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SEYCHELLES
National Assembly

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GENERAL INFORMATION ABOUT THE PARLIAMENTARY CHAMBER

Parliament name National Assembly
More photos  >>>
Structure of parliament Unicameral
Affiliation to the IPU Yes
Affiliation date(s) 2010 -
LEADERSHIP
President Patrick Herminie (M) 
Notes Re-elected on 11 Oct. 2011.
Secretary General Veronique Bresson (F) 
Notes 23.03.2010 -
COMPOSITION
Members (statutory / current number) 34 / 32
PERCENTAGE OF WOMEN


More statistics  >>>
Women (current number) 14 (43.75%)
Mode of designation directly elected 31
Term 5 years
Last renewal dates 29 September 2011
1 October 2011 (View details)
CONTACT INFORMATION
Address National Assembly
P.O. Box 734
Ile du Port
Victoria
Mahe
(Export mailing lists)
Phone (248) 428 56 00
Fax (248) 428 56 99
E-mail parlsg@seychelles.net
Website
http://www.nationalassembly.sc/

ELECTORAL SYSTEM

Parliament name National Assembly
Structure of parliament Unicameral
LEGAL FRAMEWORK
Electoral law 17 November 1995
Last amendment: 28/11/1996
Mode of designation directly elected 31
Constituencies 25 single-member constituencies.
Voting system Mixed: - 25 members directly elected by simple majority vote
- Remaining members (whose number must equal at least 27 per cent of the number of members elected under the majority system; currently fixed at nine) are nominated by political parties that obtain at least 10% of the total votes cast under the majority system. These parties are entitled to nominate one member for every 10 per cent of the votes polled.
By-elections are held within 30 days to fill seats which fall vacant between general elections, unless these occur within three months of a scheduled polling period.
Voting is not compulsory.
Voter requirements - Age: 18 years
- Seychelles citizenship
- Residence in the country
Disqualifications: insanity, conviction for a crime, imprisonment exceeding six months.
CANDIDATES
Eligibility - Qualified voters
- Age: 18 years
- Seychelles citizenship
Ineligibilities:
- Any person involved in the conduct of National Assembly elections
- Any person involved in the registration process of National Assembly elections
Incompatibilities - President of the Republic
- Minister of government
Candidacy requirements - Membership of a political party
- Support of at least 50 voters
- Reimbursable deposit equivalent to US$ 300

LAST ELECTIONS

Parliament name National Assembly
Structure of parliament Unicameral
BACKGROUND
Dates of election / renewal (from/to) (from/to)29 September 2011
1 October 2011
Timing and scope of renewal Elections were held for all members of the National Assembly following the early dissolution of this body on 19 July 2011. Elections had previously been held in May 2007.
Early elections to the National Assembly were held between 29 September and 1 October 2011. They were constitutionally due by April 2012.

In the previous elections held in May 2007, President James Michel's Seychelles People's Progressive Front (Parti Lepep, SPPF), in power since 1977, took 23 seats in the 34-member National Assembly. The opposition Seychelles National Party (SNP), which fielded candidates jointly with the Democratic Party, took the remainder.

In the presidential elections held in May 2011, President Michel triumphed over Mr. Wavel Ramkalawan (SNP). The latter, who had accused the President of corruption and vote-buying during the election campaign, contested the election results. The government denied the allegation and the SNP started to boycott parliamentary sessions.

On 12 July, the National Assembly adopted a motion to dissolve itself in view of early elections. The support of two SNP members helped the SPPF to pass the motion, which required a two-thirds majority of votes.

The SNP argued that the dissolution was unconstitutional due to procedural errors. Furthermore, Speaker Patrick Herminie (SPPF) rejected a request from the SNP to unseat the two SNP members who had voted for dissolution. SNP leader Ramkalawan subsequently brought both issues before the Constitutional Court.

On 19 July, the Constitutional Court ruled that the vote on the dissolution of the National Assembly was invalid as notice for the vote had not been given in accordance with the law and the regulations governing such a vote.

Speaker Herminie accepted the court ruling and suggested that the National Assembly hold another vote duly respecting the requirements rather than appeal to the Supreme Court. Later the same day, the National Assembly voted to dissolve itself, thus paving the way for a general election within 90 days. Elections were subsequently called for 29 September to 1 October.

