170

Article 170 1. The transitional provisions specified in Schedule 7 shall have effect notwithstanding anything to the contrary in this Constitution or in the Constitution of Seychelles (Preparation and Promulgation) Act, 1992. 2. The Constitutional Court shall have jurisdiction to hear and determine whether a person has been validly elected to the office of President. 3. An application under clause (2) may be made by a person entitled to vote at an election of the President, a person who was a candidate at the election or the Attorney General. 4. A law may provide for - a. the circumstances and manner in which and the imposition of conditions upon which an application may be made to the Constitutional Court for the determination of a question under clause (2); b. the powers, practice and procedure of the Constitutional Court in relation to the application; and c. any matter, not otherwise provided for in Schedule 3, which is necessary or required to ensure a true, fair and effective election of the President. (Article 51) (Article 2(1)(a) and Schedule 2) Granitic Islands Mahé raslin La Digue Ste. Anne Ile au Cerf Ile Longue Ile Moyenne Ile Ronde Grand Rocher Ile Cachée Ile Sèche Ile Anonyme Ile Hodoul Ile aux Rats Ile aux Souris Ile Thérèse Conception L'Islette Chauve Souris (Mahé) Ile aux Vaches Marines I'Ilot Cousin Cousine Curieuse Ile Ronde (Praslin) Chauve-Souris (Praslin) Ile aux Fous St. Pierre (Praslin) Ile Aride Zave Félicité Marianne Grande Soeur Petite Soeur Ile aux Cocos Ile La Fouche Silhouette Ile du Nord Mamelles Ile aux Récifs Frégate L'Ilot (Frégate) Coralline Islands Ile aux Vaches (Bird Island) Ile Denis Ile Plate Coétivy Amirantes Group : Rémire D'Arros Desroches Etoile Boudeuse Marie-Louise Desnoeufs African Banks Banco Africains Ile du Sud St. Joseph's Atoll : St. Joseph Ile aux Fouquets Ressource Petit Carcassaye Grand Carcassaye Benjamin Bancs Ferrari Chiens Pélicans Vars Ile Paul Banc de Sable Bancs aux Cocos Ile aux Poules Poivre Atoll : Poivre Florentin Ile du Sud Alphonse and St. François Atolls : Alphonse Bijoutier St François Farquhar Group : Farquhar Atoll : Ile du Nord Ile du Sud Manahas Nord Manahas Milieu Manahas Sud Ile aux Goëlettes Lapins Ile du Milieu Déposés Bancs de Sable Providence Atoll : Providence Bancs Providence St. Pierre Aldabra Group : Aldabra Atoll : Grande Terre Picard Polymnie Malabar Ile Michel Ile Esprit Ile aux Moustiques Ilot Parc Ilot Emile Ilot Yangue Ilot Magnan Ile Lanier Champignon des Os Euphrate Grand Mentor Grand Ilot Gros Ilot Gionnet Gros Ilot Sésame Heron Rock Hide Island Ile aux Aigrettes Ile aux Cèdres Iles Chalands Ile Fangame Ile Héron Ile Michel Ile Suacco Ile Sylvestre Ile Verte Ilot Déder Ilot du Sud Ilot du Milieu Ilot du Nord Ilot Dubois Ilot Macoa Ilot Marquoix Ilots Niçois Ilot Salade Middle Row Island Noddy Rock North Row Island Petit Mentor Petit Mentor Endans Petits Ilots Pink Rock Table Ronde Cosmoledo Atoll : Menai Ile du Nord Ile Nord-Est Ile du Trou Goëlettes Grand Polyte Petit Polyte Grand Ile (Wizard) Pagode Ile du Sud-Ouest Ile aux Moustiques Ile Baleine Ile aux Chauve-Souris Ile aux Macaques Ile aux Rats Ile du Nord-Ouest Ile observation Ile Sud-Est Ilot la Croix Astove Assumption INNER AND OUTER ISLANDS INNER ISLANDS La Digue Félicité Marianne Grande Soeur Petite Soeur Ile aux Cocos Ile la Fouche Silhouette Ile du Nord Mamelles Ile aux Récifs Frégate L'Ilot (Frégate) Ile aux Vaches (Bird Island) Ile Denis OUTER ISLANDS Ile Plate Coëtivy Amirantes Group : Rémire D'Arros Desroches Etoile Boudeuse Marie-Louise Desnoeufs African Banks : Bancs Africains Ile du Sud St. Joseph's Atoll : St. Joseph Ile aux Fouquets Ressource Petit Carcassaye Grand Carcassaye Benjamin Bancs Ferrari Chiens Pélicans Vars Ile Paul Banc de Sable Bancs aux Cocos Ile aux Poules Poivre Atoll : Poivre Florentin Ile du Sud Alphonse and St. François Atolls : Alphonse Bijoutier St François Farquhar Group Farquhar Atoll : Ile du Nord Ile du Sud Manahas Nord Manahas Milieu Manahas Sud Ile aux Goëlettes Lapins Ile du Milieu Déposés Bancs de Sable Providence Atoll : Providence Bancs Providence St. Pierre Aldabra Group : Aldabra Atoll: Grande Terre Picard Polymnie Malabar Ile Michel Ile Esprit Ile aux Moustiques Ilot Parc Ilot Emile Ilot Yangue Ilot Magnan Ile Lanier Champignon des Os Euphrate Grand Mentor Grand Ilot Gros Ilot Gionnet Gros Ilot Sésame Heron Rock Hide Island Ile aux Aigrettes Ile aux Cèdres Iles Chalands Ile Fangame Ile Héron le Michel Ile Suacco Ile Sylvestre Ile Verte Ilot Déder Ilot du Sud Ilot du Milieu Ilot du Nord Ilot Dubois Ilot Macoa Ilot Marquoix Ilots Niçois Ilot Salade Middle Row Island Noddy Rock North Row Island Petit Mentor Petit Mentor Endans Petits Ilots Pink Rock Table Ronde Cosmaledo Atoll : Menai Ile du Nord Ile Nord-Est Ile du Trou Goëlettes Grand Polyte Petit Polyte Grand Ile (Wizard) Pagode Ile du Sud-Ouest Ile aux Moustiques Ile Baleine Ile aux Chauve-Souris Ile aux Macaques Ile aux Rats Ile du Nord-Ouest Ile Observation Ile Sud-Est Ilot la Croix Astove Assomption (Article 6) PRINCIPLES OF INTERPRETATION 1. 