Saturday, August 20, 2011

Electoral Commission Chairman Mr.Hendrick Gappy Delays Registration Of Seychelles Freedom Party To Seek clarification From SFP Leadership Of A Section Within The SFP Constitution!!

Find Below A Scanned Copy Of The Electoral Commissions Letter From It's Chairman Mr. Hendrick Gappy In Relation Of Seeking Clarification To The Specified Section Of The Seychelles Freedom Party's Constitution.


Note: The Seychelles Freedom Party Leadership's Response will be Posted after it has been received by The Chairman of the electoral Commission Mr.Hendrick Gappy on Monday morning!!


Find Below The Sections Of The Seychelles Constitution Which Mr. Gappy Clearly Has A Copy At His Disposal!!



CHAPTER 1


THE REPUBLIC OF SEYCHELLES

Article 1

Seychelles is a sovereign democratic Republic.

Article 2

1. The territory of Seychelles shall consist of -
a. the islands of the Seychelles Archipelago, as set out in Part 1 of Schedule 1;
b. the territorial waters and historic waters of Seychelles and the seabed and subsoil under
lying those waters;
c. the airspace above those islands and those waters; and
d. such additional areas as may be declared by law to be part of the territory of
Seychelles.

2. Notwithstanding clause (1), a law may proclaim complete or partial jurisdiction of the
Republic over any other area of land, water or airspace.

3. An Act shall declare the limit of the territorial waters and historic waters of Seychelles
and may prescribe the limit of the airspace referred to in clause (1)(c).

Article 3

There shall be a Public Seal, a National Flag, a National Anthem, a National Emblem and
a National Motto, each of which shall be as prescribed by an Act.

Article 4

1. The national languages of Seychelles shall be Creole, English and French.

2. Notwithstanding clause (1), a person may use any of the national languages for any
purpose but a law may provide for the use of any one or more of the national languages
for any specific purpose.

Article 5

This Constitution is the supreme law of Seychelles and any other law found to be
inconsistent with this Constitution is, to the extent of the inconsistency, void.

Article 26

1. Every person has a right to property and for the purpose of this Article this right
includes the right to acquire, own, peacefully enjoy and dispose of property either
individually or in association with others.

2. The exercise of the right under clause (1) may be subject to such limitations as may be
prescribed by law and necessary in a democratic society -
a. in the public interest;
b. for the enforcement of an order or judgment of a court in civil or criminal proceedings;
c. in satisfaction of any penalty, tax, rate, duty or due;
d. in the case of property reasonably suspected of being acquired by the proceeds of drug
trafficking or serious crime;
e. in respect of animals found trespassing or straying;
f. in consequence of a law with respect to limitation of actions or acquisitive prescription;
g. with respect to property of citizens of a country at war with Seychelles;
h. with regard to the administration of the property of persons adjudged bankrupt or of
persons who have died or of persons under legal incapacity; or
i. for vesting in the Republic of the ownership of underground water or unextracted oil or
minerals of any kind or description.

3. A law shall not provide for the compulsory acquisition or taking of possession of any
property by the State unless -
a. reasonable notice of the intention to compulsorily acquire or take possession of the
property and of the purpose of the intended acquisition or taking of possession are given
to persons having an interest or right over the property;
b. the compulsory acquisition or taking of possession is necessary in the public interest
for the development or utilisation of the property to promote public welfare or benefit or
for public defence, safety, order, morality or health or for town and country planning;
c. there is reasonable justification for causing any hardship that may result to any person
who has an interest in or over the property;
d. the state pays prompt and full compensation for the property;
e. any person who has an interest or right over the property has a right of access to the
Supreme Court whether direct or on appeal from any other authority for the
determination of the interest or right, the legality of the acquisition or taking of
possession of the property, the amount of compensation payable to the person and for the
purpose of obtaining prompt payment of compensation.

4. Where the property acquired by the State under this Article is not used, within a
reasonable time, for the purpose for which it was acquired, the State shall give, to the
person who owned it immediately before the acquisition of the property, an option to buy
the property.

5. A law imposing any restriction on the acquisition or disposal of property by a person
who is not a citizen of Seychelles shall not be held to be inconsistent with clause

15 comments:

Anonymous said...

