PAUL CHOW v/s JAMES MICHEL, PATRICK HERMINIE & ATTORNEY GENERAL | ||||||||||||||||||
On the matter of the SBC Act not being in conformity with the Constitution | ||||||||||||||||||
In August 2010, I filed a petition before the Constitutional Court asking the Court to compel the authorities to bring the Seychelles Broadcasting Act 1992 in conformity with article 168 of the Constitution, which the Constitution itself had given until July, 1994 for this to be done, but which so far had not been done under four administrations. Article 168 of the Constitution says: 168(1) The State shall ensure that all broadcasting media which it owns or controls or which receive a contribution from the public fund are so constituted and managed that they may operate independently of the State and of the political or other influence of the bodies, persons or political parties. 168(2) For the purposes of clause (1), the broadcasting media referred to in that clause shall, subject to this Constitution and any other law, afford opportunities and facilities for the presentation of divergent views. Meanwhile paragraph 2(5) of Schedule 7 of the Constitution also says: (5) The State shall, within twelve months of the coming into force of this Constitution, bring the Seychelles Broadcasting Corporation Act, 1992 into conformity with article 168. On filing of my petition the Attorney General representing the State to my great surprise (as he was the one who had failed to advise the authorities to comply with the Constitution) objected to my petition claiming that the Court should not entertain it as I had failed to file it within the prescribed time limit of 30 days or 3 months from the date that the authorities had to pass the necessary law to amend the SBC Act. On the 11th November, 2010, the Constitutional Court presided by Chief Justice Egonda-Ntende heard the A.G’s objections and adjourned the matter for the 1st February, 2011, for Ruling on the objections. This morning the Constitutional Court dismissed the Attorney General’s preliminary objections and set 22 March 2011 at 10.30 am to hear the petition. The case is being brilliantly pursued by Mr Frank Ally. | ||||||||||||||||||
What Judge Michael Riley said about SBC and the Constitution: REPORT OF THE INQUIRY INTO THE EVENTS IN VICTORIA ON 3 OCTOBER, 2006 Recommendation: - Since the provision in Schedule 7.2(5) of the Constitution was made following consideration of the issues by a distinguished Constitutional Commission and included in the text of the Constitution the Inquiry recommends that the requirement contained in Schedule 7.2(5) be implemented forthwith. Recommendation: - A new system for selecting persons to serve on the Board of the SBC should be introduced. The new system should contain the following elements – (a) Positions on the Board should be advertised and applications invited from members of the public who have suitable qualification and/ or experience; (b) The recruitment net should be cast as wide as possible; (c) Qualifications and experience required for membership should relate to – (i) media and commercial matters; (ii) media and broadcasting technologies; (iii) legal matters; (iv) social, cultural, educational or community activities. (d) There should be a staff representative on the Board; (e) The selection process should include an interview by an Interview Board, consisting of persons of known independent credentials, of each candidate who has the necessary qualifications or experience. Those not called for interview should be told why they were not called and also those who were unsuccessful at the interview should be told why they were unsuccessful. The Interview Board should establish a panel of three people it considers suitable for appointment. The panel should be sent to the President to make the final nomination for the SBC Board from those listed in the panel. The nomination should be laid before the Assembly and should automatically proceed to appointment by the President unless a resolution is passed by the Assembly – by simple majority vote – rejecting the nomination in which case the appointment should not go ahead and another nominee from the panel should be put forward by the President. If the Assembly rejects the first two candidates on the panel, the third should be automatically appointed by the President; (f) The tenure of office should be for a period of approximately one-and-a-half times the period of office of a Government. In other words, changes in the Board should not coincide with elections. Also the mechanism should provide for continuity within the Board by providing that changes in the membership should take place at different times; (g) Once a person is appointed to the Board their tenure of office and conditions of service should be protected. It should not be possible to remove a member of the Board except by an Order of the President and then only for stated incompetence, misbehaviour, or incapacity and should be effective only after the Presidential Order has been approved by a resolution of the Assembly by a weighted majority of, say, two-thirds of the members present and voting on the resolution. Recommendation:- The editorial policy of the SBC should be clearly set out and published. Furthermore, the SBC should include in an annual report to the proposed Ombudsman (see paragraph 10.29) an account of how it has delivered on its editorial commitments. This, in turn, should be reflected in the Ombudsman’s published report. Recommendation:- The Managing Director of the SBC should be recruited by the Board of the SBC using similar principles to those set out for the recruitment of members of the Board. He should be appointed by the Board and be accountable to it. His term of office and conditions of employment should be agreed between him and the Board and should be clearly set out in his contract of employment with the SBC. Removal of the Managing Director should be a matter for the Board. Recommendation:- An effective independent complaints procedure should be put in place. An Ombudsman should be appointed who would have the role of reviewing the decisions of the SBC which give rise to the complaints. | ||||||||||||||||||
Wednesday, February 2, 2011
Eyewitness News
Tuesday, February 1, 2011
Happy Birthday!!
$100 Million Charged To Government Land Days Before Seychelles Went Bankrupt
The Lease
On May 1st 2005, Mr. Patrick Lablache, signed on behalf of the Government of Seychelles, a Seventy (70) year lease for J2398 situated at Port Launay Seychelles, where Ephelia Hotel now exist, to Port Launay Resort Limited.
Mr. Guy Adam represented the company in the lease. Rent for the term is a mere One Hundred Forty Two Thousand Eight Hundred Fifty Seven Thousand and Fourteen Cents ($142,857.14) per annum or per month a mere sum of Eleven Thousand Nine Hundred Five and Seventy Five cents ($ 11,905.75).