On 22 August, the SNP announced that it would boycott the 2011 elections, calling on the government to postpone them. It argued that the current electoral system allowed the government to have an electoral advantage, and that the electoral system should therefore be reformed before new elections. Among other things, it demanded the independence of the electoral commission. The Deputy Secretary-General of the SNP, Mr. David Pierre, subsequently quit the SNP and formed the Popular Democratic Movement (PDM) with a view to participating in the 2011 elections.

President Michel called on voters' support for the SPPF in order to pursue the democratic development of the country. He pledged to forge national unity for a "new Seychelles". He regretted the SNP's decision to boycott the election and praised PDM leader Pierre for his willingness to be part of the democratic process and to give a voice to the opposition.

The PDM pledged to offer a "different opposition approach" and to push for electoral reforms. It underscored the need for an opposition in the National Assembly in a democratic country.

In all, 74.25 per cent of the 69,500 registered voters turned out at the polls, down from 85.90 per cent recorded in 2007.

The Southern African Development Community (SADC) said that the electoral process and procedures were "credible and transparent".

In addition to the 25 seats filled under the majority system, up to ten compensatory seats may be allotted to parties that obtained more than 10 per cent of the valid votes. The SPPF took a total of 31 seats: all 25 constituency seats and six compensatory seats. The PDM failed to win seats under either system. It won more than 10 per cent of the total number of votes, but less then 10 per cent of the valid votes.

The PDM argued that each party's share of valid votes should be used to calculate the threshold to win seats under the proportional representation system and subsequently submitted an appeal to the Constitutional Court.

On 11 October, the newly elected National Assembly held its first session and re-elected Mr. Patrick Herminie (SPPF) as its Speaker.

On 25 October, the Constitutional Court rejected the PDM's appeal. The PDM subsequently appealed to the Court of Appeal.

On 9 December, the Court of Appeal ruled in favour of the PDM's appeal and ordered the Election Commission to grant it one seat. The PDM member was sworn in on 15 December and subsequently elected Leader of the Opposition. The Court also ordered to allot two more seats to the SPPF which had taken over 80 per cent of valid votes but had been allotted only six seats under the proportional representation system. As of 15 December the additional SPPF members had not been nominated.
STATISTICS
Voter turnout
Round no 1 (from/to)29 September 2011
1 October 2011
Number of registered electors
Voters
Blank or invalid ballot papers
Valid votes
69'480
51'592 (74.25%)
16'447
35'145
Notes
Distribution of votes
Round no 1
Political group Candidates Votes % of votes
Seychelles People's Progressive Front (Parti Lepep, SPPF) 31'123 88.56
Popular Democratic Movement (PDM) 3'828 10.89
Distribution of seats
Round no 1
Political Group Total of seats Majority Proportional
Seychelles People's Progressive Front (Parti Lepep, SPPF) 33 25 8
Popular Democratic Movement (PDM) 1 0 1
Distribution of seats according to sex
Men

Women

Percent of women
17

14

45.16%
Distribution of seats according to age
Distribution of seats according to profession
Comments
Sources:
National Assembly (11.10.2011, 13.12.2011)
http://www.nation.sc/
http://www.ecs.sc/pages/elections/Default.aspx
http://www.sppf.sc/pl/index.php?option=com_content&view=article&id=200:parti-lepep-candidates-for-2011&catid=3:newsflash

Note on the number of women:
Women won 11 of the 25 seats filled under the majority system and three women were nominated under the compensatory seats, bringing the total number of women to 14 out of the full 31 members (45.16%).