1. this Constitution, unless the context otherwise requires - "Consolidated Fund" means the fund by that name established by Article 151; "court" means a court of competent jurisdiction established by or under the authority of this Constitution; "directly elected member" means a member of the National Assembly such as is referred to in Article 78 (a); "Electoral Commissioner" means the Electoral Commissioner appointed under Article 115; "financial year" means the period of twelve months beginning on the first day of January in any year, or on such other day as may be prescribed by an Act; "functions" includes powers and duties; "the Gazette" means such publication as may for the time being be appointed by the President to be the publication in which Government notices are published by authority, and includes any statements thereto in which Government notices are published; "Independence Day" means the 29th day of June, 1976; "the Inner and Outer Islands" means the islands described as such in Part II of Schedule 1; "Judge" means the Chief Justice or a Puisne Judge; "Justice of Appeal" means a Justice of the Court of Appeal established by Article 120; "law" includes any instrument that has the force of law and any unwritten rule of law; "member" means a member of the National Assembly; "National Assembly", "Assembly" means the National Assembly established by this Constitution; "oath" includes an affirmation; "oath of allegiance" means the oath of allegiance prescribed in this Constitution; "person" includes any company or association or body of persons whether corporate or unincorporate; "political party" means a party registered as such in the manner prescribed by or under an Act; "prescribed" means prescribed by law; "proportionately elected member" means a member such as is referred to in Article 78 (b); "public authority" means a Ministry, department, division or agency of the Government or a statutory corporation or a limited liability company which is directly or ultimately under the control of the Government or any other body which is carrying out a governmental function or service or a body or person specified by an Act; "public office" means an office of emolument in the public service; "public officer" means, subject to paragraph 4, a person holding or acting in a public office; "the public service" means, subject to paragraph 4, the service of the Government of Seychelles in a civil capacity; "Speaker" means the Speaker of the National Assembly; "Standing Orders" means the rules of practice and procedure of the National Assembly made under Article 101; "subordinate court" means any court other than - a. the Court of Appeal; or b. the Supreme Court. 2. Unless the context otherwise requires, where an expression is defined in this Schedule or otherwise in this Constitution then, for that purpose, all grammatical variations and cognate and related expressions shall be understood in the same sense. 2. In this Constitution, unless the context otherwise requires, words in the singular shall include the plural and words in the plural shall include the singular. 3. In this Constitution, unless the context otherwise requires - a. references to the functions of the office of the President shall be construed as references to the powers and duties of the President in the exercise of the executive power of the Republic and to any other powers or duties conferred or imposed on the President by or under this Constitution or any other law; and b. a reference to the holder of an office by the term designating the office shall be construed as including a reference to any person acting in that office or, to the extent of the authority of the holder of the office, otherwise performing the functions of that office. 4. 1. For the purposes of this Constitution, a person shall not be considered as holding office in the public service by reason only of the fact that the person is in receipt of a pension or other like allowance in respect of service under the Republic or any former Government of Seychelles. 2. If it is provided in any law that an office is not to be regarded as a public office for the purposes of this constitution, a person shall not be regarded as holding, or acting in, a public office for those purposes by reason only that the person holds, or is acting in, that office. 5. Where no time is prescribed or allowed within which an act is required or permitted by this Constitution to be done, the act shall or may be done, as the case may be, with all convenient speed and as often as the occasion requires. 6. For the purpose of this Constitution, a person attains a certain age at the first moment of the relevant anniversary of the birth of that person. 7. 