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
James Low-Kion Low Hang v Tahilamai Karipagam Senthil Kumar (CS 100 of 2017) [2022] SCSC 346 (7 April 2022)
Court
Supreme Court
Case number
CS 100 of 2017
The Supreme Court of Seychelles found a neighbour had unlawfully encroached on land, installed a locked gate, and deprived the owner’s use and enjoyment, awarding SCR 500,000.
Talma v Camille (CS 122/2020) [2021] SCSC 906 (31 May 2021)
Court
Supreme Court
Case number
CS 122/2020
The Supreme Court of Seychelles refused to refer a co-ownership retrocession dispute to the Constitutional Court, holding the right was not a real property right.
Valentin v Planning Authority & Ors (SCA CL 3 of 2020) [2021] SCCA 5 (30 April 2021)
Court
Court of Appeal
Case number
SCA CL 3 of 2020
The Court of Appeal dismissed a constitutional appeal over a stop notice and electricity-line relocation, finding the petition out of time and no prima facie breach.
Jumeau v Government of Seychelles & Anor (CP 01/2019; CP 08/2018) [2021] SCCC 1 (13 April 2021)
Court
Constitutional Court
Case number
CP 01/2019 ; CP 08/2018
The Government failed to negotiate in good faith and did not promptly, fairly, or fully compensate the petitioner for the compulsory acquisition of his land parcels. The only compensation provided was the transfer of parcel V5093, which was inadequate compared to the independently assessed market value of the acquired parcels. The Government's delay and lack of full compensation constituted a breach of constitutional obligations under Part III of Schedule 7. Full monetary compensation at current market value, less amounts already received, was ordered.
Assemblies of God v Attorney General (CP 6 of 2019) [2020] SCCC 975 (22 December 2020)
Court
Constitutional Court
Case number
CP 6 of 2019
The petition was not a nullity due to the late filing of the affidavit, as this was an irregularity that was remedied. The petition was not time-barred because the alleged contravention was continuing. However, the Petitioner had not exhausted alternative remedies, specifically the remedy of mandamus to compel finalization of the appeal, so the matter was transferred to the Supreme Court for judicial review.
Payet v Talma & Another (CS 92/2017) [2020] SCSC 580 (5 August 2020)
Court
Supreme Court
Case number
CS 92/2017
The court found that the constitutional question of whether Article 834 of the Civil Code contravenes Article 26 of the Constitution is not frivolous or vexatious and has not been previously determined by the Constitutional Court, thus it must be referred for determination under Article 130(6) of the Constitution.
Adeline v Talma (CS 79/2018) [2020] SCSC 513 (9 June 2020)
Court
Supreme Court
Case number
CS 79/2018
The Supreme Court of Seychelles refused a constitutional referral, holding the defendant’s property-right challenge was frivolous in this contract dispute.
Verbene Development Company Ltd v Government of Seychelles & Ors (CP 5 of 2019) [2020] SCCC 557 (2 June 2020)
Court
Constitutional Court
Case number
CP 5 of 2019
The Petitioner failed to make an application within the prescribed twelve-month period under Part III of Schedule 7 of the Constitution; therefore, the 1st Respondent was under no constitutional obligation to consider the application or negotiate. The claim that the right remains operative until fully settled is a misinterpretation of the Constitution. Consequently, the transfer of parcel PR190 to the 2nd Respondent was not in bad faith or in violation of constitutional rights.