Bill 7 2025 - Constitution of the Republic of Seychelles (Twelfth Amendment) Bill 2025

[13th June 2025] Const i tution of the Republic of Seychelles 1 (Twelfth Amendment) RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL CONSTITUTION OF THE REPUBLIC OF SEYCHELLES (TWELFTH AMENDMENT) BILL, 2025 (Bill No. 7 of 2025) EXPLANATORY STATEMENT OF THE OBJECTS AND REASONS FOR THE BILL 1. The object of this Bill is to allow those who turn eighteen years of age on date of an election to cast their vote. 2. Article 114 of the Constitution provides for qualification for registration as a voter. Clause (1) of the said article provides that a person who is a citizen of Seychelles and has attained the age of eighteen years is entitled to be registered as a voter unless the person is disqualified from registration under an or Act on the ground of infirmity of mind; criminality; or residence outside Seychelles. 3. The Chief Registration Officer of the Electoral Commission shall publish a notice in the Gazette and local newspapers before 15th January of every year inviting persons to register their names in the register of voters as per the provisions of sections 5,7 and 8 of the Elections Act (Cap. 262) (hereinafter referred to as the said Act). Under the provisions of first proviso to subsection (1) of section 9 of the said Act, the amended registers of voters shall be certified and published on the 31st day of March of every year. 4. In the case of an election year, the register of voters for each electoral area may be amended by including therein or deleting therefrom the names of the persons registered as voters or otherwise between the period from the date on which the registers were previously certified and date on which the notice under subsection (1) of section 13 was issued appointing the date or dates on which a Presidential Election or a National Assembly Election shall be held under the said Act. 5. Normally, the registers of voters shall be closed three months before the election day and no new names can be included in the registers of voters. [13th June 2025 ] Const i tution of the Republic of Seychelles 2 (Twelfth Amendment) RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL There are instances where individuals turn eighteen years between the date of closure of the registers of voters and election day, or subsequent ballots and their names could not be included in the registers, in view of its closure. In such circumstance, even though the individual has turned eighteen years of age, he or she cannot cast his or her vote in a Presidential Election or a National Assembly Election. 6. In order to allow the individuals who would attain the age of eighteen years on the day of an election to cast their vote, it is proposed to insert a proviso enabling individuals who would turn eighteen years in an election year to register their names in the register of voters. This would enable them to cast their vote in a Presidential Election or a National Assembly Election, if they turn eighteen years on the date of election or subsequent ballot. Accordingly, it has been proposed to insert a new proviso in article 114 of the Constitution, which caters for registration of such voters. It is also proposed to amend article 113 of the Constitution to provide for the persons who turns eighteen years of age on the date of election or subsequent ballot, to exercise their franchise in the elections as per the provisions of the Elections Act (Cap. 262). 7. This Bill seeks to achieve the above objectives. Dated this 06th day of June, 2025. VINSENT S. PERERA ATTORNEY GENERAL ——————— [13th June 2025 ] Const i tution of the Republic of Seychelles 3 (Twelfth Amendment) RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL CONSTITUTION OF THE REPUBLIC OF SEYCHELLES (TWELFTH AMENDMENT) BILL, 2025 (Bill No. 7 of 2025) ARRANGEMENT OF ARTICLES ARTICLES 1. Short title and commencement 2. Interpretation 3. Amendment of article 113 4. Amendment of article 114 [13th June 2025 ] Const i tution of the Republic of Seychelles 4 (Twelfth Amendment) RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL CONSTITUTION OF THE REPUBLIC OF SEYCHELLES (TWELFTH AMENDMENT) BILL, 2025 (Bill No. 7 of 2025) A BILL FOR AN ACT TO AMEND THE CONSTITUTION OF THE REPUBLIC OF SEYCHELLES (CAP. 42). ENACTED BY THE PRESIDENT AND THE NATIONAL ASSEMBLY Short title and commencement 1.(1) This Act may be cited as the Constitution of Republic of Seychelles (Twelfth Amendment) Act, 2025. (2) This Act shall come into operation on such date as the President may, by notice in the Gazette, appoint. [13th June 2025 ] Const i tution of the Republic of Seychelles 5 (Twelfth Amendment) RREEPPUUBBLLIICC OOFF SSEEYYCCHHEELLLLEESS SSUUPPPPLLEEMMEENNTT TTOO OOFFFFIICCIIAALL GGAAZZEETTTTEE BBIILLLL Interpretation 2. In this Act, “Constitution” means the Constitution of the Republic of Seychelles as set out in the Schedule to the Constitution of the Republic (Third Republic) (Promulgation) Notice, 1993 (S.I. 2 of 1992) made under the Constitution of the Republic of Seychelles (Preparation and Promulgation) Act, 1992. Amendment of article 113 3. Article 113 of the Constitution is amended by inserting after the words “in an electoral area”, the words “and who has attained the age of eighteen years”. Amendment of article 114 4. Article 114 of the Constitution is amended by inserting the following proviso at the end in clause (1) — “Provided that, where a declaration is made for an election to be held in a particular year, a citizen of Seychelles who will attain the age of eighteen years in that year, is entitled to be registered as a voter unless that person is otherwise disqualified from registration as provided under this clause.”.