1. Where this Constitution confers a power or imposes a duty, the power may be exercised, or the duty shall be performed, as the case may be, from time to time as occasion requires. 2. Where this Constitution confers a power or imposes a duty on the holder of an office as such, the power may be exercised, or the duty shall be performed, as the case may be, by the holder (whether substantive or other) for the time being of the office. 3. Subject to subparagraph (5), where this Constitution confers a power to make an appointment, the power includes power to remove or suspend a person so appointed and to appoint another person temporarily in the place of a person so removed or suspended or, where the appointee is for any reason unable or unavailable to perform the duties for which the person was appointed, to appoint another person temporarily in the place of the appointee. 4. Where this Constitution confers a power to make any statutory instrument, pass any resolution or give any direction, the power includes powers exercisable in the same manner and subject to the same conditions (if any) to amend or revoke the instrument, resolution or direction. 5. The power provided for in subparagraph (3) - a. shall be subject to this Constitution; and b. shall be exercisable subject to any conditions to which the exercise of the original power or appointment was subject. 8. For the purposes of interpretation - a. the provisions of this Constitution shall be given their fair and liberal meaning; b. this Constitution shall be read as a whole; and c. this Constitution shall be treated as speaking from time to time. 9. 1. The alteration of any provision of this Constitution shall not - a. revive anything that was not in force or existing immediately before the alteration took effect; b. affect the previous operation of the altered provision or anything duly done or suffered under it; c. affect any right, privilege, obligation or liability acquired, accrued or incurred under the altered provision; d. affect any penalty, forfeiture or punishment incurred in respect of any offence committed against the altered provision; or. e. affect any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment, and any such investigation, legal proceedings or remedy may be instituted, continued or enforced, and the penalty, forfeiture or punishment may be imposed, as if the altered provision had continued in force. 2. In subparagraph (1), the reference to the "alteration of any provision of this Constitution" shall be deemed to include a reference to any alteration of the Constitution such as is referred to in Article 91 (b). (Article 51) ELECTION OF PRESIDENT 1. Subject to paragraph 6, the President shall be directly elected by secret ballot by persons entitled to vote under and in accordance with this Constitution. 2. 1. A person shall not be a candidate in an election for President unless - a. the person submits to the Electoral Commissioner on or before the day appointed as nomination day in relation to the election the form provided for this purpose by the Electoral Commissioner completed and signed by that person and endorsed to the satisfaction of the Electoral Commissioner by such number, as may be prescribed under an Act, of other persons who are entitled to vote at the election under and in accordance with this Constitution,; and b. the person deposits with the Electoral Commissioner, or gives security to the satisfaction of the Electoral Commissioner for the payment of such sum as may be prescribed under an Act as the amount to be deposited by a person who is a candidate to the election for the office of President. 2. Where a person receives less than 5% of the votes cast at the election for the office of President in respect of which the person is standing as a candidate, the person shall forfeit to the Republic the sum deposited or in respect of which security was given under subparagraph (1)(b). 3. 1. A person nominated as candidate for election to the office of President may withdraw the nomination at any time before the day appointed for the election by notice in writing to the Electoral Commissioner. 4. An instrument which - a. is executed under the hand of the Electoral Commissioner; and b. states that the person named in the instrument was duly elected to the office of President, shall be evidence that the person was so elected. (Article 78(b)) LEGISLATURE PROPORTIONATELY ELECTED MEMBERS 1. In this Schedule - "general election" means a general election under Article 79(1); "political party" means a political party which has nominated a candidate in a general election; "relevant number" means the number of proportionately elected members referred to in Article 78; "remainder", in relation to a political party, means any remainder which results when determining under paragraph 3(l) the number of proportionately elected members a political party may nominate, and includes a result such as is referred in paragraph 3(2). 