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4.
5.
Where the Constitutional Court on an application under clause (1) is satisfied
that adequate means of redress for the contravention alleged are or have been
available to the person concerned in any other court under any other law, the
Court may hear the application or transfer the application to the appropriate
court for grant of redress in accordance with law.
Upon hearing of an application under clause (1) the Constitutional Court maya.
declare any act or omission which is the subject of the application to be a
contravention of the Charter;
b.
declare any law or the provision of any law which contravenes the Charter
void;
c.
make such declaration or order, issue such writ and give such directions as
it may consider appropriate for the purpose of enforcing or securing the
enforcement of the Charter and disposing of all the issues relating to the
application;
d.
award any damages for the purpose of compensating the person concerned
for any damages suffered;
e.
make such additional order under this Constitution or as may be prescribed
by law.
6. Where the Constitutional Court makes a declaration under clause (5)(b) the
Court shall, subject to any decision in appeal therefrom, send a copy of the
declaration to the President and the Speaker.
7. Where in the course of any proceedings in any court, other than the
Constitutional Court or the Court of Appeal, a question arises with regard to
whether there has been or is likely to be a contravention of the Charter, the
court shall, if it is satisfied that the question is not frivolous or vexatious or has
already been the subject of a decision of the Constitutional Court or the Court
of Appeal, immediately adjourn the proceedings and refer the question for
determination by the Constitutional Court.
8. Where in an application under clause (1) or where a matter is referred to the
Constitutional Court under clause (7), the person alleging the contravention or
risk of contravention establishes a prima facie case, the burden of proving that
there has not been a contravention or risk of contravention shall, where the
allegation is against the State, be on the State.
9. The Court in which the question referred to in clause (7) arose shall dispose of
the case in accordance with the decision of the Constitutional Court, or if that
decision is the subject of an appeal to the Court of Appeal, in accordance with
the decision of the Court of Appeal.
10. The Chief Justice may make rules for the purpose of this article with respect to
the practice and procedure of the Constitutional Court in relation to the
jurisdiction and power conferred upon it by or under this article, including rules
with respect to the time within which an application or a reference may be made
or brought.
Seychelles 1993 (rev. 2011)
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