Act 4 2025 - Elections (Amendment) Act 2025

[4th July 2025] Elections (Amendment) Act 201 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT ELECTIONS (AMENDMENT) ACT, 2025 (Act 4 of 2025) I assent Wavel Ramkalawan President 4th July, 2025 AN ACT TO AMEND THE ELECTIONS ACT (CAP 262). ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY. Short title 1. This Act may be cited as the Elections (Amendment) Act, 2025. [4th July 2025] Elections (Amendment) Act 202 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of section 5 2. In the Elections Act (Cap 262) (hereinafter referred to as the principal Act), in section 5 — (a) in subsection (1) — (i) by repealing the words “a National Identity Card” and substituting therefor the words “a valid National Identity Card”; (ii) by repealing the words “National Identity Cards Act” and substituting therefor the words “National Identity Cards Act or a valid passport issued under the Passport Act”; (iii) by inserting the following proviso at the end — “Provided that in a year in which an election is held, any person who is a citizen of Seychelles and who will attain the age of eighteen years during that year may register his or her name for inclusion in the voter list by submitting an application in such form, manner and time as may be prescribed by the Commission before the closure of the register of voters for the elections: Provided further that the Chief Registration Officer shall follow the procedures specified under this Act for the preparation of the register of voters in the year in which an election is held. (b) in subsection (3) — (A) in clause (a) — (i) by repealing the words “a National Identity Card” and substituting therefor the words “a valid National Identity Card”; [4th July 2025] Elections (Amendment) Act 203 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (ii) by repealing, the words “National Identity Cards Act” and substituting therefor the words “National Identity Cards Act or a valid passport issued under the Passport Act”; (B) by adding after clause (b), the following clause — “(c) the residency period of three months specified in clause (b) shall not be applicable for persons studying overseas, persons serving in the Diplomatic Missions and persons working overseas on a contract issued by the Government of Seychelles, subject to submission of documentary proof approved by the Commission. (c) by adding after subsection (3), the following subsection — “(4) For the purposes of this section and section 6, only the physical copies of the documents referred to in subsection (1) shall be accepted for the purpose of identification.”. Amendment of section 6 3. In section 6 of the principal Act, by deleting the full stop in clause (b) and replacing it with a semi-colon, and adding after clause (b), the following clause — “(c) for the purposes of clause (b), the prison authorities shall provide a list of persons serving a prison sentence in such form and manner and in such time as may be prescribed by the Commission.”. Amendment of section 7 4. Section 7 of the principal Act is amended by repealing subsection (5). [4th July 2025] Elections (Amendment) Act 204 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of section 7A 5. In section 7A of the principal Act, in subsection (1), by repealing the words “five-year intervals” and substituting therefor the words “such intervals as may be decided by the Commission”. Amendment of section 8 6. In section 8 of the principal Act, — (a) in paragraph (a) of the proviso to subsection (1A), by repealing the words and figures “the issue of notice under section 13 (1)” and therefor substituting the words “publication of notice under second proviso to subsection (1) of section 9”; (b) by repealing subsection (2) and substituting therefor the following subsection — “(2) Any person who is or claims to be entitled to have the name of that person entered in the register of voters in an electoral area may inspect the register of voters of that area, on an application made to the Registration Officer of the area in such form and manner as may be specified by the Electoral Commission.”. Amendment of section 9 7. In section 9 of the principal Act, by adding after the second proviso to subsection (1), the following proviso — “Provided further that the registers of voters close for elections, on the date the Commission publishes a notice in the Official Gazette:”. Amendment of section 10A. 8. In section 10A of the principal Act, by repealing the words and figure “Notwithstanding section 5” and therefor substituting the words and figures “Subject to section 5(3)”. [4th July 2025] Elections (Amendment) Act 205 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of section 10B. 9. In section 10B of the principal Act, by repealing the words and figure “Notwithstanding section 5” and therefor substituting the words and figures “Subject to section 5(3)”. Amendment of section 10C. 10. In section 10C of the principal Act, by repealing the words and figure “Notwithstanding section 5(3)” and therefor substituting the words and figures “Subject to section 5(3)”. Insertion of new sections 10D and 10E 11. After section 10C of the principal Act, the following sections shall be added — “Other modes of Registration 10D.(1) Notwithstanding the registration of voters under the provisions of the Act by submitting an application in physical form at the registration office, the Commission may by regulations prescribe any other mode of registration including the online registration and registration through a mobile registration centre. (2) For the purposes of this section “mobile registration centre” means a centre set out temporarily in an area for registration of voters.”