Assembly approves amendments to Notaries Act and Suspension of Prescription and Time Limitation Period |07 May 2020
Notaries will now be permitted to be absent from their office without permission from the President of the Republic, for a period of 31 days, after the National Assembly yesterday approved the Notaries (Amendment) Bill, 2020.
Vice-President Vincent Meriton, joined by Attorney General (AG) Frank Ally, outlined the provisions of the amendment bill which proposed an increase in the number of days a notary can be absent from their functions without the permission of the President of the Republic, from three days to thirty-one days.
As per the Notaries Act 1995, a notary is a public officer appointed by the President of the Republic and their functions are detailed in the Act. As per the law, a notary who is to be absent for periods exceeding three days must inform the President of the Republic of their absence, as has been the practice since the law was enforced in 1805 to regulate the profession on account of the shortage of notaries at the time.
There are currently 46 notaries on the roll of notaries and 43 are currently exercising as lawyers under the Legal Practitioners Act.
VP Meriton proposed that the Bar Association is in favour of the amendment on account that there is no shortage of notaries presently, and clients can still communicate with notaries through various means afforded by digital technologies, urging the assembly to vote in favour of the amendment.
Honourable Bernard Georges, a notary himself, set out the roles of a notary, providing a brief historical account of the profession and how it has developed in Seychelles over the years since the French colonised the islands.
Assembly members sought clarifications on the appointment of notaries proposing that the law be further amended and modernised, although VP Meriton emphasised that the legal requirement that notaries be appointed by the President serves to demonstrate the important role that notaries play in society and that it is necessary to “valorise and respect notaries for the work they do in the legal domain”.
Similarly, AG Ally noted the good character requirement in order for a person to be appointed as a notary, noting certain requirements such as good organisational skills to safeguarding clientele documents.
He also noted that over the years, Seychelles has reduced the workload and responsibility for a notary but that in the unforeseen absence of the notary, the secretariat should inform the Office of the President of the extension of their absence.
AG Ally is also of the view that notaries should still be appointed by the President in his capacity as the Head of State, as the role is of utmost importance and indicates that the person is of integrity.
Honourable Clifford Andre pointed out that it is possible that an absence be prolonged for unforeseen reasons, for instance unforeseen medical circumstances to which Honourable Georges clarified that it is only when the person is desirous to be absent that the amendment applies and not to circumstances such as medical emergencies and such.
The motion for the extension of leave of absence for notaries from three days to 31 days was approved by majority vote.
Suspension of Prescription and Time Limitation Period (Temporary Provisions) Bill, 2020
The second amendment bill to be tabled before the assembly by Vice-President Meriton and AG Ally was the suspension and prescription on time limitation period, for instance for legal proceedings, amid the COVID-19 pandemic.
VP Meriton started off by noting that on March 20, Public Health Commissioner Jude Gedeon declared a national health emergency following the declaration on the World Health Organisation (WHO), categorising the COVID-19 as a pandemic. At the time, the department of health had confirmed seven cases of COVID-19 and as part of the measures and restriction enforced to stop the propagation of the virus, numerous offices, government departments and judiciary were forced to close and limit access to services. As a result of the prohibition on movement and the restriction on certain categories of businesses not considered essential, citizens were unable to take legal action, access tribunals or courts to put forth their case in the matter of time stipulated.
“The aim of the law proposes the suspension under any law the provision of prescription or limitation in which any process or legal matter should be initiated,” VP Meriton stated, providing the assembly with numerous examples where the amendment can apply.
Among the examples provided in which time limits and prescriptions will be waived include, the 30-day period in which an appeal can be lodged against a Supreme Court sentence, parents who have been unable to officially register their child within the stated time limit as well as business owners who may have been unable to abide by legal obligations such as license renewal payments on time, on account of the prohibition on movement and temporary closures of some offices.
VP Meriton also set out numerous instances in which the amendment to the law does not apply including time limits imposed by the courts during the suspension period as well as for public authorities who have been in operation and during the confinement period permitted the public to act as per legal obligations.
He revealed that numerous public service providers were consulted prior to the drawing up of the amendment, noting that other countries such as France, Turkey and Canada have also resorted to similar actions to suspend time limits, noting the importance of the provision during and in the wake of the COVID-19 pandemic.
The temporary suspension of the prescription period or time limitation period, within which any legal proceedings may be initiated or commenced, or any time limit within which any legal procedure, step or process ought to be completed in respect of any legal proceedings, or any time limit within which any procedure ought to be completed, taken or complied, with, under any written law of Seychelles was also approved by majority votes (as amended).
Laura Pillay