It simply means that people who bought passports ând were illegalily purchase our passports to become Seychellois should not posses land in our country.Selling passport Gappy is not a right nor legal in our constitution not even in our immigration law that means anyone who bought passports and were illegally sold to them by Pp is unlawful and since they illegalily obtain their nationality illegally all that follows buying land,being Ministers are illegal.What makes it so difficult to understand that And since Gappy holds a very import position does he have a duty and obligation to know well the law of this country?

Gappy think when he raises this quetion we will be afraid to tell him what it is.No Gappy;pp ac illegally and raped the law of this country and do not think we will tell you the contary,becuase we will not legitimize illegality .And Gappy if youhave a problem with it ,the solution is simple show us where in our constitution and rules of law it is stated that Pp has a right or the people of Seychelles have given Pp the authority to sell our passports dito to our land?Bring physical proof,you just have to refer to the constitution and bring us the physical proof if what we say is not true.

Gappy attempt is simple he wants to impede the registration of the party he does not have any motive to do so,then he tries to invent a motive.And his motive is predetermine,he would like to affliate the part with racism thus he will ahav e an excuse to again illegally refuse the set up of a new party.So he wants us to say illegal passport selling by PP should be accepted and recognized though it is illegal.We not communists but democrates -rule of law are made to be respected and abided with ,if you wrong or illegal we will continue to tell you loud and clear,and without fear.

Jeanne D'Arc

Jeanne DÂrc

Anonymous said...

It sounds like Gappy is looking for an excuse.

Anonymous said...

Exactly,you know any thing that have to do with the person of Chris seems to be a personal problem for Gappy.He is so pathetic that instead of reading the constitution he wants a personal explanation form Chris.What is it that is unclear Gappy that you need an extra expalnation? My niece of five years understand the article without problem,what is it so difficult Gappy?

Jeanne D'Arc

Anonymous said...

Gill write Gappy in KREOL so there will be no more excuses!
If HE don't understand,he will need to ask Madenm CHOPPY.

Anonymous said...

I understand the frustration of all those concerned.

However, please remain calm and patient.

Mr. Gappy has raised one single issue, by operation of law and legal interpretation, it precludes him from raising any other issues.

However, that does not mean we will not be bamboo -zooed in the Courts.

Having said that, being bamboo - zooed does not hurt us, we are all strong in mind and spirit; it only hurts the impressions of the Public and International Community of our structures of state, which already, do not look very democratic or healthy.

Remain strong, calm and patient for Seychelles.

We remain optimistic.

Seselwa Unite!

Sesel Pou Seselwa!

Christopher Gill

Anonymous said...

Pes papa Gill.

Anonymous said...

...errrr..I mean YES Papa Gill..

Anonymous said...

Register SFP Mr. Gappy!

The clarification shows there is no other issue at hand.

Let's move on!

Anonymous said...

SFP will never be registered, get lost idiots!

Anonymous said...

This is a mere attempt to delay the process so that SFP hopefully(in the eyes of Gappy) may get a reply after the deadline for registration in order to participate in the coming election. Upon receipt he will take his time to process the reply and registration.

I can only recommend SFP to be patient and reply in a correct and clarifying manner. That way there will be no excuses for further delay. Chances are hower that Gappy will look for an excuse to make it unconstitional, hence have a reason to deny registration.

DG

Anonymous said...

Article 7.

Les personnes qui, immédiatement avant l'entrée en vigueur de la présente constitution, possédaient la citoyenneté seychelloise en raison de leur naissance, de leur ascendance, de leur naturalisation ou de leur immatriculation la conservent dès lors au même titre par application du présent article.

So its clear what we mean with bonafide.

Jeanne DÂrc

Anonymous said...

Gappy could have sought legal consul advise on the terms definition.

It is not proper for him to delay SFP registration.

Anonymous said...

Gappy could have sought legal consul advise on the terms definition.

It is not proper for him to delay SFP registration.

Anonymous said...

Agreed with last comment. Commonwealth Observers said clearly in the LUNGOS meeting and in the Report that Commissioner must facilitate the democratic process, not stifle it or trip it up so to speak.

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