81

Article 81 1. A person ceases to be a member of the National Assembly and the seat occupied by that person in the of seats Assembly shall become vacant a. on the dissolution of the Assembly; b. if the person by notice in writing to the Speaker resigns; c. if the person ceases to be a citizen of Seychelles; d. if the person is absent without the permission, which shall not be unreasonably withheld, in writing of the Speaker - i. from Seychelles for a continuous period in excess of thirty days; or ii. during a session of the Assembly, for a continuous period in excess of ninety days during which time the Assembly has been summoned to meet and continues to meet; e. if any circumstances arise which, if the person were not a member, would, pursuant to Article 80, cause that person to be disqualified for election as a member; f. subject to clause (2), if the person becomes party to a contract with the Government for or on account of any public service or if any firm in which the person is a partner or any company of which the person is a director or manager or in which the person has a controlling interest becomes a party to any such contract or if the person becomes a partner in a firm or a director or manager or the-holder of a controlling interest in a company which is a party to such contract; g. if the person is elected President or appointed, a Minister; h. if, in the case of a proportionately elected member, the person ceases to be a member of the political party of which that person was a member at the time of election; i. if, in the case of a directly elected member who was nominated for election by a political party, the person notifies the Speaker in writing that he has ceased to be a member that political party; or j. if, in the case of a person who was directly elected as an independent member, the person notifies the Speaker in writing that he is a member of a political party. 2. Where clause (1)(f) applies, if in the circumstances it appears to the National Assembly to be just to do so, the Assembly may except the member from vacating the seat, if the member, before becoming a party to the contract or before or as soon as is practic4Lble after becoming interested in the contract as provided In clause (1) (f), has disclosed in writing to the Speaker the nature of the contract and the interest, or the interest in the firm or company referred to in clause (1)(f), of the member. 3. A political party of which a proportionately elected member was a member at the time of election shall notify the Speaker in writing on the person ceasing to be a member of the party. 4. Subject to this Article and Article 82, where a person who is a proportionately elected member of the National Assembly ceases to be so, the political party of which the person was a member of the time of election may, by notice In writing to the Speaker, replace the person who has ceased to be a member by another person. 5. Where the seat of a directly elected member of the National Assembly becomes vacant under this Article, the Speaker shall, as soon as is practicable within seven days after the vacancy occurs, notify the Electoral Commissioner of this fact. 6. A certificate under the hand of the Speaker certifying that a person has ceased to be a member of the National Assembly shall be conclusive evidence of this fact and of the fact that the seat held by that person is vacant unless - a. the person makes an application under Article 82 to the Constitutional Court within thirty days of the date of the certificate; and b. the Constitutional Court determine that the person is still a member of the National Assembly and that person still occupies that seat. 7. Until the final determination of an application referred to in clause (6) (a) the person who made the application shall continue to be a member of the National Assembly in respect of the seat f or which the person was elected.