[34]
We find that the circumstances
of the present Petition are different from the circumstances
of Assemblies of God case in that since the alleged offence was not continuous, the alleged
contravention stopped being a continuing one and the Petitioner was not deprived of the
right to file the Petition on time or apply for the leave of court to file it out of time.
[35]
This Court refers to Poole v The Government o{Seychelles & Drs (SCA 42 0{2013) [20151
SCCA 10 which held that the time limit set out in Rule 4 is a mandatory one. The court
further cites the findings in Esparon v Electoral Commission Seychelles & Anor (MA
2912022 (Arising in CP 312(21)) [20221
seee 1 regarding
lack of diligence on the part of
the Petitioner. Rule 4 gives the Petitioners an opportunity to file a petition out of time
subject to them adhering to procedure and providing sufficient reasons. The choice of the
petitioner not to do so indicates a lack of diligence. We note that this is not the first time
we observed such lack of diligence refer paragraph [28] herein.
[36]
The COUltdoes have the discretion to extend the time for filing the Petition under Rule (4)
(4). However, this Court agrees with the submissions of the Respondents that such
extension is not given as of course. In Darrel Green v Seychelles Licensing Authority and
Government of Seychelles CA 4311997, Ayoola JA explained the workings of the erstwhile
Rule 4 as follows:
"Rule 4(3) permits a petition under rule 3, with leave of the Constitutional Court to be filed
out of time; and, rule 4(3) empowers the Constitutional Court, for sufficient reason, to
extend the time for filing a petition under rule 3. These provisions are straight forward and
unambiguous in their terms. A person who alleges a contravention of a provision of the
Constitution is as of right entitled to .file his petition within 30 days of the contravention.
He is permitted to do so outside the prescribed period only
if
he obtains leave of the
Constitutional Court.
The Constitutional Court may grant such leave not as of course but only
if the
applicant
shows sufficient reasons to justify an extension of time. Nothing in these provisions
empowers the Constitutional Court to act suo motu and grant leave where none has been
sought and where facts have not been deponed to before it showing "sufficient reasons" to
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