. (3) The date, route and placement of mobile registration centre for registration of voters in an area shall be as may be specified by the Commission in the Official Gazette before such registration and notice for utilising the services of a mobile registration centre shall be given in media. Access to the information on the website of the Electoral Commission 10E. Any person who intends to verify his particulars on the website of the Electoral Commission of Seychelles, may verify such information on the website of the Commission by providing the required information for accessing the information.”. [4th July 2025] Elections (Amendment) Act 206 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Insertion of new subsections (1A), (1B), (1C) and subsection (2A) in section 15 12. In section 15 of the principal Act — (i) by adding after subsection (1), the following subsections — “(1A) For the purpose of a Presidential Election, other than a candidate for President, a candidate shall also be designated for Vice-President. (1B) Any person nominated as candidate for President or Vice-President during a Presidential Election shall not be nominated to stand as a candidate in the National Assembly Election when Presidential and National Assembly Elections are held concurrently. (1C) A person who has been nominated for an election under subsection (1B) shall not be nominated for any other election when the Presidential and National Assembly Elections are held concurrently, or in any other election as may be notified by the Electoral Commission.”; (ii) by adding after subsection (2), the following subsections — “(2A) Notwithstanding subsection (2), in exceptional circumstances, a nomination paper may be submitted by a representative other than the candidate for Presidential or National Assembly Elections. (2B) For the purpose of subsection (2A), ‘exceptional circumstances’ means the candidate could not be present physically for filing the nomination papers due to acute health reasons certified in that regard by a medical practitioner; or any natural disaster, owing to which the candidate could not be physically present. (2C) For the purpose of subsection (2A), ‘representative’ means a ‘party official’ in the case of a candidate from a political party and ‘an Attorney at law’ in the case of an independent candidate.”. [4th July 2025] Elections (Amendment) Act 207 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT Amendment of section 16 13. In section 16 of the principal Act, by repealing the figure “7” and therefor substituting the figures “14”. Amendment of section 18 14. In section 18 of the principal Act — (a) by repealing the words “their electoral area;” in paragraph (d) of subsection (2) and substituting therefor the following words “their electoral area, to vote at special stations;”; (b) by inserting after subsection (5), the following subsection — “(5A) For the purposes of subsection (5), the Commission may make use of ballot bags instead of ballot boxes at polling stations on outer islands.”. Amendment of section 20 15. In subsection (2) of section 20 of the principal Act, by repealing the figure “7” and therefor substituting the figures “14”. Amendment of section 23 16. In section 23 of the principal Act, by inserting after subsection (2) the following subsections — “(3) Subject to subsection (1), ballot papers for the visually impaired persons shall be made available in such form and manner for the convenience of such persons, as may be approved by the Commission. (4) The Commission shall provide educational materials in sign language to facilitate hearing-impaired persons to understand the content of educational materials.”. Amendment of section 25 17. In section 25 of the principal Act, — [4th July 2025] Elections (Amendment) Act 208 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT (a) in subsection (1)(a)(ii), by repealing the words “National Identity Card” and therefor substituting the words “valid National Identity Card or a valid passport”; (b) by insertion of a new subsection (6) after subsection (5) — “(6) Usage of mobile phones or electronic devices shall not be permitted in polling stations for any purposes including the purpose of identification of the voter.”. Insertion of new section 36A 18. In the principal Act, by adding after section 36, the following section — “Procedures by regulations 36A.(1) For the purposes this PART, the Electoral Commission may by regulations prescribe procedures for the conduct of Presidential Election and National Assembly Elections. (2) The procedures prescribed under the Elections (Procedures) Regulations, 2016 (S.I. 56 of 2016), as amended from time to time, shall be followed in the conduct of Presidential Elections and National Assembly Elections or any other election conducted by the Electoral Commission.”. 19. In the principal Act, for SCHEDULE 2, the following SCHEDULE shall be substituted — [4th July 2025] Elections (Amendment) Act 209 REPUBLIC OF SEYCHELLES SUPPLEMENT TO OFFICIAL GAZETTE ACT “SCHEDULE 2 ESSENTIAL SERVICES Health Services Purse Seiners Industrial fisheries workers Airline crew Security for President and Ex-Presidents Prison services Voting station Airport security and fire services Seychelles Fire and Rescue Services Agency (SFRSA) Public Utilities Corporation (PUC) Seychelles Petroleum Company Limited (SEYPEC) Seychelles Defence Forces Security for New Port Seychelles Public Transport Corporation (in respect of drivers only) Media (Accredited by the Commission)”. The Seychelles Police Force I certify that this is a correct copy of the Bill which was passed by the National Assembly on 02nd July, 2025. Mrs. Tania Isaac Clerk to the National Assembly