The Christopher Gill's Column

Our Constitution 15 Years On

Constitutions Are For Citizens

Constitutions are drafted for the citizens of a Country not for the Central Committee of a political party. The aspirations of the People of Seychelles are set out in the Preamble of our Constitution. In that Section, we recognized the divisions we faced and pledged to end them in a new spirit of cooperation and compassion for others. For not unto ourselves are we born. But what happened in 15 years SPPF? Did you forget those lovely words?

The Democratic Dictatorship

When read, taking into consideration political current state in Seychelles, the Third Republic Constitution is self-serving to SPPF leadership and those that immediately follow them. Today, 15 years on, we have a Democratic Dictatorship under this Constitution, not the one we signed, but the one as amended by them.

SPPF Can Cancel Presidential Elections

Under the Constitution as amended by them, it will be hard if not impossible to win a slim victory against SPPF. We will have to beat SPPF convincingly at the Polls to remove their scourge on our Nation. If SPPF ever feels they will loose a Presidential Election, under today’s Constitution as amended in 2000, an Election can be canceled. Where in the free World does that happen?

What Happens Next

Once the President cancels Elections, the Opposition will be in the streets, with their Leaders leading the protest. Then SPPF will use SSU or what ever it will be called then to tear gas and shoot the protesters. If the protest leader is also the Presidential Candidate, a sniper can be brought in to finish off his campaign. Then in 30 days, Elections can be called again, without the leader. This can happen under today’s Constitution. The Commission of Inquiry can be called after the results of the Election. Then SPPF can wear you down for another 10 years. We have seen similar tactics in Pakistan and now in neighboring Kenya play themselves out. The script is not new, just the players are different here.

Unfortunately, under the existing Constitution as amended by SPPF, if at the close of the polls a candidate dies before the results of the Elections are announced, the Electoral

Commissioner must proceed with the count and announce the results not withstanding the death of the candidate. Just a thought you may want to know that about our Constitution. As we move away from the Rene Era slowly but surely, Presidential candidates that do poorly from SPPF beware. Candidates that do too well from the Opposition, beware, death lurks in the pages of the Constitution as amended in 2000.

We Do Not Have To Take Down This Road

President Michel has an opportunity to change this game plan. But his party must allow him to. Level the playing field. Make Seychelles a better Country. To make it a model for democracy President Michel will have repeal parts of the Constitution of The Republic of Seychelles (Fifth Amendment) ACT, 2000 enacted before his presidency.

Rene Overshadows Our Constitution

15 Years on, Rene has retired from official office. It is said he still runs the show unofficially. If this is so, then on his part it is a tacit abrogation of the Constitution he helped write in 1993. Today, it is alleged that he ordered the Speaker of the National Assembly to “follow” the Constitution and up hold it in the interest of eliminating the Democratic Party from the political process. He appears to be like an invincible spirit that lords over our Constitution.

He does not appear on any constitutional office anymore. But Constitutional offices call him for instruction and guidance. It is as if he holds a supra-constitutional office. Judges fear him, and very likely take orders from him. Law Reports have not been updated since 1994, but Judges remain silent. This is like a Police Officer going to work without pants on. The Court does not have adequate budget to deliver Justice effectively, but remains silent. Rene is seen popping up to State House more often than some workers on the pay roll there. He has his Birthday Party at State House every year, which is beyond any provision of our Constitution. President Michel does not celebrate his birthday at State House and Mr. Mancham would never think of doing the same. Rene has taken over implied control of the Court of Appeals by appointing his own close political associates for over 30 years to the Bench. His long time serving loyal attorney was in charge of appointing constitutional appointments for most of 15 years our Constitution has been in force. The Armed Forces is heavily concentrated at Barbaron Base where he lives and this leaves even the President of Seychelles vulnerable and out gunned and out soldiered 4-1. Islands, one after another, have been leased to his friends, family or controlled by the same. Islands which he once told us in the Constitutional Conference on SBC, were special nature reserves and should not be touched, have been ravaged by cronies.

Our Constitution has been able to do nothing to prevent all this because many parts of it functions for some, but not for others.

As Frank Elizabeth (Former DP MNA) was cornered and ambushed by SNP - SPPF National Assembly, the SPPF Courts, the Opposition has become a silent lamb under the Constitution. The DP has had to go beyond the reach of Rene to the Public Press to keep the light of Freedom and Justice burning for all Seychellois. There is still reason to hope.

Today, there is more opposition going on in the Seychelles Review and Seychelles Weekly, then in the National Assembly, in the little meetings Mr. Ramkalawan is apparently, told to hold, to keep the Opposition divided to please the ruling party. 15 Years on, there is nothing Rene likes more then to see a divided opposition. As Mr. Ramkalawan tries to divide the opposition, ignore his effort, because it is done to please SPPF. Find the strength to pray for him and do not curse him to please Rene. Forgive him of his trespass and his entry in the SPPF tea lounges at State House and the National Assembly. We must seek unity of purpose in spite of SPPF’s effort to shift our attention from the failing economy to the politics of diversion. As Mr. Ramkalawan runs to courts to defend his position, you will know who the divider is.

The Year of The Constitution is an example of diversion politics. Remember last years diversions” For The Love of Seychelles”, or in 2006, “Our Children Our Future”! Today, our children just received a 5% increase in support from Social Security, while SPPF and SNP dealt themselves a huge 34% increase in salaries.

Failing of announcing of a worthwhile round table initiative from President Michel, it will just be another diversion to take us away from our immediate problems. As Mr. President challenges us to be a democratic model for the Region and The World, don’t be surprised if we end up being a basket case for democracy under Michel and the SPPF, because we don’t know who runs the show…and time is now showing us, they don’t know how to run the show.

As I walked into National House to fetch a copy of the Constitution, I was told by a nice honest lady, “Sir, we only have one copy, because we are short of paper and it is expensive”. I quickly remembered President Michel telling us recently to go get a copy of our Constitution to learn more about it.

You can fool some of the people, some of the time, but you cannot fool all the people, all of the time.

May God Bless All Freedom Loving Seychellois!