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Seychelles decisions
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United Seychelles v Republic & Ors (CP 10 of 2022) [2023] SCCC 11 (5 December 2023)
The Constitutional Court of Seychelles held that United Seychelles filed its petition out of time and had not sought leave to file late, so the petition was dismissed.
Desire Rouillon & Ors v Seychelles Port Authority (CA 18 of 2021) [2023] SCSC 639 (23 August 2023)
Signing a petition to remove the CEO without exhausting internal grievance procedures by a senior employee reflects seriously on loyalty and causes serious prejudice to the employer’s undertaking, justifying summary dismissal under Schedule 2, Part II (K) of the Employment Act. Coercion of subordinates to sign such a petition, even absent physical threats, constitutes a disciplinary offence. The right to legal representation at disciplinary hearings is limited to a colleague or union representative, not a lawyer. The Tribunal’s findings of fact and credibility are not to be disturbed absent c…
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Yunas Nourrice v Seychelles Port Authority (579) [2023] SCSC 579 (28 July 2023)
The Supreme Court dismissed an employment appeal, holding that signing a petition to remove a CEO without using internal grievance procedures was a disciplinary offence.
Afif v Savy (SCA 56 of 2019) [2022] SCCA 16 (29 April 2022)
Court of Appeal of Seychelles dismissed a defamation appeal, holding the appellant failed to justify imputations tied to the respondent's image and slides.
El Masry v Pierre & Ors (CS 64 of 2019) [2022] SCSC 168 (25 February 2022)
The Supreme Court of Seychelles dismissed a claim that a newspaper article amounted to a faute. It found no intent to wound religious feelings and no proof of trespass.
Herminie v Dugasse (CS 107/2019) [2020] SCSC 583 (8 August 2020)
The Supreme Court of Seychelles held that a Facebook post defamed Patrick Herminie, awarded SR50,000 in damages, and granted an injunction.
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…
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Bastienne v Ernesta & Anor (CS 108/2016) [2018] SCSC 8215 (10 July 2018)
The Supreme Court of Seychelles found a newspaper article defamatory of Minister Charles Bastienne and awarded SCR 600,000 in damages against the editor and printer.
Ramkalawan v Parti Lepep (formerly The Seychelles Peoples Progressive Front) & Anor. (CS 458/2006) [2017] SCSC 868 (29 May 2017)
The Defendants published statements imputing violence, sabotage, and criminality to the Plaintiff without adducing evidence of truth or fair comment. The statements were defamatory, and the defences of fair comment and qualified privilege were not established. The Plaintiff’s high standing warranted damages, but the award was set at SR 100,000, reflecting comparative case law and the context of publication.
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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.
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