Ralph Volcere served with papers to appear in court on Monday morning. Mathilda Twomey strikes again!
Evelyne Honorez Wish I could come to support you, Ralph! This is terrible! Good luck to you and to the people of the Seychelles!23 hours ago · · 
2
Michael 'ace' Sabadin A man can't ride your back unless it's bent. Martin Luther King, Jr.23 hours ago · · 2
Claude Mondon Well what do you know. Seychelles unique by a thousand laws..no matter what the world may say we are truly unique. No doubt about that. We design our own democracy, our own human rights standards etc etc. The rest of the world Should follow. We are the best.23 hours ago · · 4
Robin Johnston Hi Ralph take our constitution book to Court with you open the page that tells us about our freedom of speech and ask the judge to explain what it means!! then say you could not hear him and ask him to speak as loud as he can, then ask him what the PROBLEM IS? lol!23 hours ago · · 5
Kathleen Sabrina Any way those who think tht u speak to much they mit go to hell becuse this call free speech the cid only going to poeple house for promosyon they must first seat think of 2morrow lol.22 hours ago · 
Gilles Moulinie Hang in there and don't give up the struggle. Look at how the so Leaders / Dictators are not getting taken out by their own people. One day like my dad always said... He would be proud of you as JBAEM as he was called wrote enough Poison Letters ...this is what SPUP used to call it... He was just expressing the Truth and Freedom of speech ... Freedom of the Press. Have a good Christmas my friends in the Seychelles...and let us all pray for a better New Year for all. Gilles Moulinie, Durban, South Africa.22 hours ago · · 2
Christina de Comarmond I wish i could be there for support Ralph, but I will be there in spirit.21 hours ago · 
Elvis Joubert A few weeks ago Lepep stalwart Gustave Decomarmond wrote on his page the following after he was visited by 2 CIDS regarding comments he wrote on facebook about air seychelles.
"I never knew our freedom of expression on such a popular social network like Facebook could be violated just coz a few 'untouchables' find it hard to swallow the truth & prefer to act as cowards & use their privileges to use the police to come & intimidate me!
A sad day indeed & wot a worrying state of affairs in this country if FB is now being policed...just coz the truth, the whole truth & nothing but the truth hurts! Wot next...FB users will start disappearing under 'mysterious circumstances'"
IT IS NOW OBVIOUS THAT 'UNTOUCHABLES & PRIVILEGED FEW " WILL USE WHATEVER MEANS TO SUPPRESS ALL FORMS OF FREEDOM OF EXPRESSION AND SPEECH.21 hours ago · · 3
Sang Wong An ILLEGAL COURT OF APPEALS, in an ILLEGAL SUPREME COURT of an ILLEGAL GOVERNMENT. Time to get rid of the FACADE and set up a country for SEYCHELLOIS PEOPLE. SEYCHELLOIS want their country BACK. NOW!19 hours ago · 
Jack Beck DECISION OF COURT OF APPEAL IN PDM CASE REWRITES THE CONSTITUTION
The decision of the Court of Appeal in the case of the Popular Democratic Movement is devoid of legal justification and totally ignores the key provisions of the Constitution regarding the matter of the case. In this decision, the Judges of the Court of Appeal, JJ Macgregor, Twomey and Fernando, have not interpreted the Constitution as it exists, they have written their own. These Judges have decided that the wording of the Constitutional amendment is not suitable and they have made their own amendment.
In its decision, delivered on December 9, 2011, the Court of Appeal found that the PDM was entitled to a proportionally elected seat in the National Assembly from the result of the general election held on October 1, 2011 because it had obtained over 10% of ‘valid votes’. It thus reversed the majority decision of the Constitutional Court given by CJ Egonda-Ntende and J Gaswaga and of the Seychelles Electoral Commission that the Constitution allocates proportionally elected seats on the basis of total ‘votes cast’ . The decisions of these institutions could have been overturned only with clear Constitutional basis which the Court of Appeal has not been able to provide.
The Constitution makes very clear and specific distinction between the allocation of seats to directly elected members and to proportionally elected members.
Article 78 of the Constitution states without ambiguity that the allocation of proportionally elected seats shall be as “specified in schedule 4”.
This Schedule 4 carries the clear tile “Proportionally Elected Members” and deals only with such members. Thus the Constitution clearly sets different rules for the allocation of these seats. The Judges of the Court of Appeal have no basis for saying that the two must be the same.
This Schedule 4 contains the provision that has been quoted so often and which was the basis of the Judgement of JJ Egonda-Ntende and Gaswaga of the Constitutional Court.
“A political party which has nominated one or more candidates in a general election and has polled in respect of the candidates in aggregates 10% or more of the votes cast at the election may nominate a proportionally elected member for each 10% of the vote polled. “
As the two judges of the Constitutional Court stated in their decision, the Constitution has in several instances used the terms ‘votes cast’ and ‘valid votes’ and it is clear that there are two different meanings. ‘Votes cast’ as stated in Schedule 4 is different from ‘valid votes’.