2. A political party which has nominated a candidate in a general election may, in accordance with this Schedule, nominate the proportionately elected members. 3. 1 The following formula shall apply for the purpose of determining the number of proportionately elected members a political party may nominate - A=BxCD where: A = number of proportionately elected members a political party may nominate; B = relevant number; C = total number of votes cast or deemed to be cast in favour of the candidates nominated by a political party; and D = total number of valid votes cast or deemed to be cast at the election. 2. Where under subparagraph (1), A is a fraction of one or consists of a whole number and a fraction of one, the fraction shall initially be disregarded but shall be treated as a remainder for the purposes of the application of subparagraph (3). 3. Where on the application of the formula under subparagraph (1) the total number of proportionately elected members falls short of the relevant member, the number of proportionately elected members represented by the shortfall shall be nominated as follows i. where there are any political parties that have not qualified to nominate a proportionately elected member on the application of the formula under subparagraph (1). but have received not less than 8% of the total valid votes cast at the general election, the political party with the highest remainder among those political parties shall be entitled to nominate a proportionately elected member and, if necessary, the political party with the second highest remainder among those political parties shall next be entitled to nominate a member and so on until the shortfall is eliminated; ii. where there are no or insufficient political parties to nominate a proportionately elected member under subsubparagraph (i) so as to eliminate the shortfall, the balance number of members necessary to eliminate the shortfall shall be nominated by the political parties qualified to nominate a member under subparagraph (1) on the basis that the political party with the highest remainder out of those political parties shall first be entitled to nominate a member and, if necessary, the political party with the second highest remainder among those political parties shall next be entitled to nominate a member and so on until the shortfall is eliminated. 4. For the purposes of this Schedule, the Electoral commissioner shall determine - a. whether a political party may nominate any proportionately elected member of the National Assembly; and b. if so, the number of proportionately elected members. c. A political party which may nominate a proportionately elected member of the National Assembly shall, within seven days after the general election, signify in writing to the Electoral Commissioner the name of the member and the Electoral Commissioner shall as soon as is practicable after receiving all the names of the proportionately elected members under this Schedule publish the names in the Gazette. (Article 143) OMBUDSMAN 1. 1. Subject to this Schedule, the Ombudsman may a. investigate an action taken by a public authority or the President, Minister, officer or member of the public authority, being action taken in the exercise of the administrative functions of the public authority in the circumstances specified in subparagraph (2); b. investigate an allegation of fraud or corruption in connection with the exercise by a person of a function of a public authority; c. assist an individual complainant in respect of legal proceedings in relation to a contravention of the provisions of the Charter; d. with leave of the Court hearing proceedings relating to a contravention of the provisions of the Charter, become a party to the proceedings; e. initiate proceedings relating to the constitutionality of a law or of the provisions of a law. 2. The Ombudsman shall investigate an action under subparagraph (1) (a) - a. where the Ombudsman receives a complaint from a person or body alleging that the complainant has suffered a violation of the complainant's fundamental rights or freedoms under the Charter, or an injustice, in consequence of a fault in the administration of a public authority or has been treated harshly or oppressively by the authority or the President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority; b. where the President or a Minister or member of the National Assembly requests the Ombudsman to investigate the action on the ground that the person or body specified in the request - i. has or may have suffered a violation of the person's or body's fundamental rights or freedoms under the Charter, or an injustice, in consequence of a fault in the administration of a public authority or of a fault of the President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority.: ii. has been treated harshly or oppressively by the authority or the President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority, iii. or on the ground that the practices or patterns of conduct of a public authority or the President or a Minister, officer or member of the authority in the exercise of the administrative functions of the authority appear to result in injustices or harsh, oppressive or unfair administration; or c. where the Ombudsman considers that it is necessary to investigate the action on the grounds specified in subsubparagraph (b), and an allegation under subparagraph (1)(b). 