PRESIDENCY OF THE PARLIAMENTARY CHAMBER

Parliament name National Assembly
Structure of parliament Unicameral
APPOINTMENT AND TERM OF OFFICE
Title Speaker of the National Assembly
Term - duration: 5 years (term of House)
- reasons for interruption of the term: resignation, death, dissolution
Appointment - elected by all the Members of the Assembly
- the election is held at the first sitting of the newly elected Assembly or when a vacancy occurs
- before the Members are sworn in
Eligibility - any Member of the Assembly can be elected
- candidatures must be submitted by a third party who is himself a Member of the Assembly
Voting system - if only one candidature is submitted : the candidate is elected without a vote or debate
- if two candidatures are submitted : a vote by secret ballot is held. The candidate obtaining the majority is elected
- if more than two candidatures are submitted : a vote by secret ballot is held. The candidates obtaining a greater proportion of the votes cast than the aggregates of votes obtained by the other candidates is elected.
Procedures / results - the Clerk presides over the Assembly during the voting
- the Clerk assisted by the two eldest Members of the Assembly supervises the voting
- the Clerk announces the results without any delay
STATUS
Status - in the absence of the Speaker, the Deputy Speaker can assume his/her role and functions
Board
Material facilities NA (no information received)
FUNCTIONS
Organization of parliamentary business - establishes and modifies the agenda, in the framework of the Standing Orders
Chairing of public sittings - can open, adjourn and close sittings, in the framework of the Standing Orders
- ensures respect for provisions of the Constitution and Standing Orders
- makes announcements concerning the Assembly
- takes disciplinary measures in the event of disturbance, and lifts such measures
- establishes the list of speakers, gives and withdraws permission to speak
- establishes the order in which amendments are taken up and selects which amendments are to be debated
- calls for a vote, decides how it is to be carried out, verifies the voting procedure and cancels a vote in the event of irregularities
- checks the quorum
- interprets the rules or other regulations governing the life of the Assembly
Special powers - is responsible for safety, and in this capacity, can call the police in the event of disturbance in the Assembly
Speaking and voting rights, other functions - takes part in voting, in the event of tie only

PARLIAMENTARY MANDATE

Parliament name National Assembly
Structure of parliament Unicameral
NATURE
Nature of the mandate
Start of the mandate · When the results are declared
Validation of mandates · Validation by the Constitutional Court only in case of challenge by election petition (Art. 82 (1) (a) of the Constitution of 21.06.1993, as amended up to and including 01.08.1996)
· Procedure (Art. 82 (1) (a), (2), (4), and (5) of the Constitution, S. 44 (2) to (8), and 45 to 47 of the Elections Act, Presidential Election and National Assembly Election (Election Petition) Rules)
End of the mandate · On the day when the legal term of the House ends - or on the day of early dissolution (Art. 81 (1) (a) in connection with Art. 106 (2), 110, and 111 of the Constitution)
Can MPs resign? Yes · Yes, of their own free will (Art. 81 (1) (b) of the Constitution)
· Procedure (Art. 81 (1) (b) of the Constitution): notice in writing to the Speaker
· Authority competent to accept the resignation: the Speaker
Can MPs lose their mandate ? Yes (a) Loss of mandate for disqualification or incompatibilities (Art. 81 (1) (c), (e) in connection with Art. 80 and 113 of the Constitution; Art. 81 (1) (f) and (g), and (2) of the Constitution): e.g. disqualification by judicial conviction of illegal practice under the Elections Act
(b) Loss of mandate for absence from Seychelles or during a session of the Assembly (Art. 81 (1) (d) of the Constitution, see also Participation in the work of Parliament)
(c) Revocation by a political party/change of party membership (Art. 81 (1) (h) to (j), and (3) of the Constitution)
(d) Death (Art. 81 (1) (k) of the Constitution)
(e) General procedure (Art. 81 (5) to (7), Art. 82 (1) (b), and (3) to (5) of the Constitution)
STATUS OF MEMBERS
Rank in hierarchy
Indemnities, facilities and services · Diplomatic passport for the Speaker, official passports for the other MPs
· Basic salary (MPs other than the Speaker, the Deputy Speaker, or the Leader or the Opposition, Art. 105 of the Constitution): SCR 6,000 per month
+ Additional allowance (MPs other than the Speaker, the Deputy Speaker, or the Leader or the Opposition, Art. 105 of the Constitution): SCR 2,000 per month
· Income tax system does not exist in general.
· Pension scheme (Art. 105 of the Constitution)
· Other facilities: Travel and transport
Obligation to declare personal assets No
Parliamentary immunity - parliamentary non-accountability · The concept does exist (Art. 102 (1) and (5) of the Constitution).
· Parliamentary non-accountability applies to words spoken and written by MPs both within and outside Parliament, provided that this is done under the authority of the National Assembly.
· Derogations: proceedings in the Assembly (Art. 102 (1) of the Constitution), contempt of Parliament in cases of disobedience to rules or orders of the House (National Assembly (Privileges, Immunities and Powers) Act; see Discipline)