Votes cast can only mean votes that are put in the box. As CJ Egonda-Ntende stated, this is the only possible interpretation. The action of casting the vote comes before any interpretation of the vote as being valid or not. If a vote is invalid, it does not alter the fact that it has been cast.
CAJ Fernando’s statement argues that the Constitution could not have intended to recognise that a person would not vote or would cast an invalid vote. But this is precisely what Schedule 4 does.
The principle of using total ‘votes cast’ may be misguided. If this is so, then we have to go back and change the Constitution. The Judges have no right to ignore what the Constitution says.
The Judges of the Court of Appeal have fallen back, as Judge Burhan did in the Constitutional Court Case, on the Elections Act, which prescribes a different method of tallying the votes. But it is very clear that the Elections Act does not apply to Proportionally Elected Seats.
This is how the Elections Act begins:
Short title and Application 1. (1) This Act may be cited as the Elections Act.
(2) This Act shall apply for the purposes of: -
(a) an election of the President
(b) an election of a directly elected member of the National Assembly
(c) a referendum.
The Act does not include ‘Proportionally Elected Members’ in its stated purpose and makes no mention of proportionally elected seats. In seeking to rest their judgement on it, the Judges are grasping thin air.
The decision of the Court of Appeal, being so weak in legal justification, undermines the credibility of the Judiciary as the guardian of the Constitution and the law. The decision has grave consequences for our democratic system because it allows the composition of a National Assembly that is not according to the Constitution and by that sets aside the wishes of the electorate.
The Court of Appeal has, in this ill-considered decision, diminished the credibility of the Constitutional Court, of Chief Justice Egenda-Ntende and of the Seychelles Electoral Commission.
Seychelles National Party
December 9, 201119 hours ago · · 1
Myrna Confait Have faith and believe in you , there are consequences of being a politician, its not an easy job. You trying to find justice and fight for the people's right. Its a long winding road Ralph and lonely but your belief and Passion for it and trustworthy people who believe in you will soldier on hopefully by your side.God luck and god bless,17 hours ago · · 1- Myrna Confait In life, we all can't be doctors, teachers, dentists , mothers and fathers , brothers and sisters. Like there are good politicians and shit politicians.its not about cowardice,, its their lively hood for of the people of Seychelles.Years and years of struggle. Let down numerous time..whether to believe all promises...15 hours ago ·
Sandra Volcere Hey Dad! Such a shame that it's come to this! I've been trying to call but I can't get through, hope you are safe. I'm so proud that you have the resilience and courage to stand up for what you believe in. Good luck for Monday! Stand tall and stay strong! Xx13 hours ago · · 5
- Evelyne Honorez Wish I could come to support you, Ralph! This is terrible! Good luck to you and to the people of the Seychelles!23 hours ago · · 2
- Michael 'ace' Sabadin A man can't ride your back unless it's bent. Martin Luther King, Jr.23 hours ago · · 2
- Claude Mondon Well what do you know. Seychelles unique by a thousand laws..no matter what the world may say we are truly unique. No doubt about that. We design our own democracy, our own human rights standards etc etc. The rest of the world Should follow. We are the best.23 hours ago · · 4
- Robin Johnston Hi Ralph take our constitution book to Court with you open the page that tells us about our freedom of speech and ask the judge to explain what it means!! then say you could not hear him and ask him to speak as loud as he can, then ask him what the PROBLEM IS? lol!23 hours ago · · 5
- Kathleen Sabrina Any way those who think tht u speak to much they mit go to hell becuse this call free speech the cid only going to poeple house for promosyon they must first seat think of 2morrow lol.22 hours ago ·
- Gilles Moulinie Hang in there and don't give up the struggle. Look at how the so Leaders / Dictators are not getting taken out by their own people. One day like my dad always said... He would be proud of you as JBAEM as he was called wrote enough Poison Letters ...this is what SPUP used to call it... He was just expressing the Truth and Freedom of speech ... Freedom of the Press. Have a good Christmas my friends in the Seychelles...and let us all pray for a better New Year for all. Gilles Moulinie, Durban, South Africa.22 hours ago · · 2
- Christina de Comarmond I wish i could be there for support Ralph, but I will be there in spirit.21 hours ago ·
- Elvis Joubert A few weeks ago Lepep stalwart Gustave Decomarmond wrote on his page the following after he was visited by 2 CIDS regarding comments he wrote on facebook about air seychelles.
"I never knew our freedom of expression on such a popular social network like Facebook could be violated just coz a few 'untouchables' find it hard to swallow the truth & prefer to act as cowards & use their privileges to use the police to come & intimidate me!