3. The Ombudsman shall not investigate or may discontinue an investigation of a complaint relating to an action referred to in subparagraph (1)(a) or an allegation under subparagraph (1) (b) where it appears to the Ombudsman that - a. the complaint or allegation is frivolous, vexatious or trivial or not made in good faith; b. the making of the complaint or allegation has, without reasonable cause, been delayed for more than twelve months; c. in the case of a complaint relating to paragraph 1 (a), the complainant does not have sufficient interest in the subject matter of the complaint; d. in the case of a complaint relating to paragraph (1) (a), the complainant has or had, by way of remedy under this Constitution or any other law, a right of appeal, objection or review on merits and the complainant has not exhausted the remedy, unless the Ombudsman believes that in the particular circumstances it is or was not reasonable to expect the complainant to exhaust or to have exhausted the remedy. 4. In this Schedule - "action" includes a failure to act, an advice or a recommendation; "body" means a body of persons whether corporate or incorporate; "investigation" means an investigation in terms of this Schedule; "public authority" means a Ministry, a department division or agency of the Government or a statutory corporation or a limited liability company which is directly or ultimately under the control of Government or any other body which is carrying out a governmental function or service or a person or body specified by an Act. 2. The Ombudsman shall not investigate an action referred to in paragraph 1(l) (a) - a. in respect of a subject matter which the President or the relevant Minister certifies may affect the relation or dealing between the Government of Seychelles and any other Government or international organisation, the security of the Republic or the investigation of crime; b. concerning the performance of a judicial function or a Justice of Appeal, Judge or person performing a judicial function; c. taken with respect to orders or directions to a disciplinary force or a member of the force; or d. unless the person aggrieved is resident in Seychelles or the action was taken in respect of the person aggrieved while the person was present in Seychelles or in respect of rights or obligations that arose or accrued in Seychelles. 3. Subject to this Schedule, the Ombudsman has the same power as a Judge of the Supreme Court in respect of the attendance of a person before the Ombudsman, the examination of any person in relation to an investigation, the production of a document or record relevant to an investigation and the inspection of premises relevant to an investigation. 4. 1. Subject to this paragraph, a person shall not refuse to answer any question or withhold any document, information, record or thing or refuse to make available to the Ombudsman any document, information, record or thing or refuse access to the Ombudsman to any premises relating to an investigation on the ground that the answering of the question or disclosure of the document, information, record or thing or making available of any document, information, record or thing or the granting of access to any premises would be injurious to the public interest, contrary to a law or in breach of a privilege or an obligation, whether contractual or otherwise. 2. Where a certificate certifying that the answering of a question, the disclosure of document, information, record or thing, the making available of a document, record or information or thing or the granting of access to any premises would be contrary to public interest is issued by - a. the President - i. because it might prejudice the security of the Republic or international relations between the Government of Seychelles and any other Government or international organisation; or ii. because it involves the disclosure of the proceedings of the Cabinet; b. the Attorney-General because it might prejudice the investigation or detection of crime, the Ombudsman shall not require a person to answer the question, disclose the document, information, record or thing, make available the document, information, record or thing or grant access to premises, as the case may be. 5. 