Assembly approves three amendment Bills to allow new Civil Code to come into force |24 June 2021

Members of the National Assembly yesterday discussed and approved three amendment Bills to allow for the new Civil Code of Seychelles to come into force.

Vice-President Ahmed Afif presented the Civil Code of Seychelles (Consequence of Enactment) Bill, 2021, the Curatelle Bill, 2021 and the Civil Code Amendment Bill, 2021 for the Assembly’s consideration and approval.

Presenting the three Bills, VP Afif noted that it was on August 4 last year that the Sixth National Assembly voted to approve the Civil Code of Seychelles Act 2020. On November 23, President Wavel Ramkalawan assented to the Act which was later published in the Official Gazette on January 4, 2021.

The VP explained that even though all these formalities have been carried out, the Civil Code of Seychelles Act 2020 has not yet come into force. So for the important document to come into force it is therefore necessary for the three Bills to be considered, debated and approved by the National Assembly.

“Our citizens are patiently waiting for the Civil Code of Seychelles Act 2020 to come into force and it is the intention of the President that it comes into force on July 1 if the National Assembly approves the three amendment Bills,” VP Afif stated in his presentation.

The Civil Code of Seychelles (Consequence of Enactment) Bill, 2021 complements the Civil Code of Seychelles Act 2020, (Act 1 of 2021).

It provides for the amendments to other Acts that are required as a consequence of the enactment of that Act. The provisions affected are those that have been superseded by the Civil Code of Seychelles Act, 2020 (Act 1 of 2021); that are misplaced in the Civil Code of Seychelles Act (Cap. 33); and by this Act inserted into an Act appropriate to their subject matter;

- for the repeal of Acts whose substance is in the Civil Code of Seychelles Act, 2020 (Act 1 of 2021);

- matters necessary to the transition from the Civil Code of Seychelles Act (Cap. 33) to the Civil Code of Seychelles Act, 2020 (Act 1 of 2021).

The object and purpose of the Curatelle Bill, 2021 is to align the present law relating to Curatelle with the provisions in the revised Civil Code of Seychelles Act, 2020 (Act 1 of 2021), which relate to the role of executors.

The Bill gives more express guidance to executors for the performance of their duties and gives the Curator the power to appoint executors and supervise the performance of their functions. The Bill also provides expressly for the situation where there may be a conflict of interest between the Curator and those whose interests the Curator is to protect.

Simply put, the Curatelle Bill addresses mainly issues related to succession of properties and other assets of people who die and do not leave any heirs, citizens who live abroad for many years leaving no address and no contact with anyone, properties and assets of which no one knows who their rightful owners are… As per the law such assets and successions are administered and managed by an officer called ‘Curator of vacant estates’. One of the amendments in the Bill provides for the said officer to be called simply a Curator as he or she will have more functions to discharge.

“Another remarkable provision being proposed by the Curatelle Bill is more flexibility for the Supreme Court to allow the Curator permission to sell real estate without going through an auction process,” VP Afif explained, giving more details relating to the process.

The Curator will be appointed by the President among candidates proposed by the Constitutional Appointment Authority, he or she should be a person with legal experience and qualified for a judicial appointment more precisely as Master of the Supreme Court. Another provision of the Bill is that the Curator will appoint the executor of a succession. As thing stands now, it is the Master of the Supreme Court or a judge who can appoint an executor.

VP Afif pointed out that the amendment will speed up the process to appoint an executor to give him or her access to the assets of the deceased to start administering the succession.

VP Afif remarked that the amendments among others will make these processes simpler for our citizens.

With regard to the Civil Code Amendment Bill, 202, it aims to complement the Curatelle Bill as among other things it will amend the Civil Code Act of Seychelles, 2020, (Act 1 of 2021) to ;

- insert the amendments that were made to the Civil Status Act (Cap. 34) by the Civil Status (Amendment) Act, 2018, (Act 6 of 2018) and which were inadvertently omitted in the Civil Code of Seychelles Act, 2020 (Act 1 of 2021);

- align the provisions of the Civil Code of Seychelles, which is a schedule to the Civil Code of Seychelles Act, 2020, (Act 1 of 2021) with the provisions of the Curatelle Bill, 2021, 1, under which the Curator will appoint executors and fiduciaries.

Following the presentation of the Bills, Assembly members spent almost the whole day yesterday in committee stage to discuss the different amendments and seek clarification on different points and issues raised. Also in the Assembly to provide clarity on the different issues raised was Attorney General Frank Ally.

Marie-Anne Lepathy