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• Cabinet removal
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73. 1. A Minister may resign from office by delivering to the President a notice of
resignation but the resignation shall not have effect until it is received by the
President.
2. The President may and, where the National Assembly has passed a vote of
censure in respect of the Minister under article 74, by instrument in writing,
remove a Minister from office.
74. 1. The National Assembly may, by resolution approved by the votes of not less
than two-thirds of the number of its members, pass a vote of censure against a
Minister.
2. A motion for a resolution under clause (1) shall not be moved in the National
Assembly unlessa.
seven days' notice has been given of the motion; and
b.
3.
the notice for the motion has been signed by not less than one-third of the
number of members of the Assembly.
The Speaker shall, upon receipt of the notice of the motion under clause (2)a.
send a copy of the notice to the President; and
b.
unless the Minister has ceased to hold office beforehand, cause the motion
to be debated in the National Assembly within fourteen days after
receiving notice of motion.
4. The Minister in respect of whom a vote of censure is to be debated under clause
(3) is entitled to be heard during the debate.
5. Where a vote of censure is passed against a Minister under this article, the
Speaker shall as soon as is practicable thereafter notify the President and the
President shall, unless the Minister otherwise ceases to hold office, remove the
Minister from office under article 73(2) not later than seven days after being
notified by the Speaker.
75. 1. At the time of submitting the names to the National Assembly for its approval
of the persons to be appointed as Ministers, the President shall designate one
person who shall discharge the functions of designated Minister under the
Constitution or an Act.
2. The approval of the National Assembly under clause (1) or article 66A (10) or
(11) shall be by a majority of the members of the Assembly.
3. Where the National Assembly does not approve the designation of a person
under clause (1) or article 66A (10) or (11) or a person whose designation has
been approved under that clause ceases to be a Minister, the President shall
designate another person for approval by the National Assembly.
4. Where under the Constitution a function is required to be performed by the
President and both the President and the Vice-President are unable to perform
the function, the function may be performed by the designated Minister until
the President or Vice-President is able to perform the function.
5. Where under the Constitution a function, not being a function related to a
Ministry or department assigned to the Vice-President by the President under
article 66A) (2), is required to be performed by the Vice-President and the
Vice-President is unable to perform the function, the function, may be
performed by the designated Minister until the Vice-President is able to
perform the function.
Seychelles 1993 (rev. 2011)
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