1. The Ombudsman shall, when carrying out an investigation, act fairly and judicially and shall in particular, afford any public authority or person alleged to have taken or authorised an action or responsible for the administration of the public authority which is the subject of an investigation an opportunity to be heard. 2. Subject to subparagraph (1), the ombudsman shall determine the procedures to be followed when conducting an investigation. 6. 1. Subject to subparagraph (7), where after an investigation the Ombudsman is of the opinion that - a. the action which was the subject of the investigation - i. was contrary to law; ii. was unreasonable, unjust, oppressive or discriminatory; iii. was based on a mistake of facts or a wrongful assessment of facts; iv. was based partly on a mistake of law and facts; v. was based on an improper exercise of a discretionary power or an exercise of a discretionary power based on irrelevant considerations; vi. was an improper refusal to exercise a discretionary power; vii. was based on an exercise or improper use of authority or power; viii. was in accordance with law but the law is unreasonable, unjust, oppressive or discriminatory; ix. was otherwise, in all circumstances, wrong; x. should be cancelled, varied or given further consideration; or b. reasons for the action which was the subject of the investigation should have been given; c. there was unreasonable delay before the decision or action which was the subject of the investigation was taken; d. there was an omission which needs to be rectified; e. the law or practice on which the action which is the subject of the investigation is based should be reconsidered; f. the practice or pattern of conduct of a public authority or the President, a Minister, officer or member of the public authority which is the subject of the investigation is contrary to law or unreasonable, unjust, harsh, oppressive or discriminatory; or g. (g) the allegation of fraud or corruption is well founded; h. the Ombudsman shall report the opinion and reasons together with any recommendation or remedy the Ombudsman considers fit to make to the President, Minister, officer, member or chief executive officer of the public authority, as the case may be. 2. The Ombudsman shall, where the report is not required to be sent to the President or Minister, send a copy of the report to the President and any relevant Minister. 3. The Ombudsman may specify in the report referred to in subparagraph (1) a time limit within which it is reasonable for the report to be acted upon. 4. Where a report submitted under subparagraph (1) is not, in the opinion of the Ombudsman, adequately acted upon - a. within the time specified in the report; or b. if no time has been specified, within such reasonable time as the Ombudsman is of the opinion is reasonable, c. the Ombudsman may submit the report and recommendation together with such further observations the Ombudsman thinks fit to make to the President and the National Assembly. 5. The Ombudsman shall attach to every report submitted to the President and the National Assembly under subparagraph (4) a copy of any comments made thereon by or on behalf of the chief executive officer of the public authority concerned or the President, Minister, officer or member of the public authority, as the case may be. 6. The Ombudsman shall not later than the thirty-first January in each year make a general report to the National Assembly with a copy to the President on the exercise of the functions of the Ombudsman under this Constitution during the previous year. 7. The Ombudsman shall, in every case where a complaint is received by the Ombudsman, inform the complainant of the result of the complaint. 1. For the purposes of the law of defamation, absolute privilege is attached to the publication of any matter by the Ombudsman or any other person acting under the authority of the Ombudsman. 2. The Ombudsman or any other person acting under the authority of the Ombudsman shall not be liable for anything done or omitted to be done in good faith in the performance or purported performance of the functions of the Ombudsman. (Article 169) OATES OATH OF ALLEGIANCE I do swear/solemnly and sincerely declare and affirm/that I will be faithful and bear true allegiance to the Constitution of Seychelles and that I will preserve, protect and defend the Constitution of Seychelles. SO HELP ME GOD PRESIDENTIAL OATH I do swear/solemnly and sincerely declare and affirm/that I will faithfully and diligently perform my duties and discharge my functions in the office of President of Seychelles, that I will be faithful to the Republic of Seychelles, that I will uphold the Constitution and the laws of Seychelles and that I will dedicate my abilities to the service and welfare of the people of Seychelles without fear or favour, affection or ill will. SO HELP ME GOD SCHEDULE 7 (Article 170) TRANSITIONAL EXISTING OFFICERS AND OFFICES 1. In this Schedule, unless the context otherwise