The Presidential Election challenge before the Constitutional Court is over. Justice Twomey and her team labored three (3) hours to deliver the written judgment. Case dismissed, each party to near their own cost. The Respondent, keeps his post, and the Petitioner will be recommended to be struck off the Voters List for writing to the Tamil Community, asking that they support him, in exchange he will offer them ministerial posts and make Tamil an official language.
State House Celebrates
State House will celebrate. The fate of James Michel' s election bid has been sealed. He will retire when he wants within the next Four and a half years. An appeal will be risky, risking the Petitioners name from being struck from the Voters List. A harsh conclusion to a political career of Wavel Ramkalawan. Though I have had issues with him and his style, this is a bit like shooting the messenger because the message was not convenient. The decisions leaves Seychelles with much to ponder, and the question begs, is the democratic process really a fair process for the Opposition.
Win Convincingly
The Judgement tells us to beat PL, one must win convincingly, without a burp. If you come close, it's not enough. If you win by 1% or 2% it will not be enough.
Flaking on Agency Law
The Judges relied on Seychelles Agency Law as the basis to not establish any liability on part of the Respondent James Michel, of any liability of agents that solicited others to influence the outcome of the elections, improperly. The Seychelles Law covers proxies and strict expressed agency. It does not cover Implied or Imputed agencies. In such cases, the Justices should have referred to UK law, and not rely on the limited Proxy agency laws from an archaic era. Implied agency laws are clearly lacking. If applied, any acts that were accepted or ratified by the Principal, would be imputed to being acts of the Principal.
This single error, has prevented the Petitioner from pressing his case.
Pass It On SBC
The decision has left Seychelles hanging like a piñata on a ceiling. The judgement was passed on SBC as if to teach the whole country a lesson. Numerous PL agents, or supporters were named and called to report to court to answer charges as to why they should not be charged with crimes.
The Director of Elections Charlie Morin's conduct was cited as being appalling and unprofessional. His resignation is in order for lack of competence, as per the judicial decision. The whole election process was mishandled, as the Judges went on and on, one started to suffer from overloading. Yet , the outcome was a dismissal.
Michel Rules With Slight Mandate
Clearly, Michel now rules with a very slight mandate. If the opposition galvanizes, and takes to protest, it will be a tough slog for Seychelles. If Michel opens the door for dialogue, and the opposition responds in a serious manner, perhaps Seychelles can be saved. The time to act responsibly, is now. The burden and challenge rests on every single Seychellois, particularly the national leadership.
Sesel Pou Seselwa!
May God Bless All Freedom loving Seychellios!
11 comments:
Case dismissed.
But allegations of election misconduct are so serious a list of culprits named and told to turn up to court.
What a pathetic display of Justice without a scale.
Michel and Rene never had to turn up. If establishing Agency was an issue they would have to turn up. Party membership IS agency in written form. Incredible.
Hocus Pocus!
Then not a sanction on Michel, but you order to strike Ramkalawan from voters list over his Tamil letter?
Is it un patriotic? Yes, is it stupid? Yes. Is it desperate? Yes. Is it his opinion? Yes. We should allow him to have his opinion. If he wants to advance the cause of Tamils innSeychelles, make them ministers, make their language official, make a national day for them, that is his opinion. Is it reckless? Yes . HOWEVER, he is entitle to his opinion and he should not be struck on the voters list which means he is a lessor citizen, and cannot participate in politics.
An Irish and Two African Judges proposed to struck Ramkalawan off the voters list today.
Sesel Pou Seselwa!
Christopher Gill
Mr Gill, what I like with you is your truthfulness on this matter. You may not agree with Wavel, but you will defend his right when the justice system is not fair to him as a citizen. We need more justice in the Seychelles. We need to stand up for our rights and we need to denounce the justice system when it is not correct. It was a very sad day indeed, listening to the African and Irish Judges yesterday. In future, I hope we appoint Judges that can at least speak and express themselves in paper English. My 6 year old could have read better than the African judge.....Perhaps Michel should be struck off for appointing such low class judges ! Food for thought. Bravo Mr Gill !
In the African judges words- " this case is a demonstration of the progress of our democracy".
In Respondents words- " this case is a fair decision that demonstrates our progress in democracy".
Net effect-
upon the balance of evidence 10 odd individuals are summon to court on Tuesday to explain why they should not be prosecuted for election Fraud, all members of Le Pep.
Petitioner name is to be struck from the Voters a list, a fundamental right permanently denied .
Indeed i do not even know how a. Ramkalwan came up with this hair brain idea to make Tamils part of his government, make Tamil an official language, and make public holiday Just for Tamil people. It sickens my stomach because it offends everything I was ever taught about Sesel Pou Seselwa! In fact, it sickens me to my core. It should sicken others as well.
HOWEVER, we must defend his right to express himself and his ideas,
For this he has my 100% support.
The Judge over stepped her own principles she aspires to defend: The Constitution of Seychelles, which she helped write herself.
Sesel Pou Seselwa!
Christopher Gill
Mr Gill, Wavel did not promise anyone any special favours. Wavel indicated that all minority group will be treated fairly with respect. If any aspires to become a minister they can become one. Obviously, they will have to be a bonafide Seselwa with the right Seychelles Passport, such as the Deenus, Pillay, Chetty - but not the fabric such as Siva ! There was no promise of replacing the French, English and Creole language with Tamil as the official language ! The court have turned the table round to attack Wavel. Unfortunately, this is 'below the belt' and PL will pay dearly for this.
