Seychelles Case Law

Ramkalawan v Electoral Commission & Ors (SCA 1 of 2016)

Ramkalawan v Electoral Commission & Ors (SCA 1 of 2016) [2016] SCCA 27 (9 December 2016)

Court

Court of Appeal

Case number

SCA 1 of 2016

For the determination of the over 50% threshold in a Presidential election, only valid votes cast are to be counted, not all ballots that entered the ballot box. The terms 'votes cast' and 'valid votes cast' are synonymous in this context, and the calculation must be based on valid votes as per the law.

Source excerpt

• Interpretation of 'votes cast' and 'valid votes cast'
• Presidential election threshold
• Electoral process
• Judicial review of election results

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Ramkalawan v Electoral Commission & Ors (SCA 1 of 2016)

Ramkalawan v Electoral Commission & Ors (SCA 1 of 2016) [2016] SCCA 28 (9 December 2016)

Court

Court of Appeal

Case number

SCA 1 of 2016

The Court of Appeal dismissed a presidential election appeal, holding that proven irregularities and illegal practices did not warrant annulment or recount.

• Presidential election
• Election petition
• Agency in electoral law
• Burden of proof
• Illegal practices
• Annulment of election

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Linyon Demokratik Seselwa v Gappy & Ors (MA 266/2016)

Linyon Demokratik Seselwa v Gappy & Ors (MA 266/2016) [2016] SCSC 615 (23 August 2016)

Court

Supreme Court

Case number

MA 266/2016

The Supreme Court of Seychelles set aside contempt proceedings against the Electoral Commission members and discharged the respondents after finding the conduct was not shown to be wilful disobedience.

• Rule of law
• Civil contempt
• Criminal contempt
• Supervisory jurisdiction
• Sealing of records
• Contempt-of-court

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Ramkalawan v Electoral Commission & Ors

Ramkalawan v Electoral Commission & Ors (Election Non-compliance and Illegal Practices) (CP 1 of 2016) [2016] SCCC 11 (30 May 2016)

Court

Constitutional Court

Case number

CP 1 of 2016

The Constitutional Court dismissed an election petition challenging the 2015 Seychelles presidential election, finding that irregularities and illegal practices did not prove agency or affect the result.

• Election petition
• Illegal practices
• Non-compliance with electoral act
• Standard of proof
• Agency
• Election-petition

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Ramkalawan v Electoral Commission & Ors (Valid Votes) (CP 7 of 2015)

Ramkalawan v Electoral Commission & Ors (Valid Votes) (CP 7 of 2015) [2016] SCCC 10 (30 May 2016)

Court

Constitutional Court

Case number

CP 7 of 2015

The expressions 'votes' and 'votes cast' in paragraphs 5 and 8 of Schedule 3 of the Constitution mean valid votes cast, not all ballots placed in the ballot box. The certificate of election issued by the Electoral Commission was valid. The Petition was dismissed as there was no merit in the claim that the Second Respondent had not received more than fifty percent of the votes as required by the Constitution.

Source excerpt

• Interpretation of 'votes cast' in presidential elections
• Jurisdiction of constitutional court
• Election petition procedure
• Validity of election results

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