The Seychelles Human Rights Commissions & Ors v The Speaker of National Assembly & Ors (MA 28/2023 (Arising in CP 7 of 2023)) [2023] SCCC 4 (9 May 2023)

......_-_ IN THE CO;'l1SITUTIONAL COURT OF SEYCHELLES _._.__ _ ..- _ _-_._ _ Reportable r2023] sese . It -. - _ . MA2812013 (Arising in CP7 of2(23) In [he matter between THE SEYCHELLES HUMAN RIGHTS COMMISSION 1STPETITIONER (herein represented by Mr. Elvis David Julie; THE OMBlJSDMAN (herein rep by Mrs. Nichole-Gherardis 2"'D PETITIONER THE BAR ASSOCIATrON OF SEYCHELLES (herein rep by Mr. Khalyaan Karunakarani (All rep. by Mr. Divino Sabino. Mr. Conrad Lablache and Mr. Georges Robert) 3RD PETITIONER AND THE SPEAKER OF THE NATIONAL ASSEMBLY OF SEYCHELLES 1ST RESPONDENT THE PRESIDENT OF THE REPUBLIC OF SEYCHELLES THE ATTORNEY GENERAL the Government (representing of Seychelles) THE ATTORNEY GENERAL (_~l!represen'edJ~ereil1 by Mr. Mohamed Saley) 2t'm RESPONDENT 3RD RESPONDENT 41'11 RESPONDENT Neutral Citation: The Seychelles Human Rights Commissions & Ors v The Speaker ofNational Assembly & Ors (MA2l<(?f 2023 Arising in CP7 of 2023) [2023} scsc c Govinden CJ, Burhan . J. Adeline J. Before: Leave to Appeal against Ruling on recusal of Judges Summary: Heard: 21 March DcJivc_rc_;cd...;_: ~_.!~1ay2023 Govinden CJ (Presiding), Burhan J, Adeline J. """".__ 1 II J This Ruling arises out of a notice of motion filed in COLIn as :\1/\ 28/2023 filed on 23 l-ebruary 2023 by the I". 2nd and yu Applicant. namely Seychelles Human Rights Commission, the Ombudsman and the Bar Association or Seychelles (hereafter collectively referred to as the Applicants). The application follo«v s an interim Ruling by the Constitutional Court in MA 230120n (arising out or CP 7 of 2022) where an application for recusal of Judges of the Supreme Court b) the Applicants was unsuccessful. Therefore. the Applicants seek leave of this Court to appeal against the Ruling by the Constitutional Court in MA 23012022. (2J We are of the considered view. that a rccusal application is an application that has to be considered as a separate independent application. The mere fact that in the registration of the case numbering it is mentioned "arising in CP7 of 2022", the main case, should not mislead one to believe that a recusal application is an interlocutory application pertaining to the main case as is usually the case in respect of most miscellaneous applications. The recusal appl ication in th is instant case has 110thing to do ...vith the facts of the main case and therefore. is a separate and independent application in its own right. F1II1her. the application for recusal is essentially civil in nature. This COLIli has given its final decision in respect of the appl ication for recusal and therefore the appeal lies as of right. Giving due consideration to the above findings of this Court, we are of the view. that the aggrieved parties have a right of appeal to the Seychelles Court of Appeal available to them. [3] The application is therefore dismissed. igned. dated and delivered at lie du POri on <) May 2023. R GOVINDEN (PRESIDING JUDGE) JUDGE JUDGE 3