Faure v Prea & Anor (CP 8 of 2019) [2019] SCCC 11 (28 November 2019)

Faure v Prea & Anor (CP 8 of 2019) [2019] SCCC 11 (28 November 2019)

The National Assembly acted within its constitutionally vested legislative powers under Articles 85, 86, and 89 of the Constitution and section 64 of the IGPA when it annulled SI 18 of 2019. The annulment did not contravene the President's executive authority, the doctrine of separation of powers, or Article 35(d) of the Constitution. The Petitioner's powers to make subsidiary legislation are subject to legislative oversight, and the National Assembly's actions were lawful and constitutional.

Citation
[2019] SCCC 11
Parties
Petitioner: President Danny Faure; 1st Respondent: Nicholas Prea; 2nd Respondent: Attorney General
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
28 November 2019
Case Number
CP 8 of 2019
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed
Legal Topics
Separation of Powers, Delegated Legislation, Legislative Oversight, Ultra Vires, Doctrine of Separation of Powers
Source Language
English
Constitutional Law Administrative Law Separation of Powers Delegated Legislation Legislative Oversight Ultra Vires Doctrine of Separation of Powers

Case Brief

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Parties

President Danny Faure

Petitioner

Nicholas Prea

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the National Assembly acted ultra vires in annulling SI 18 of 2019
  2. 2 Whether the annulment contravened Article 66(1) and (3A) of the Constitution
  3. 3 Whether the annulment breached the doctrine of separation of powers

Ratio Decidendi

The National Assembly acted within its constitutionally vested legislative powers under Articles 85, 86, and 89 of the Constitution and section 64 of the IGPA when it annulled SI 18 of 2019. The annulment did not contravene the President's executive authority, the doctrine of separation of powers, or Article 35(d) of the Constitution. The Petitioner's powers to make subsidiary legislation are subject to legislative oversight, and the National Assembly's actions were lawful and constitutional.

Court Disposition

Petition dismissed