November 10, 2006

INTERVIEW: A.G. Antao, counsel for Mrs G. Amesbury

I really believe that I can make a difference no matter what the challenges are

Seychelles Weekly:  Tell us a little about yourself

AGA:   There isn’t a lot to tell. You already know what I do professionally maybe what you probably do not know is that, I really believe that I can make a difference no matter what the challenges are.

LNSW: What is the basis of that belief?

AGA:  Faith in God and in the people of Seychelles. If you read the Preamble to our Constitution you will see that it starts with “We the people of Seychelles” and it ends with  “Hereby adopt and confer upon ourselves this Constitution as the fundamental and supreme law of our sovereign and Democratic Republic.”  As a Seychelloise who adopted and conferred upon herself the Constitution I consider it my solemn duty to defend the principles it enshrines.

LNSW: Which principles enshrined in the Constitution do you consider most important?

AGA: You really want to know? That Seychelles is a Democratic Republic, that the Constitution is the Supreme law, the Seychellois Charter of Fundamental Rights, the independence of the judiciary.

LNSW: In your view is Seychelles a Democratic Republic?

AGA:  That is not a fair question now is it? Before I can answer that question maybe we need to look at hallmarks of democracy and ask ourselves whether Seychelles has any of it. Do we have good governance? Do we have transparency? Do we believe in the Rule of law? Do we have an independent judiciary? Do we have freedom of expression? Do we have an informed public opinion? Is the Constitution the supreme law? If the answer to any of the above is “No” what is each one of us doing to make Seychelles a Democratic Republic?

LNSW: What, in your view, is the greatest impediment to democracy in Seychelles?

AGA: In my view the judiciary is the most powerful branch of the State, and a competent, and impartial judiciary that realizes its power and asserts its independence is the greatest asset to a democracy, reverse that, and you have the greatest impediment to democracy.

LNSW: Why did you bring a Constitutional case against the Chief justice?

AGA:  Wrong. I did not bring a constitutional court case against the Chief Justice.  I act on instructions from my client. That said, I also believe as indicated above that it is my solemn duty as a lawyer and a Seychelloise who adopted and conferred upon herself this constitution as the supreme law of the land to defend the principles it enshrines. One of those principles is the right to a fair and public hearing in a court established by law.

LNSW: The Chief Justice is the highest judicial officer in the land.

AGA:  And like everyone else in the land he is subject to the Constitution. Can we now stop this line of questioning. Like the rest of us the Chief Justice is entitled to a fair hearing. Trial by the media is not in my view a fair hearing in a court established by law.

LNSW: We understand that it is the Supreme Court judges that sit as judges of the Constitutional court. Can you comment on that?

AGA:  Seychelles has a very small pool of judges and in principle I see nothing wrong with that as long as the judges remember that they are now wearing their “constitutional hats” and their role once in the constitutional hat is to uphold and enforce the constitution. Not an easy task when you bear in mind that in that role they might be called upon to quash an executive decision or declare a piece of legislation null and void for failing the test of constitutionality.

LNSW: We know that on two separate occasions you submitted applications to the CAA to be recommended for a judgeship. Do you think you will ever be appointed judge?

AGA: Did I not say at the beginning that I have faith in God and the people of Seychelles?

LNSW: Sorry to press you a little harder on this one. What kind of judge do you think you would make?

AGA: How many different kind of judges do you know? Isn’t this a bit like asking me to blow my own trumpet?

LNSW: Why? Would you not like to blow your own trumpet, as you put it?

AGA: Bearing in mind what I have already said you should have an idea of the kind of judge I would make. I would breath life into the Constitution because as a Seychelloise who adopted and conferred upon herself the Constitution as the supreme law of the land it is my solemn duty to ensure that the principles it enshrines is interpreted in such a way as to make Seychelles the Democratic Republic the Seychellois want it to be.

LNSW: Mrs. Antao thank you very much for your time.

AGA: Thank you.

Copyright 2006: Seychelles Weekly, Victoria, Mahe, Seychelles