Supreme Court celebrates 120 years |21 June 2023
The audience
To celebrate 120 years of the Supreme Court and 30 years of the Constitution, a symposium was held at the Palais de Justice yesterday morning, where key figures of the judiciary addressed the guests.
Chief Justice Rony Govinden touched on the history and lineage of the Supreme Court, citing it was created in 1903 by an order in council when the country became a separate crown colony from Mauritius.
“In regards to power, authority and jurisdiction, nothing has changed. Our function, our power, our authority has remained the same since 1903,” he stated.
CJ Govinden said that this is significant as it is the oldest institution in Seychelles. “Governors have come and gone, the legislative assembly have come and gone and now it is the National Assembly and we are here. The Judicial system has remained the same.”
However, despite staying the same, the constitutional and political system have changed, explained CJ Govinden.
He noted that despite the fundamentals remaining the same, the appointment of people for different functions changed by the constitution of 1976-1979.
“We are seeing a constant evolution, which makes it so that we are staying the way we are but we have been seeing the constitutional change that we have to adapt with as a court.” He said the day was one of reflection to look at the past and learn from the weaknesses, especially during the time where there was no separation of power.
“Even though we were there, we were constrained, because at court we apply the law we do not make the laws,” he said.
CJ Govinden also mentioned that the Supreme Court has been localised and all the judges are Seychellois, compared to the colonial time, when all the judges were British and even under the constitution of 1976-1979, where the majority of judges were foreigners.
He stated that although this is a good thing, there are other areas which could use some improvement.
“A Seychellois judge is someone who knows their coaching, who knows their people and the way that they react and they know the way of the creole. A foreign judge knows the law but they do not know the cultural and social aspect of things,” he stated.
CJ Govinden concluded by stating his vision was to see the country continue down the road where it has all started. Meaning to respect the fundamental laws, separation of power within the different branches of the government, respecting the institutions and to continue under the localisation process.
“A constitution is alive, it is moving, and we cannot stay with a constitution for 30 years like it is currently. If there are areas that we need to revisit, even with the judiciary, with consultation and the country and different stakeholders, to look at where we can fix things, we need to do it and we need to survive another 120 years.”
For his part, the Leader of Government Business in the National Assembly, Bernard Georges, spoke about the opportunity to reflect but also look into the future and how what is already there can be improved.
“The Seychelles judiciary may not be an old institution, the judiciary at 120 years has attained a degree of vulnerability.”
Mr. Georges asked a lot of philosophical questions about the Supreme Court, questioning certain areas where it could be changed. The theme of presentation questioned pertinent aspects of the 120 years of Supreme Court.
“As we reflect on the last 30 years and the last 120 years, it may be good to pause a little and examine these areas where change may be required. The CJ called on us to do justice,” he stated.
The President of the Court of Appeal, Justice Anthony Fernando, also gave his perspective on 120 years of the Supreme Court. He spoke lengthily about the role of the Court of Appeal in guaranteeing that the constitution is always followed and respected.
“The judicial part of Seychelles, according to the constitution, rests in the judiciary,” he stated.
“In the hierarchy of courts, the court of appeal is the apex of courts in the final appellant courts of Seychelles.”
He mentioned that it is the job to hear appeals from the Supreme Court and Constitutional Court.
“There is always a right of appeal in the Court of Appeal unless the National Assembly or the Constitution says otherwise.”
He discussed that even though the Court of Appeal is not a court of original jurisdiction, it has all the powers and authority of the Supreme Court when exercising its appellant jurisdiction.
Furthermore, he spoke that in order to secure the independence of the Justices and charges, the constitution has “laid down its safeguards, by specifying in the constitution itself the method of their appointment and the qualifications that they need to have cannot be halted to their disadvantage on the manner they could resign or the matter of which they could be removed from office”.
To conclude, he quoted Lord Dendling: “The prestige of the judiciary and their reputation and the stark impartiality is not at the disposal of any government or persons. It is an asset that belongs to the whole nation. As for us judges, it calls for a personal morality and ethical probity. It is the sacred godhead within us all that is the font of wisdom.”
For his part, the Attorney General, Frank Ally, said it was important to commemorate the event.
He stated that the Supreme Court has a very vital role to play in the democracy and the administration of justice.
“It is a role that is played often boldly, often with a lot of restraint, often disappointing for a lot of people but it is a role that is played. But it has to continue because judicial independence is very important.”
The President of the Bar Association, Divino Sabino, focused on the history of the Judiciary. “It is very educational not just for myself but for members of the public.”
Photos by Louis Toussaint