requires - "Constitution Act" means the Constitution of the Republic of Seychelles (Preparation and Promulgation) Act, 1992; "Director of Elections" means the person holding office as Chairman of the Constitutional Commission immediately before the date of coming into force of this Constitution; "existing Constitution" means the Constitution contained in the Schedule to the Constitution of the Republic of Seychelles Decree, 1979; "existing law" means a law having effect as part of the laws of Seychelles immediately before the date of coming into force of this Constitution; "first Assembly election" means the first general election to elect members of the National Assembly under this Constitution; "first Presidential election" means the election of the first President of Seychelles under this Constitution; "the Regulations" means regulations made under paragraph 9 (2) 2. 1. Except where it is otherwise inconsistent with this Constitution and subject to subparagraph (2), an existing law shall continue in force on and after the date of coming into force of this Constitution. 2. The Termination of Pregnancy Act, 1981 shall, unless sooner repealed, cease to have effect twelve months after the date of coming into force of this Constitution. shall continue to perform the functions of the office, after the date of coming into force of this Constitution, under this Constitution, existing law continued under paragraph 2 or the Government, as the case may be, and shall be deemed to have taken the oath of allegiance or any other necessary oath under this Constitution or existing law continued under paragraph 2. 3. A person who, under the existing Constitution or an existing law, would have been required to vacate the person's office at the expiration of a specified period or on the attainment of a special age shall vacate the office at the expiration of the specified period or upon attainment of the specified age. 7. Where the Appropriation Act in respect of the financial year commencing on the first day of January immediately following the date of caning into force of this Constitution has not come into operation, the President may authorise the withdrawal of moneys from the Consolidated Fund for the purposes of meeting expenditure necessary to carry on the services of the Government until the expiration of four months from the beginning of the financial year or the coming into operation of the Appropriation Act for that financial year, whichever is the earlier. FIRST ELECTIONS AND FIRST SITTINGS OF THE NATIONAL ASSEMBLY 8. 1. The Director of Elections shall, by notice in the Gazette, appoint the date or dates which shall be or, as the case may be, the first of which shall be, not later than five weeks after the date of caning into force of this Constitution, on which the first Presidential election and the first Assembly election shall be held. 2. Subject to subparagraph (3), the Director of Elections may appoint different dates for the holding of the first Presidential election and the first Assembly election, and for the holding of the first Presidential election and the first Assembly election in different electoral areas. 3. The first Presidential election and the first Assembly election shall be held simultaneously and, to this end, the two elections shall begin on the same day. 9. 1. For the purposes of the first Presidential election and the first Assembly election, any matter, other than a matter provided for in this Schedule, which may be prescribed or provided for by or under an Act may be prescribed or provided for by the Regulations. 2. Subject to this Schedule, the Director of Elections may make regulations with respect to the holding and conduct of the first Presidential election and the first Assembly election. 10. 1. For the purposes of the first Presidential election and the first Assembly election- a. paragraphs 6 and 7 of Schedule 1 of the Constitution Act shall apply with respect to the qualification for registration as a voter, and the qualification to vote, at the elections; b. Seychelles shall consist of twenty-two electoral areas made up of nineteen electoral areas on Mahé, two electoral areas on Praslin and the islands of La Digue, Félicité, Marianne, Grande Soeur, Petite Soeur, Ile aux Cocoa, Ile la Fouche, Silhouette, Mamelles, Ile du Nord, Frégate, Denis, Ile aux Vaches (Bird Island) and L'Ilot (Frégate) shall constitute one electoral area; c. the boundaries of the electoral areas on Mahé and Praslin shall be those of the electoral areas which existed on Mahé and Praslin immediately prior to the coming into force of this Constitution; d. a person who at the time of the amendment of the registers of voters under subsubparagraph (f) is residing on an outer Island, as listed in Part II of Schedule 1 of this Constitution, shall be treated as residing in the electoral area in which the person resided prior to residing on the Outer Island; e. a person who at the time of the election is residing on an Outer island, as listed in Part II of Schedule 1 of this Constitution, shall vote in the electoral area in which the person is registered; f. each register of voters prepared under Schedule 4 of the Constitution Act shall, subject to any amendment for the purposes of subsubparagraph (a) or subsubparagraph (b) or for any other purpose made thereto pursuant to this Part and the Regulations, be the register of voters. 