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8.
Where the Speaker receives a report under clause (7), the speaker shall,a.
where the National Assembly is sitting or has been summoned to meet
within five days, cause the findings of the medical board to be considered
by the Assembly as soon as is practicable; or
b.
• Head of state removal
where the National Assembly is not sitting, immediately summon the
Assembly to meet and cause the findings of the medical board to be
considered at that meeting.
9. Where the National Assembly, when it meets pursuant to clause (8), resolves by
the votes of not less than two-thirds of the number of its members that the
finding of the medical board be adopted, the President shall cease to hold office
on the passing of the resolution.
54. 1. Where notice in writing signed by not less than half the number of the
members of the National Assembly of a motion alleging that the President has
committed a violation of this Constitution or a gross misconduct and specifying
the particulars of the allegation and proposing that the Constitutional Court
investigates the allegations is given to the Speaker, the Speaker shalla.
if the National Assembly is then sitting or has been summoned to meet
within five days, cause the motion to be considered by the Assembly within
seven days of the notice; or
b.
2.
3.
if the National Assembly is not 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 (1) 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.
Where a motion is declared to be passed under clause (2)a.
the Speaker shall deliver a copy of the motion to the President and the
Chief Justice;
b.
the Chief Justice shall place the matter before the Constitutional Court;
c.
the Constitutional Court shall investigate the matter and report to the
Speaker whether it finds that the particulars of the allegation specified in
the motion constitute a prima facie case for the removal of the President;
and
d.
4.
5.
Seychelles 1993 (rev. 2011)
the Constitutional Court in investigating the matter under paragraph (c)
may summon and examine any witnesses or otherwise exercise all the
powers of the Supreme Court.
The President shall have the right to appear and be represented before the
Constitutional Court during its investigation of the allegation.
Where the Constitutional Court reports to the Speaker that the Court finds that
the particulars of an allegation against the President specified in the motion do
not constitute a prima facie case for the removal of the President, no further
proceedings shall be taken under this article in respect of that allegation.
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