constituteproject.org PDF generated: 19 Feb 2021, 13:13 CHAPTER VIII: JUDICIARY PART I: GENERAL • Structure of the courts 119. 1. The judicial power of Seychelles shall be vested in the Judiciary which shall consist of a. the Court of Appeal of Seychelles; b. the Supreme Court of Seychelles; and c. • Judicial independence 2. 3. 4. such other subordinate courts or tribunals established pursuant to article 137. The Judiciary shall be independent and be subject only to this Contribution and the other laws of Seychelles. Subject to this Constitution, Justices of Appeal, Judges and Masters of the Supreme Court shall not be liable to any proceedings or suit for anything done or omitted to be done by them in the performance of their functions. An Act establishing a subordinate court or tribunal referred to in clause (1)(c) may grant to the person exercising judicial functions in the court or tribunal immunity from proceedings or suit to the extent provided in clause (3). PART II: COURT OF APPEAL • Constitutional interpretation • Structure of the courts • Supreme court powers • Right to appeal judicial decisions • Constitutional interpretation • Supreme court powers • Constitutional interpretation • Supreme court powers 120. 1. There shall be a Court of Appeal which shall, subject to this Constitution, have jurisdiction to hear and determines appeals from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court and such other appellate jurisdiction as may be conferred upon the Court of Appeal by this Constitution and by or under an Act. 2. Except as this Constitution or an Act otherwise provides, there shall be a right of appeal to the Court of Appeal from a judgment, direction, decision, declaration, decree, writ or order of the Supreme Court. 3. The Court of Appeal shall, when exercising its appellate jurisdiction, have all the authority, jurisdiction and power of the court from which the appeal is brought and such other authority, jurisdiction and power as may be conferred upon it by or under an Act. 4. Subject to this Constitution and any other law, the authority, jurisdiction and power of the Court of Appeal may be exercised as provided in the Rules of the Court of Appeal. 5. Proceedings in respect of a matter relating to the application, contravention, enforcement or interpretation of this Constitution shall take precedence over other matters before the Court of Appeal. 6. Where in respect of any matter before it, the Court of Appeal finds that any law or provision of any law contravenes this Constitution, the Justice of Appeal presiding at the sitting of the Court shall send a copy of the finding to the President and the Speaker. 7. The Court of Appeal shall sit, as occasion requires, to deal with matters before it as expeditiously as is practicable. Seychelles 1993 (rev. 2011) Page 51

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