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Seychelles decisions
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The Constitutional Court of Seychelles upheld seizure and detention orders made under section 26 of the Prevention of Terrorism Act and dismissed the petition.
TL v R (SCA CR 12/2025 (Arising in [2022] SCSC CR 21/2022) [2025] SCCA 29 (15 December 2025)
The Court of Appeal of Seychelles allowed a criminal appeal, quashing a 28-year sexual assault conviction and sentence because the charge was incurably vague and the trial was unfair.
Bar Association of Seychelles v The Honourable Chief Justice Supreme Court and Others ([2025] (15 December 2025) SCA 20/2025 (Arising in MA 09/2025)) [2025] SCCA 25 (15 December 2025)
The Supreme Court's power to admit attorneys-at-law is a judicial function, not an administrative one. The Supreme Court's supervisory jurisdiction under Article 125(1)(c) of the Constitution does not extend to reviewing its own judicial decisions, including those of the Chief Justice admitting attorneys. The absence of an appeal right under the Legal Practitioners Act does not create jurisdiction for judicial review. The Bar Association lacks standing to challenge individual admissions by judicial review. The appeal is dismissed for want of jurisdiction.
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Estate of the Late Dr. Hilda Stevenson Delhomme v The Government of Seychelles and Another ((SCA CL 02/2025) [2025] (Arising in CP 03/2024)) [2025] SCCA 35 (15 December 2025)
The Court of Appeal dismissed an estate’s appeal over compulsory acquisition claims, holding the petition time-barred and barred by prolonged unexplained delay.
Fanchette v The Attorney General (SCA14/2025 (Arising from CS 84/ 2022)) [2025] SCCA 28 (15 December 2025)
The Court of Appeal held that Mr Fanchette’s salary reduction was unlawful because the Special Constable office had not been lawfully abolished.
Gonzalves v Seychelles Investment Board ([2025] (15 December 2025) SCA 25/2025 (Arising in MA 155/2025 and MC 63/2025)) [2025] SCCA 22 (15 December 2025)
The Court of Appeal has no jurisdiction to entertain an appeal as of right against the refusal of leave to proceed with judicial review; Rule 8 of the Rules 1995 requires leave of the Supreme Court before such an appeal can be filed. The Appellant did not comply with this requirement, and there was no reviewable decision exhibited. The learned Judge was correct in refusing leave to proceed with judicial review.
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Valabhji v The Republic & Ors (CP 12 of 2022) [2025] SCCC 8 (30 September 2025)
The Constitutional Court dismissed a request for further and better particulars, holding it was time-barred and unnecessary at the stage of the petition.
The Bar Association of Seychelles v The Honourable Chief Justice and Others ((SCA MA 06/2025) [2025] (MA 14/2025 Arising in MC 35/2024) (18 August 2025)) [2025] SCCA 17 (18 August 2025)
The Court of Appeal dismissed an application for special leave, holding that special leave was not required under the 1995 judicial review rules and that it lacked jurisdiction.
Parekh v Attorney General ((SCA CL 01/2025) [2025] (Arising in CP 07/2023)(18 August 2025)) [2025] SCCA 13 (18 August 2025)
The application for recusal is refused because the appellant failed to establish any reasonable apprehension of bias; prior judicial involvement in the appellant's criminal appeal does not, without more, amount to apparent bias. The appeal against the Constitutional Court's judgment is dismissed as time-barred under Rule 18 of the Court of Appeal Rules. The Constitutional Court was not the proper forum to challenge a Court of Appeal judgment, and the application constituted an abuse of process. The appellant is bound by the acts of his counsel, and no contravention of Article 19(2)(h) was est…
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Valabhji & Anor v Republic & Anor (MA 119 of 2025 (Arising in CP 05 of 2025)) [2025] SCCC 7 (1 August 2025)
The Constitutional Court lacks jurisdiction to grant a stay of proceedings in the absence of a referral from the trial court under Article 46(7) of the Constitution. The Applicants' remedy lies in appeal, not in a fresh constitutional petition. No legal or factual basis exists for the stay, and the application constitutes an abuse of process.
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