constituteproject.org PDF generated: 19 Feb 2021, 13:13 2. 3. 4. 5. 6. where clause (1) (f) applies, if in the circumstances it appears to the National Assembly to be just to do so, the Assembly may except the member from vacating the seat, if the member, before becoming a party to the contract or before or as soon as is practicable after becoming interested in the contract as provided in clause (1) (f), has disclosed in writing to the Speaker the nature of the contract and the interest, or the interest in the firm or company referred to in clause (1) (f), of the member. A political party of which a proportionately elected member was a member at the time of election shall notify the Speaker in writing on the person ceasing to be a member of the party. Subject to this article and article 82, where a person who is proportionately elected of the National Assembly ceases to be so, the political party of which the person was a member at the time of election and which nominated the person as a member may, by notice in writing to the Speaker, replace the person who has ceased to be a member by another person including the person who has immediately before ceased to be a member. Where the seat of a directly elected member of the National Assembly becomes vacant under this article, the Speaker shall, as soon as is practicable within seven days after the vacancy occurs, notify the Electoral Commissioner of this fact. A certificate under the hand of the Speaker certifying that a person has ceased to be a member of the National Assembly shall be conclusive evidence of this fact and of the fact that the seat held by that person is vacant unlessa. the person makes an application under article 82 to the Constitutional Court within thirty days of the date of the certificate; and b. the Constitutional Court determines that the person is still a member of the National Assembly and that person still occupies that seat. 7. Until the final determination of an application referred to in clause (6) (a) the person who made the application shall continue to be a member of the National Assembly in respect of the seat for which the person was elected. 82. 1. The Constitutional Court shall have jurisdiction to hear and determine whethera. • Removal of individual legislators 2. a person has been validly elected as a member of the National Assembly; or b. the seat of a member of a National Assembly has become vacant. An application under clause (1) (a) may, in the case ofa. a directly elected member, be made by any person entitled to vote at an election in the electoral area for which the member was returned, any person who was returned, any person who was a candidate at the election in the electoral area or the Attorney-General; or b. 3. a proportionately elected member, be made by any member or the Attorney-General. An application under clause (1) (b) may, in the case ofa. Seychelles 1993 (rev. 2011) a directly elected member, be made by any member, any person entitled to vote at an election in the electoral area for which the member was returned or the Attorney General; Page 39

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