Faure v Prea & Anor (CP 8 of 2019) [2019] SCCC 8 (16 September 2019)

Faure v Prea & Anor (CP 8 of 2019) [2019] SCCC 8 (16 September 2019)

The Speaker of the National Assembly is properly sued as representative of the Assembly; the Petition complies with procedural requirements; filing both judicial review and constitutional petition is not abuse of process as no redress has been obtained; the supporting affidavit is valid as the deponent had personal knowledge and authority; all preliminary objections are dismissed.

Citation
[2019] SCCC 8
Parties
Petitioner: President Danny Faure; 1st Respondent: Mr Nicholas Prea; 2nd Respondent: Attorney General
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
16 September 2019
Case Number
CP 8 of 2019
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed
Legal Topics
Separation of Powers, Judicial Review, Standing, Affidavit Requirements, Abuse of Process
Source Language
English
Constitutional Law Administrative Law Separation of Powers Judicial Review Standing Affidavit Requirements Abuse of Process

Case Brief

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Parties

President Danny Faure

Petitioner

Mr Nicholas Prea

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether the Speaker of the National Assembly is properly sued as representative of the Assembly
  2. 2 Whether the Petition complies with Rule 5(2) of the Constitutional Court Rules
  3. 3 Whether filing both a judicial review and a constitutional petition amounts to abuse of process

Ratio Decidendi

The Speaker of the National Assembly is properly sued as representative of the Assembly; the Petition complies with procedural requirements; filing both judicial review and constitutional petition is not abuse of process as no redress has been obtained; the supporting affidavit is valid as the deponent had personal knowledge and authority; all preliminary objections are dismissed.

Court Disposition

Preliminary objections dismissed

Orders

  • 1st Respondent to file defence on the merits