A sad day indeed & wot a worrying state of affairs in this country if FB is now being policed...just coz the truth, the whole truth & nothing but the truth hurts! Wot next...FB users will start disappearing under 'mysterious circumstances'"
IT IS NOW OBVIOUS THAT 'UNTOUCHABLES & PRIVILEGED FEW " WILL USE WHATEVER MEANS TO SUPPRESS ALL FORMS OF FREEDOM OF EXPRESSION AND SPEECH.21 hours ago · · 3 - Sang Wong An ILLEGAL COURT OF APPEALS, in an ILLEGAL SUPREME COURT of an ILLEGAL GOVERNMENT. Time to get rid of the FACADE and set up a country for SEYCHELLOIS PEOPLE. SEYCHELLOIS want their country BACK. NOW!19 hours ago ·
- Jack Beck DECISION OF COURT OF APPEAL IN PDM CASE REWRITES THE CONSTITUTION
The decision of the Court of Appeal in the case of the Popular Democratic Movement is devoid of legal justification and totally ignores the key provisions of the Constitution regarding the matter of the case. In this decision, the Judges of the Court of Appeal, JJ Macgregor, Twomey and Fernando, have not interpreted the Constitution as it exists, they have written their own. These Judges have decided that the wording of the Constitutional amendment is not suitable and they have made their own amendment.
In its decision, delivered on December 9, 2011, the Court of Appeal found that the PDM was entitled to a proportionally elected seat in the National Assembly from the result of the general election held on October 1, 2011 because it had obtained over 10% of ‘valid votes’. It thus reversed the majority decision of the Constitutional Court given by CJ Egonda-Ntende and J Gaswaga and of the Seychelles Electoral Commission that the Constitution allocates proportionally elected seats on the basis of total ‘votes cast’ . The decisions of these institutions could have been overturned only with clear Constitutional basis which the Court of Appeal has not been able to provide.
The Constitution makes very clear and specific distinction between the allocation of seats to directly elected members and to proportionally elected members.
Article 78 of the Constitution states without ambiguity that the allocation of proportionally elected seats shall be as “specified in schedule 4”.
This Schedule 4 carries the clear tile “Proportionally Elected Members” and deals only with such members. Thus the Constitution clearly sets different rules for the allocation of these seats. The Judges of the Court of Appeal have no basis for saying that the two must be the same.
This Schedule 4 contains the provision that has been quoted so often and which was the basis of the Judgement of JJ Egonda-Ntende and Gaswaga of the Constitutional Court.
“A political party which has nominated one or more candidates in a general election and has polled in respect of the candidates in aggregates 10% or more of the votes cast at the election may nominate a proportionally elected member for each 10% of the vote polled. “
As the two judges of the Constitutional Court stated in their decision, the Constitution has in several instances used the terms ‘votes cast’ and ‘valid votes’ and it is clear that there are two different meanings. ‘Votes cast’ as stated in Schedule 4 is different from ‘valid votes’.
Votes cast can only mean votes that are put in the box. As CJ Egonda-Ntende stated, this is the only possible interpretation. The action of casting the vote comes before any interpretation of the vote as being valid or not. If a vote is invalid, it does not alter the fact that it has been cast.
CAJ Fernando’s statement argues that the Constitution could not have intended to recognise that a person would not vote or would cast an invalid vote. But this is precisely what Schedule 4 does.
The principle of using total ‘votes cast’ may be misguided. If this is so, then we have to go back and change the Constitution. The Judges have no right to ignore what the Constitution says.
The Judges of the Court of Appeal have fallen back, as Judge Burhan did in the Constitutional Court Case, on the Elections Act, which prescribes a different method of tallying the votes. But it is very clear that the Elections Act does not apply to Proportionally Elected Seats.
This is how the Elections Act begins:
Short title and Application 1. (1) This Act may be cited as the Elections Act.
(2) This Act shall apply for the purposes of: -
(a) an election of the President
(b) an election of a directly elected member of the National Assembly
(c) a referendum.
The Act does not include ‘Proportionally Elected Members’ in its stated purpose and makes no mention of proportionally elected seats. In seeking to rest their judgement on it, the Judges are grasping thin air.
The decision of the Court of Appeal, being so weak in legal justification, undermines the credibility of the Judiciary as the guardian of the Constitution and the law. The decision has grave consequences for our democratic system because it allows the composition of a National Assembly that is not according to the Constitution and by that sets aside the wishes of the electorate.
The Court of Appeal has, in this ill-considered decision, diminished the credibility of the Constitutional Court, of Chief Justice Egenda-Ntende and of the Seychelles Electoral Commission.
Seychelles National Party
December 9, 201119 hours ago · · 1 - Myrna Confait Have faith and believe in you , there are consequences of being a politician, its not an easy job. You trying to find justice and fight for the people's right. Its a long winding road Ralph and lonely but your belief and Passion for it and trustworthy people who believe in you will soldier on hopefully by your side.God luck and god bless,17 hours ago · · 1
- Myrna Confait In life, we all can't be doctors, teachers, dentists , mothers and fathers , brothers and sisters. Like there are good politicians and shit politicians.its not about cowardice,, its their lively hood for of the people of Seychelles.Years and years of struggle. Let down numerous time..whether to believe all promises...15 hours ago ·
- Sandra Volcere Hey Dad! Such a shame that it's come to this! I've been trying to call but I can't get through, hope you are safe. I'm so proud that you have the resilience and courage to stand up for what you believe in. Good luck for Monday! Stand tall and stay strong! Xx13 hours ago · · 5
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