Parliamentary immunity - parliamentary inviolability · The concept does exist (Art. 102 (2) to (4) of the Constitution).
· It applies to criminal and civil proceedings, covers all offences and protects MPs only from arrest, from being held in preventive custody, and from the opening of judicial proceedings against them in so far as the performance of the functions of the Member are called into question.
· No derogations are foreseen.
· Protection is provided only during sessions and also covers judicial proceedings instituted against MPs before their election in so far as they interfere with the performance of the functions of the Member in the Assembly.
· Parliamentary immunity (inviolability) cannot be lifted.
· In the event of preventive custody or imprisonment, the MPs concerned can be authorised to attend sittings of Parliament (Art. 102 (3) of the Constitution)

EXERCISE OF THE MANDATE
Training · There is a training/initiation process on parliamentary practices and procedures for MPs.
· It is provided by political parties and/or the office of the Clerk to the Assembly.
· Handbook of parliamentary procedure:
- National Assembly Standing Orders (1994)
Participation in the work of the Parliament · It is not compulsory for MPs to be present at plenary sittings or committee meetings.
· Penalties foreseen in case of failure to attend sessions (Art. 81 (1) (d) (ii) of the Constitution): loss of mandate
Discipline · The rules governing discipline within Parliament are contained in SO 46 to 51, and 91 of the National Assembly Standing Orders, and in the National Assembly (Privileges, Immunities and Powers) Act.
· Disciplinary measures foreseen:
- Call to order (SO 46 (2) of the National Assembly Standing Orders)
- Direction to discontinue speaking (SO 47 (1) of the National Assembly Standing Orders)
- Order to withdraw from the Assembly for the remainder of that day's sitting (SO 47 (2), and SO 50 of the National Assembly Standing Orders)
- Naming and suspension (SO 48 (1) to (5), and SO 49 to 50 of the National Assembly Standing Orders)
- Adjournment of the Assembly, suspension of the sitting (SO 51 of the National Assembly Standing Orders)
- Other measures (SO 48 (6) of the National Assembly Standing Orders)
· Specific cases:
- Contempt of Parliament in cases of disobedience to rules or orders of the House (National Assembly (Privileges, Immunities and Powers) Act): reprimand, suspension (penal jurisdiction)
· Competent body to judge such cases/to impose penalties (SO 46 (1) of the National Assembly Standing Orders):
- Call to order, direction to discontinue speaking, order to withdraw from the Assembly for the remainder of that day's sitting, naming, adjournment of the Assembly, suspension of the sitting: the Speaker
- Suspension, other measures: the National Assembly
- Contempt of Parliament in cases of disobedience to rules or orders of the House: the National Assembly, the Attorney-General
· Procedure:
- Call to order (SO 46 (2) of the National Assembly Standing Orders)
- Direction to discontinue speaking (SO 47 (1) of the National Assembly Standing Orders)
- Order to withdraw from the Assembly for the remainder of that day's sitting (SO 47 (2), and SO 50 of the National Assembly Standing Orders)
- Naming and suspension (SO 48 (1) to (5), and SO 49 to 50 of the National Assembly Standing Orders)
- Adjournment of the Assembly, suspension of the sitting (SO 51 of the National Assembly Standing Orders)
- Other measures (SO 48 (6) of the National Assembly Standing Orders)
- Contempt of Parliament in cases of disobedience to rules or orders of the House (National Assembly (Privileges, Immunities and Powers) Act, SO 91 of the National Assembly Standing Orders)
Code (rules) of conduct · This concept does not exist in the country's juridical system but there are some relevant provisions (National Assembly (Privileges, Immunities and Powers) Act, SO 90 and 91 of the National Assembly Standing Orders).
· Penalties foreseen for violation of the rules of conduct (= contempt of Parliament in cases of misconduct of Members): penal jurisdiction:
- Reprimand
- Suspension from the House
- Proceedings instituted by the Attorney-General
· Competent body to judge such cases/to impose penalties: the National Assembly, the Attorney-General
· Procedure (National Assembly (Privileges, Immunities and Powers) Act, SO 91 of the National Assembly Standing Orders).
Relations between MPs and pressure group · There are no legal provisions in this field.

This page was last updated on 16 December 2011
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