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3.
Where notice in writing signed by not less than half the number of members of
the National Assembly of a motion requesting that the question of the mental or
physical capacity of the President to discharge the functions of the office of
President ought to be investigated is given to the Speaker, the Speaker shalla.
where the National Assembly is sitting or has been summoned to meet
within five days, cause the motion to be considered by the Assembly as
soon as is practicable within seven days of the notice;
b.
4.
5.
6.
where the National Assembly is not then sitting, summon the Assembly to
meet on a date within fourteen days of the notice and cause the motion to
be considered at that meeting.
Where a motion under clause (3) is proposed for consideration by the National
Assembly, the Assembly shall not debate the motion but the Speaker shall
forthwith cause a vote to be taken on the motion and, if the motion is supported
by the votes of not less than two-thirds of the number of its members, shall
declare the motion to be passed and shall deliver a copy of the motion to the
President and the Chief Justice.
Where the Chief Justice is informed under clause (2) or receives a copy of a
motion under clause (4), the Chief Justice shall appoint a medical board
consisting of not less than three persons selected by the Chief Justice from
among persons who are qualified as medical practitioners under a law, and the
medical board shall inquire into the matter and shall make a report to the Chief
Justice stating the opinion of the board as to whether or not the President is, by
reason of and infirmity of body or mind, incapable discharging the functions of
the office of President.
Where under clause (5) the medical board reports that the President is capable
of discharging the functions of the office of President, the Chief Justice shall
inform accordinglya.
where the investigation was carried out at the instance of the Cabinet, the
Cabinet; or
b.
7.
Seychelles 1993 (rev. 2011)
where the investigation was carried out at the instance of the National
Assembly, the Speaker,
and, as soon as is practicable, thereafter the Cabinet shall inform the President
accordingly or the Speaker shall inform the President and the National
Assembly accordingly, as the case may be.
Where under clause (5) the medical board reports that the President is
incapable of discharging the functions of the office of President, the Chief
Justice shall certify in writing accordingly anda.
where the investigation was carried out at the instance of the Cabinet,
submit the findings to the Cabinet, and the Cabinet shall inform the
President of the findings and submit the findings to the Speaker; or
b.
where the investigation was carried out at the instance of the National
Assembly, submit the findings to the Speaker and the Speaker shall inform
the President of the findings.
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