In the most blatant act of arrogance and self-importance ever recorded in the history of Seychelles, Herminie ruled on Tuesday that he is the only person who is above the law in the world! This come after this paper wrote in its editorial last week that no one is above the law, not even the President. The Rule of Law is always omnipotent. We even quoted a British judge as saying: “Be you ever so high, the law is always above you.” But Herminie was not deterred. He gave the ruling after the Leader of the Opposition had conveniently called upon the Speaker to rule on a matter of privilege in the National Assembly after he, together with Herminie, were served simultaneously with a Court Order to reinstate Mr. Frank Elizabeth in the National Assembly.
The hypocrisy in this shenanigan was apparent for all to see. Although he is empowered by the House of Assembly (Privileges, Immunities and Powers) Ordinance 1975, to institute proceedings under Section 23 for the assaults inflicted on him by police officers, the Leader of the Opposition has never once called on the Speaker to rule on his privilege when he was assaulted by police officers in the precinct of the National Assembly on the 3rd October. This attack prevented him from performing his duties as a member of the National Assembly.
Section 23 of the said Act provides that: “Any person shall be guilty of an offence who assaults, obstructs or insults any member or officer going to or from the precincts of the Assembly Chamber.” Instead, the Leader of the Opposition was seen on television calling on President Michel to consult with the Attorney General and offer compensation to those who were affected by the 3rd October incident in an out of court settlement. Incidentally, the Leader of the Opposition was the one who was most affected since he claimed on that day that the beatings he got were tantamount to an assassination attempt on his life. He never once called for justice and prosecution of these officers whom Judge Riley has clearly stated used excessive force on that fateful day.
Herminie thus ruled as follows:
“Ruling on the matter of privilege that was raised by the Leader of the Opposition, Honourable Wavel Ramkalawan, on Tuesday 6th November 2007, here in the National Assembly. Mr. Ramkalawan maintained that he felt his privilege and that of the National Assembly as a whole, had been affected since the Supreme Court had served him with an order, more precisely a court order, that ordered the Leader of the Opposition not to appoint Mr. Gervais Henry as a proportionally elected member for the SNP in the place of Mr. Frank Elizabeth.
Mr. Ramklawan pointed out that this is contrary to article 103 of our Constitution which clearly states a “…process issued by the Court shall not be served or executed within the precincts as defined by or under an Act.” The Act in question here is “The National Assembly Privileges, Immunities and Powers Act” and Section 9 thereof governs Privileges, Immunities and Powers of the Assembly. Section 9 clearly states that a court cannot serve an order on a member of the National Assembly in the Chamber of the Assembly whilst the National Assembly is in session.
Section 9 provides “ Notwithstanding anything to the contrary no process issued by any court in Seychelles or outside Seychelles in the exercise of its Civil Jurisdiction shall be served or executed in the precincts of the Assembly whilst the Assembly is sitting or through the Speaker or any officer of the Assembly nor shall any member be arrested on Civil Process save by the leave of the Speaker first obtained, whilst he is in the precinct of the National Assembly and whilst the Assembly is sitting.”
It is clear then that this Officer of the Supreme Court has violated the provisions of our Constitution and the law of the land when he decided to give a Court Order to the Leader of the Opposition as well as myself in the Assembly on the day the Assembly was in session. There is no doubt that the privilege of our institution was affected and all that occurred within the Assembly on that day was completely wrong. This incident clearly shows that it is necessary that other institutions inform themselves on the provisions of our Constitution and the powers of the Assembly in representing the people. The manner in which things were done shows a level of arrogance which is unacceptable in a modern democracy and more importantly shows ignorance on the part of those who served the order. I personally think that what has happened should serve as a lesson for us all and represents an opportunity for us all to come to terms with the role, importance and powers of the different institutions in our Country. Nevertheless, I also want to say that in future we should not hesitate to apply severe punishment which exists under the Constitution and laws of our country against those who exhibit these kinds of disrespect for our National Assembly.
Herminie’s ruling has single handedly managed to pit the institution of the Judiciary with that of the Legislature, two arms of the state of Seychelles. In an attempt to wiggle himself free from the clutches of the Court Order issued by the Chief Justice, Herminie has boxed himself into a corner. He resembled a judge, jury, lawyer and accused, all rolled into one, sitting on judgment on his own case. The scene could not have been more hilarious when he intimated that a repetition of such an incident will leave him with no option but to deal with the Chief Justice himself!