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PART III: SUPREME COURT
• Structure of the courts
125. 1. There shall be a Supreme Court which shall, in addition to the jurisdiction
and powers conferred by this Constitution, have-
• Constitutional interpretation
• Supreme court powers
• Protection from unjustified restraint
• Judicial precedence
a.
original jurisdiction in matters relating to the application, contravention,
enforcement or interpretation of this Constitution;
b.
original jurisdiction in civil and criminal matters;
c.
supervisory jurisdiction over subordinate courts, tribunals and adjudicating
authority and, in this connection, shall have power to issue injunctions,
directions, orders or writs including writs or orders in the nature of habeas
corpus, certiorari, mandamus, prohibition and quo warranto as may be
appropriate for the purpose of enforcing or securing the enforcement of its
supervisory jurisdiction; and
d.
• Eligibility for ordinary court judges
such other original, appellate and other jurisdiction as may be conferred on
it by or under an Act.
2. Proceedings in respect of matters relating to the application, contravention,
enforcement or interpretation of this Constitution shall take precedence over
other matters before the Supreme Court.
3. The Supreme Court shall consist of the Chief Justice the Puisne Judges and,
subject to clause (5), the Masters of the Supreme Court.
4. Subject to article 129, any other law and the Rules of the Supreme Court, a
single Judge or a number of Judges sitting together may exercise the jurisdiction
and powers of the Supreme Court.
5. A Master of the Supreme Court may exercise such limited jurisdiction and
powers of the Supreme Court as may be prescribed by or under an Act or by the
rules of the Supreme Court in respect of interlocutory proceedings.
6. The number of Puisne Judges and Masters of the Supreme Court who may be
appointed shall be prescribed by an Act.
7. For the purposes of clause (1) (c) "adjudicating authority "includes a body or
authority established by law which performs a judicial or quasi-judicial function.
126. 1. A person is qualified for appointment as Judge ifa.
the person has been entitled to practice before a court of unlimited original
jurisdiction for not less than seven years; and
b.
2.
Seychelles 1993 (rev. 2011)
in the opinion of the Constitutional Appointments Authority the person has
shown outstanding distinction in the practice of law and can effectively,
competently and impartially discharge the functions of the office of a Judge
under this Constitution.
A person is qualified for appointment as a Master of the Supreme Court ifa.
the person has been entitled to practice before a court of unlimited
jurisdiction for not less than five years; and
b.
in the opinion of the Constitutional Appointments Authority the person has
shown outstanding distinction in the practice of law and can effectively,
competently an impartially discharge the functions of the office of a Master
of the Supreme Court under this Constitution.
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