Judiciary is making a mockery of the constitution.
The provisional cause list of the next session of the
Seychelles Court of Appeal, which is set for 28 November to 9 December,
discloses several cases to be heard by a panel of appeal justices that include
Dr. Satyabhooshun Gupt Domah, despite the fact that the second five-year term
of the Mauritian national’s appointment came to an end on 4 October 2016.
On 5 September 2011, the President of the Republic of
Seychelles appointed Justice Domah for second and last of term of five years.
The instrument of appointment reads:
WHEREAS you, SATYABHOOSHUN GUPT DOMAH, have been appointed
as a JUSTICE OF APPEAL of the Seychelles Court of Appeal under Article 123 of
the Constitution, and the said appointment will expire on the 3rd October 2011,
AND WHEREAS you are not a citizen of Seychelles,
AND WHEREAS further the Constitutional Appointments
Authority has recommended to me that there are exceptional circumstances to
appoint you as JUSTICE OF APPEAL for a second term of office,
NOW THEREFORE, in exercise of the powers conferred to the
President under article 131(4) of the Constitution, I, JAMES ALIX MICHEL,
PRESIDENT, appoint you
SATYABHOOSHUN GUPT DOMAH
To be a JUSTICE OF APPEAL for a period of five years
commencing on 4th October 2011.
GIVEN under my hand and the Public Seal of Seychelles at
State House on this 5th day of September 2011.
Article 131(1)(e)
states: a person holding office of Justice of Appeal…….SHALL vacate that office
in the case of a person who is not a citizen of Seychelles, at the end of the
term for which the person was appointed.
So who authorised his extension to May 2017 in the face of
the above. This is effectively a third term which is not allowed under the
constitution. According to a communique from the judiciary, “this is due to the
fact that a constitutional case delayed the expiry of his term of office. Therefore
his term ends in May 2017”; what nonsense!
Did the CAA recommend this term or extension thereof to the
President, and did the President re-appoint or extend his term of office until
May 2017? Article 131 (4) "The President may, on the recommendation of the
CAA in exceptional circumstances, appoint a person who is not a citizen of
Seychelles and who has already completed one term of office as a Justice of
Appeal or Judge for a second term of office, whether consecutive or not, of not
more than seven years."
Barely a month ago, we all saw Mr. Danny Faure swear an oath
of Allegiance to the Constitution and now if he allows this monkey business he
will be violating his Constitutional and Presidential Oaths(both oaths were
taken before the Chief Justice), and the Constitution. It must be remembered
that a President can be removed for violation of the constitution. Remember
that in 2011 when Mr. Dhanjee challenged Domah's re-appointment the CAA had only recommended a
further TWO years but President Michel gave him a fresh term of FIVE years.