2. Schedule 3 of this Constitution shall, subject to such modifications, adaptations, qualifications and exceptions as may be necessary, apply for the purposes of the first Presidential election. 3. There shall be twenty-two directly elected members, being one elected member for each electoral area, and eleven proportionately elected members of the first National Assembly. 4. Schedule 4 of this Constitution shall, subject to such modifications, adaptations, qualifications and exceptions as may be necessary apply for the purpose of nominating the eleven proportionately elected members of the first National Assembly. 11. 1. The Director of Elections shall supervise and shall have general responsibility for the conduct of the first Presidential election and the first Assembly election. 2. The Director of Elections shall; for the purpose of conducting the first Presidential election and the first Assembly election, appoint a Chief Registration officer and Chief Electoral Officer and such number of Registration Officers, Electoral Officers, Assistant Registration Officers and Assistant Electoral Officers as the Director thinks fit. 3. A person appointed pursuant to subparagraph (2) shall have such powers, and shall comply with such requirements, as may be prescribed in the Regulations. 4. In the exercise of the functions of the Director of Elections under this paragraph or the Regulations, the Director of Elections shall not be subject to the direction or control of any person or authority. 5. The Director of Elections shall discharge the functions of the Electoral Commissioner in respect of the matters which may be prescribed by an Act made under Article 118 and may, for this purpose make regulations in respect thereof for the purposes of the first Presidential election and first Assembly election. 12. The first meeting of the first session of the National Assembly after the first National Assembly election shall, until the Speaker is elected, be presided over by the eldest member of the Assembly present at the meeting. 13. The Standing Orders of the People's Assembly established by the existing Constitution shall, until it is otherwise provided pursuant to Article 101 of this Constitution, be the Standing Orders of the National Assembly, but shall be construed with such modifications, adaptations, qualifications and exceptions as may be necessary to bring those Standing orders into conformity with this Constitution. 14. 1. The State undertakes to continue to consider all applications made during the period of twelve months from the date of coming into force of this Constitution by a person whose land was compulsorily acquired under the Lands Acquisition Act, 1977 during the period starting June, 1977 and ending on the date of coming into force of this Constitution and to negotiate in good faith with the person with a view to - a. where on the date of the receipt of the application the land has not been developed or there is no Government plan to develop it, transferring back the land to the person; b. where there is a Government plan to develop the land and the person from whom the land was acquired satisfies the Government that the person will implement the plan or a similar plan, transferring the land back to the person; c. where the land cannot be transferred back under subsubparagraphs (a) or subsubparagraph (b) - i. as full compensation for the land acquired, transferring to the person another parcel of land of corresponding value to the land acquired; ii. paying the person full monetary compensation for the land acquired; or iii. as full compensation for the land acquired, devising a scheme of compensation combining items (i) and (ii) up to the value of the land acquired. 2. For the purposes of subparagraph (1), the value of the land acquired shall be the market value of the land at the time of coming into force of this Constitution or such other value as may be agreed to between the Government and the person whose land has been acquired. 3. No interest on compensation paid under this paragraph shall be due in respect of the land acquired but Government may, in special circumstances, pay such interest as it thinks just in the circumstances. 4. Where the person eligible to make an application or to receive compensation under this paragraph is dead, the application may be made or the compensation may be paid to the legal representative of that person.