5:05
I remember reading this Tamil letter in Weekly, it was so unbelievable, I ignored it.
Now it is the basis of a Judgment that strikes his name from the register.
I will check the court files in detail.
But while you are. On the subject of " protecting minorities".
Our history does not have a history of discrimination towards any minority. Hence no Tamil would need any special protects that are not already enshrined in our Constitution. This is just a cheap Red Herring to fool Indians into supporting SNP. That is more likely the Truth give. What I know about SNP and it's ideology- there is none aside from the ideology of political convenience.
Our history is deeply embedded with a culture of slavery where black Africans were brought to Seychelles to farm and till soil to produce spices and agricultural product for French Families who were large block land owners .
It is this history that creates the roots of lingering poverty in Seychelles.
Mancham tried his formula to end poverty, in 1971 -1977.
Rene tried his formula from 1977- 2004.
Michel has tried his from 2004- 2016.
Never under any formula was there a need to protect Tamils, who are mostly rich already. They are the merchant class mostly.
Never under any formula have I heard a peep by a Tamil saying life is hard and they are victimized in Seychelles.
One grand father was a Tamil driver to State House. He slept with my grand mother and turn our family from being white Laportes to brown ones. Crossing that bridge, I have never felt like a minority in my country.
It all sounds like hog wash. It would be wise to refrain from rubbish on this site.
Take a lesson from colonel Ernesta.
Sesel Pou Seselwa!
Christopher Gill
Tamils are an ethenic minority group in Sri lanka,not an indegiuos ethnic gruop in Seycchelles.They must go ans demand their minority ethnic group rights in Sri lanka not Seychelles.
TAamils,are fundamentalists fanatic seperatist group who initiated a long civil war in Sri lanka becuase zhey donoz want to mix but stay a pure ezhnic gruop.Seychellois should not allow Tamils who we donot know how zhey are staying in seychelles,how they are holding our passports and even vozing in Seychelles elections.Seychellois concern should be eho gave zhese foreigners our passports and have all our passport gifted orcsold to them revoked.
We,should not allow these ethnic fanatics eho have nothing in conneczion with Seychellois import their etheni war from sri lanka zo seychellois nor allow them to built ollegal ethnic group on our shores to in the future create zhe kind of ethnic war zhey initiated in Sri lanka.
How are zhese Tamils living MAarried to seychellois?no.Expats?msybe,if zhey have not got married to seychelles national and are expats workers,how come they holding Seychelles passport?This should be seychellois concern.
If they donoz.like seychelles,zhey need zo go back to sri lanka as zhey came to seychelles...we never invited zhem he nor have any conneczion with zhem.
Zamils belong to sri lanka not seychelles....we should in fact not debate on them in our land,zhey have nothing tovdo here,,we should ask zhem to go back to zheir homeland Sri lanka in Tamilnidou. Not seychelles.
Zhese people were brought zo our shores by pl as cheap labour and after zheir contract ended,pl illegal dold zhen our passport which is illegal. ,,,,,All ourcpassportvgifted orcsold zoczhe tamil tiger ethenic fanatic should becrevoked and deport zhem tocsrivlanka.....zhr latter is zhe home not seychelles...
Seperatist ezhrnic mentality have no place in outr society,and we should never allow foreign tobimport it on our land in order to create future ezhenic conflicts and zhreazhen peace and zhe nation of Seychelles.
Ram should be asking himsrlf hoew are zamils hplding seychelles passport by zhousands whrn literally no single one is martied zo A srychellois?Note zhat Tamils like Ondians donoz like mixing wizh ozher ethnic groups zhus ehich explain zhe teason why zhey iniziated a srperatist war in sri lanka.........it means sldo,zhat since zhey donot.like micing zhose holding deychrllescpassport wpuld go to Sri lanka zo fing zheir wives or husband zhen bring zhem tovseychelles zocspeed up zhe invasion and on the longcterm out number us in our land,and zhis would means potential ethenic conglicts zhat we should never havebin seychrlles.Revokrbsll pasdpoeört illegal isdued,ans sold to zhese colonisators and srnd zhe back to sri lanka.
Seychelles offers a melting pot society to any one willing to melt.
This is our heritage.
We are not a separatist racist nation with a majority race or minority race.
This is why we say- " Sesel Pou Seselwa!"
We should live what we say, not use it as slap stick to make people dance .
I fundamentally do not agree with Ramkalawan on this point.
But I support him to say what he likes, as long as he likes, even if I do not agree with what he says.
But I appeal for temperament of the temper, and vile comments on all sides.
Sesel Pou Seselwa!
Christopher Gill
We were created as,Nation by people coming from different continents.We do accept others to dtay in our land,in fact we got a record for being generious wizh ozher nation...machariso and other came here in ecil.However,when foreigners go to live in ozher nations,what zhe need to do is not impose zhe culture etc on host country,but INTEGRATE..,zhat is learn hodt country culture,tradition,cuszomd etc...not vice versa..Hrnce Tamil must integrate..learn srga,our history not.impode zhe dividive ethnic mentality on ud which are dource for conflicts as we see in countries with etjnic groups.
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