Dr Mathilda Twomey provides TRNUC commissioners with general context information |29 July 2021

Dr Twomey

Dr Mathilda Twomey was the only person to appear in the Truth, Reconciliation and National Unity Commission’s public session yesterday, to provide general context information about the situation in Seychelles during the one-party state and thereafter, and in particular, her experiences as a member of the legal profession, and a participant in the negotiations for the adoption of a new Constitution following the reintroduction of the multi-party system.

Chairperson of the commission Gabrielle McIntyre in inviting Dr Twomey to provide her version of affairs, said she would like Dr Twomey’s insight on a speech by late former President France Albert Rene who assumed power on June 5, 1977 following a coup D’Etat, whereby he said “there’ll be no change. I’ll be gone if there is a change” and her sense about the level of change at that time.

“I think change was incremental. It was little by little. I am not sure that Mr Rene realised that when he started the transition that it would end in these consequences which took place later. There was as you know a reason why he had to change, from a one-party system to a democratic, multi-party system. We did not have money, we faced international pressures to change, and I don’t think Mr Rene had any other choice but to adopt these changes,” said Dr Twomey.

“But to adopt these changes, there were certain legal and Constitutional measures that needed to be put in place for this to happen. And he also had to accept that Mr James Mancham would be returning to Seychelles,” Dr Twomey commenced.

Moving on to talk about 1991 and 1992, Dr Twomey stated that she didn’t return to Seychelles until 1987, where she worked with the Attorney General’s Office. She, at the time, had no role in the first series of discussions pertaining to the Constitution, which were held at National House under the chairmanship of Minister Joseph Belmont, although, even as a mere bystander, she posed questions and was very active in making her voice heard. Based on her enthusiasm, members of the Democratic Party (DP) would often call her ahead of discussions for her input.

With regards to how she came to be involved in the process, Dr Twomey noted that following the first referendum which rejected the first draft of the Constitution, Mr Mancham called and asked whether she would be interested to be involved in the discussions, an offer which she accepted. To work on the first draft of the proposed Constitution, Dr Twomey met with Mr Mancham and party members at Soleil d’Or every night where they would work until around 2am.

“In fact, the SPPF party intercepted and knew what we had in our draft, even before it was discussed. It was like cat and mouse the way we were playing with each other. The first big thing which separated us was the Charter for Human Rights. Existing Constitutions did not have a Charter of Human Rights. In the first Constitution, there was not and in the second when Mr Rene was ruling by decree, there was an Aspiration Charter, and one could not claim their rights, it just stated that they would engage to put these rights into practice. But there was no charter like there is now to bring a matter to court,” Dr Twomey noted, adding that the charter was the major point of contention at the time.

Dr Twomey went on to add that she was very vocal in defending the necessity to have a charter, and often offended the Seychelles People’s Progressive Front (SPPF) party, where she would highlight abuses and violations to human rights that occurred under the rule of President Rene, something which was very much taboo at the time, but which eventually opened up avenues for other citizens to do so, she said. She recalled that Daniel Belle and Paul Chow, who have both appeared before the commission, were also audacious and proactive in the constitutional debates.

With regards to the electoral process, Dr Twomey noted that she was against the first past the post system as it had in the past caused a lot of bipolarisation in Seychelles. She recalled that both DP and SPPF were confident that they would win the elections, and were thus in agreement that the first past the post system is most suitable. Mr Rene kept the DP members and lawyers, Mr Mancham, Dr Twomey herself, Nichol Gabriel and Pesi Pardiwalla on their toes, and was always two steps ahead, she said.

Reconciliation was still an objective at the time she said, as evidenced by Schedule 7, which provides a timeframe for persons whose properties had been acquired for reasons not in the public interest to make their demands for compensation at market value, up to a year after the enforcement of the Constitution. The Constitution was adopted in 1993, but failed to provide for human rights violations and a means by which citizens who had suffered violations and abuses to claim compensation.

The judiciary was in the beginning very timid in allowing people to claim their rights with lots of technical defence, legal objections and in the event of major violations, a minor or “ridiculous” compensation. The mentality change did not occur until around the year 2000, within the judiciary, Dr Twomey said.

At one point the Bar Association protested against the system and interference within the judiciary, after Dr Twomey was, in the course of carrying out her duties at the police station, pushed against a wall, had her blouse torn and was threatened with a gun by a Police Mobile Unit (PMU) officer.

“I will not hide the fact that I had no faith in the judiciary from the 1990s upwards. I didn’t see why I should work in such a country. I got into a lot of arguments, and just as I was audacious in the Constitution, I was just as audacious before the judges,” Dr Twomey said.

She also told the commission that she left Seychelles in 1995, under difficult circumstances, and in her absence, many things happened in relation to the Constitution, not necessarily for the betterment of citizens.

Dr Twomey went on to note that when she was appointed Chief Justice, her only objective was to apply the rule of law. She also addressed with the commissioners the present day situation within the judiciary, the shortage of lawyers on the market, and other processes such as legal aid.

The commission will return in open session as of 11am this morning.

Laura Pillay