Decidendi

The Attorney General may delegate representation in civil litigation to a private advocate, but such delegation must be properly executed in form and substance. In this case, the mandate given to Mr Guy Ferely was defective in form but curable; the defect does not nullify the suit but requires rectification by filing a proper written mandate within 14 days.

Court Disposition

plea in limine litis upheld partly

Orders

  • Counsel for the petitioner to file a proper written mandate within 14 days of the ruling; failure to do so will result in the case being stayed for abuse of process.