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Seychelles Case Law

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Constitutional law

Mukesh Valabhji & Ors v The Commissioner of Police & Ors

The Constitutional Court of Seychelles upheld seizure and detention orders made under section 26 of the Prevention of Terrorism Act and dismissed the petition.

  • Right to property
  • Right to innocence
  • Lawfulness of seizure and detention of property
  • Constitutional validity of section 26 of the prevention of terrorism act
  • Proportionality and permissible limitations
  • Right-to-property
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Criminal procedure [2024] SCSC 167

Elizabeth v Barbe (MC 57 of 2024)

Elizabeth v Barbe (MC 57 of 2024) [2024] SCSC 167 (11 September 2024)

The application is dismissed because the affidavit in support is defective, being sworn by counsel without sufficient explanation or due diligence, and because the Commissioner of Police is not detaining the applicants nor has authority to deport them. The Supreme Court is not the proper forum given pending appeals.

  • Habeas corpus
  • Unlawful detention
  • Deportation
  • Standing to apply
  • Affidavit requirements
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Criminal law [2023] SCSC 7

R v Valabhji & Ors (CO 4 of 2022)

R v Valabhji & Ors (CO 4 of 2022) [2023] SCSC 7 (13 January 2023)

The application for bail is dismissed because the applicant's pre-trial detention of just over one year is not unreasonable given the complexity of the case, the absence of prosecutorial delay, and the existence of substantial grounds that the applicant may abscond, interfere with justice, or commit further offences if released.

  • Bail
  • Pre-trial detention
  • Right to liberty
  • Reasonable time for trial
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Criminal law [2021] SCSC 845

R v Labrosse (CO 62/2018)

R v Labrosse (CO 62/2018) [2021] SCSC 845 (4 February 2021)

The Supreme Court of Seychelles convicted Israel Labrosse of trafficking in persons, finding recruitment by deception, harbouring, and exploitation of migrant workers.

  • Trafficking in persons
  • Forced labour
  • Exploitation of migrant workers
  • Employment law
  • Deception and misrepresentation
  • Trafficking-in-persons
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Constitutional law [2020] SCCC 398

Adrienne & Anor v Attorney General (CP 14 of 2019)

Adrienne & Anor v Attorney General (CP 14 of 2019) [2020] SCCC 398 (7 July 2020)

The Constitutional Court of Seychelles upheld 20-year drug sentences, finding no breach of constitutional rights, no mandatory sentencing regime under MODA 2016, and no violation of children’s rights.

  • Sentencing
  • Mandatory minimum sentences
  • Proportionality
  • Children's rights
  • Equal protection
  • Cruel and degrading treatment
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Constitutional law [2019] SCCC 7

Forte & Or v Attorney General (CP 4 of 2019)

Forte & Or v Attorney General (CP 4 of 2019) [2019] SCCC 7 (12 August 2019)

The Constitutional Court dismissed the petition on the grounds that the petitioners had not demonstrated any actual or likely contravention of their constitutional rights, and that adequate appellate remedies were available and already invoked. The issues raised were appellate in nature and not for constitutional determination at this stage.

  • Right to fair trial
  • Right to equal protection
  • Remission of sentence
  • Jurisdiction of constitutional court
  • Appellate procedure
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Civil procedure [2019] SCSC 1216

Balouchzehi v Seychelles Police & others (CS57/2019)

Balouchzehi v Seychelles Police & others (CS57/2019) [2019] SCSC 1216 (2 June 2019)

The Supreme Court of Seychelles held that the plaintiff had standing to seek repatriation of a deceased crew member’s body and ordered the defendants to bear the costs.

  • Locus standi
  • Repatriation of remains
  • State liability
  • Custodial death
  • Locus-standi
  • Repatriation-of-remains
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Constitutional law [2018] SCCC 16

Amesbury v Faure & Ors (CP 6 of 2018)

Amesbury v Faure & Ors (CP 6 of 2018) [2018] SCCC 16 (12 November 2018)

Section 6(2)(a) of the Seychelles Human Rights Commission Act, which excludes current office bearers and employees of political parties from appointment to the Commission, is a reasonable and constitutionally permissible classification to safeguard the independence and impartiality of the Commission. However, section 6(2)(b), which imposes a one-year cooling off period after ceasing political office or employment, is arbitrary, lacks rational justification, and constitutes an unjustifiable limitation on the right to equal protection of the law under Article 27. Therefore, section 6(2)(b) is u…

  • Equality before the law
  • Freedom of association
  • Freedom of expression
  • Discrimination
  • Appointment to public office
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Civil status [2017] SCCA 23

Mervin Jezabel Barbe v Chief officer of Civil Status (SCA 8 of 2015)

Mervin Jezabel Barbe v Chief officer of Civil Status (SCA 8 of 2015) [2017] SCCA 23 (10 August 2017)

The court held that the Civil Status Act does not provide for rectification or amendment of the gender entry in the birth certificate unless there was an error at the time of birth or registration. Since the appellant's gender at birth was correctly recorded, there was no error to rectify. The absence of statutory provision or administrative guidelines in Seychelles law precludes the recognition of gender change in civil status records. The appeal was therefore dismissed.

  • Gender recognition
  • Rectification of civil status records
  • Interpretation of statutes
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Constitutional law [2015] SCCC 2

Seychelles National Party & Ors v Government of Seychelles & Anor; Dhanjee v Michel & Anor (CS 3 of 2014)

Seychelles National Party & Ors v Government of Seychelles & Anor; Dhanjee v Michel & Anor (CS 3 of 2014) [2015] SCCC 2 (6 July 2015)

Numerous provisions of the Public Order Act, 2013 were found unconstitutional because they imposed restrictions on fundamental rights that were broader than strictly necessary in a democratic society, lacked sufficient safeguards, or granted excessive discretionary power to executive authorities, thereby violating the Constitution's supremacy, proportionality, and separation of powers requirements.

  • Freedom of expression
  • Freedom of assembly
  • Freedom of association
  • Separation of powers
  • Judicial review
  • Public order
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Seychelles decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.