Mukesh Valabhji seeks review of latest amendment to Anti-Corruption Act, 2016 |22 November 2022

A petition was filed in the Constitutional Court on November 18, 2022 by Mukesh Valabhji seeking a review among all else of the constitutionality of Act 9 of 2022, the latest amendment to the Anti-Corruption Act, 2016, which resulted into new charges against him by the Anti-Corruption Commission.

The petition relates to the miscarriage of justice against Mukesh Valabhji as the said amendments have retrospective effect and they were enacted for the purpose of prosecuting Mukesh Valabhji.

The prosecution of Mukesh Valabhji by the Anti-Corruption Commission gave rise to a series of procedural irregularity and miscarriage of justice, breaching his right to fair hearing as guaranteed by Article 19 of the Constitution of Seychelles, and the right against discrimination as guaranteed by Article 27 of the Constitution.

Both Mukesh Valabhji and Laura Valabhji have also filed a complaint against the Commissioner of the Anti-Corruption Commission, May De Silva, as per the provisions of the Anti-Corruption Act, 2016, against her conduct in handling the case against them.

The Valabhji couple has indicated that they expect to file other constitutional petitions before the Constitutional Court in the near future, in respect of violations of their human rights guaranteed under the Constitution of Seychelles.

France Bonte & Samantha Aglae

Attorneys for Mukesh Valabhji & Laura Valabhji