" Yo Le Pep.......Follow The Law on 13Th Month Fiasco!

The proposal for the 13 th Month Salary ( a Fiasco already) has been thrown out by the National Assembly in a very non shallot manner, like a dirty bag turning up for a wedding badly dressed.

Private Sector Ignored!

The draft bill was circulated to the private sector numerous times. But the Ministry of Employment did not register all the issues of concern. The Faure Administration insisted on presenting this Bill, hoping to make political gains on it, but that too back fired, as the more political experienced Wavel Ramkalawan and in house economist Ahmed Afif from LDS buried the Bill in its poor form, and hit a political jackpot at Le Peps expense, but due to their own fault......all the way.

Emergency Meeting To Drain Sinking Ship

Immediately, the next day, Minister of Finance Peter Larose, Minister Wallace Cosgrow was called to State House to meet the President, to brain storm the 13 th month salary to redraft a new Bill. It seems President Faure is defiant in the face of a big political defeat. But he cannot blame LDS, they played their cards very well. The blame rests with the Le Pep MNAs who are not up to speed to the level of politics in the National Assembly today, and of course, the Principal Secretary of Employment, Veronique Bresson who did NOT advance some key legal points we raised in Praslin when discussing this hair brain proposal, which will not only destroy the economy, but it violates the Seychelles Constitution above all, neither Le Pep or LDS took note of.

Missing from the meeting was the Attorney General, who can do some research to confirm that property rights, are not limited to land, but extend to possessions, assets.

Article 26 The Right To Property

Article 26 guarantees as a fundamental human right the Right To Property. The state may not interfere with the use and enjoyment of property, but for a compelling state interest. Le Pep, the money in the commercial bank accounts, of companies, you anticipate will pay for the 13 th month salary, is " Property", in the form of moveable, transferable, credit, bank notes belonging to the commercial entity a particular employee works for. This money, in the case of some companies will exceed SCR. 2 Million as pay out or more, above monthly salaries, is  a " Property" interest. You cannot give away, arbitrarily, capriously, what has not entered government coffers.  When you attempt to do this, you will be violating the rights of these companies, under the Seychelles Constitution, and so the rights of their shareholders.

What Allows A 13 th Month For Public Employees?

9,000 public employees benefit from Le Pep largess in government and they receive a "13 th Month Salary". How is that possible. Well, government raises revenue from taxes. From that, subject to legislative approval, it can do what it likes with that money. It can buy new cars for each new minister, while students risk their lives in old Tata buses and drunk drivers,, it can buy a plane, when a dingy would do, to get to an outer island, it can buy new furniture for State House, while desks in schools rot underneath the students. Basically, a government can do anything almost, with money it raises unless the legislature questions it, or the Public questions it. A government cannot do what it likes with money or " Property" belonging to another, which is being used and enjoyed by the other, as it chooses, within the law.

Article 27 Right To Equal Protection

Once again, Le Pep has great trouble swallowing the " Right To Equal Protection". Again, a little research into " Equal Protection Cases" will reveal clearly to the "Le Pep" that they CANNOT bring a BILL before the National Assembly that discriminates against ANY class of citizens, or entities of society, and overtly, openly, favor another class of citizens. In the case of the Employment Amendment Bill,et al, Le Pep literally attempts to steal monies of companies, force them to give it away to another class being workers. This CANNOT be done under the Seychelles Constitution. Again, it CANNOT be done.

The permission Le derogation under Article 27, is the amelioration of the condition of disadvantaged persons or groups [ Article 27 (2)]. Workers as a class cannot be considered to meet the bar of being a disadvantaged group in a socialist- communist state, historically. Perhaps, given our history, persons who were known members and supporters of the Democratic Party and later parts of SNP and LDS could be considered  a disadvantaged group, but not all workers across the board.

We Need Serious Bold Leadership 

The 13 th Month Salary Fiasco has been a political football at election time kicked on the pitch by SNP in the first round. In the second round, Le Pep got the ball, kicked it about, thinking it would guarantee it goals and goals. It has not, it never will. Nor will it ever give LDS any goals, save the embarrassment caused to Le Pep players mishandling it on the pitch. We need to deal with serious issues in our country. I appeal to President Faure and LDS Team, lets sideline this proposal. It is going no where, let the Nation focus on serious matters, and build a solid co habitation with the other by building yourself a reputation of seriousness, reasonableness, action.

Let's leave the judges out of this one.

Sesel Pou Seselwa!

May God Bless All Freedom Loving Seychellois!