The area in question represents 354 acres of beach front, marsh and lush virgin mountain property. Actual Fair Market Value of this property would be exceed much more then the consideration negotiated. To add insult to injury, Stamp Duty for the transaction was free as per Transaction Deed stamps and signatures.
Who Is Port Launay Resorts Limited
A key director with Public Officer positioning in Port Launay Resorts is Captain Guy Adam. He is a director of SEPEC ( national oil fuel company) and has directorships of other prominent companies, including Bunson Travel, Corvina Investment (with ex-Mario Ricci company), Le Refuge du Pecheur (Lemuria Hotel), Simba Holdings ( ex- Mario Ricci Company) , Mahe Shipping ( with ex-Mario Ricci company).
The next key Public Officer who is a director of Port Launay Resorts is Mr. Glenny Savy of IDC. Mr. Savy as we know, controls all our Outer Islands as per a lease from Government of Seychelles to IDC, in 1994. Mr. Savy’s directorships include Cerf and Surf Investments, Corvina Investments ( ex- Mario Ricci company), Desroches Island Resort Limited, IDC of course, Le Refuge du Pecheur (Lemuria Hotel), Seychelles Fishing Authority, though he has resigned now, Simba Holdings ( ex Mario Ricci company).
In addition to these Two key Public Officer players, there is of course Mr. Pierre Guy Noel head of MCB Mauritius, who is a Director of Port Launay Resorts. It is unclear if Mr. Noel made a declaration of interest in Port Launay Resorts, when MCB considered the mega loan request, as required under Mauritian laws.
Interestingly enough the nephew of deceased Mario Ricci, Alessandro Picchi, is the other director of Port Launay Resorts. He holds directorships in Corvina Investments, Corvina Management, GMR Group Conglomerate, International Pharmaceuticals (Seychelles) Limited, Mahe Shipping, and other companies. It would appear the legacy of Mr. Ricci continues to turn its web in Seychelles.
One must take note of the overlapping directorships.
Additionally, Alain Savy ( Seychellois), Jean Wheeling (Seychellois) , Adolphe Vallet ( Mauritian), Louis Rivalland ( Seychellois), and Mohamed Lodhi (Swiss) are directors. They are private persons and we take no issue with them.
Where’s The Money?
In June 2008, Two (2) months before Government of Seychelles defaulted on the second Bond installment of Three Million US Dollars ($3,000,000.00) on the Lehman Brothers Bonds, Captain Guy Adam registered a charge exceeding One Hundred Million Dollars $100,000,000.00 or EURO Sixty Million (euro 60,000,000.00) in favor of the MCB of Port Louis , Mauritius using J2398, Port Launay, as security for the charge. The charge is a first line instrument.
At a stroke of a pen, Captain Adam turned Seychellois patrimony he obtained at a cheap price, under market price substantially at the time, into over One Hundred Million US Dollars bank facility. An incredible feat without even mortgage insurance.
Money taken for a charge usually reflects the value of the property. In this charge, no additional mortgage property was taken, nor additional account secured. The People of Seychelles, paid the price to make it happen, while we defaulted on our BONDS, and IMF stepped in to run our country.
The money taken under charge, had to be used to build a hotel resort project. It is unclear what the shareholder contributions were or if that was required to improve the land.
People of Seychelles, open your eyes to the divesting of our interest in our patrimony before us, they usually involve a Public Officer or two.
It is they and there friends, who enjoy the benefits of the real value of our land, we get peanuts and carry the National Bankruptcy of Seychelles on our shoulders and our children’s shoulders.
Sesel Pou Seselwa!
May God Bless All Freedom Loving Seychellois!
Tuesday, January 25, 2011
SPPF / PARTI LEPEP GIFTING THE COUNTRY TO FOREIGNERS TO SECURE THEIR OWN SURVIVAL!
Norisco Disposed its interest in North Island Seychelles April 2010
Wilderness Holdings Ltd has been fronted by the Government of Seychelles as the proper owner of North Island since it took possession of the Island and vouched to build a premier world class island eco resort on the island.
However, in an abridged Circular to Wilderness Shareholders relating to the disposal of North Island, which took place in the 2nd quarter of fiscal year 2010, Norisco Holdings of S.A. reveals it had substantial shareholdings in North Island, Seychelles. Norsico also goes to great steps to reveal the nature of the transaction, which the Government of Seychelles has been silent on till now. No publication of the offer was made to a Seychellois.
One begs to ask who are the real shareholders behind Norisco, holding North Island for years unbeknownst to Seychellois. It remind me a little like referring to IDC as a parastatal, when it is an LTD company.
Wilderness Had Limited Shares In Norisco that held North Island
The circular states clearly to shareholders, that: ”Norisco has disposed of shares of its wholly owned subsidiary North Island Company. Wilderness held only 20% shares of Norisco. Government of Seychelles, never divulged this little detail to the Public.
Who Is Wilderness?
Wilderness is an investment holding vehicle…has been in operation for 26 years…and has developed a brand offering classic safaris. Wilderness has a policy of “building sustainable conservation economies through responsible tourism and shares the benefits of tourism with local communities and ensures conservation of these areas for future generations (end of quote).
The circular also reveals that Norisco is an investment company incorporated in Luxembourg and North Island, Seychelles is its sole investment. Without explanation, Norisco, who ever that is, not Wilderness, decided to dispose of North Island. Numerous heavy hitters in key positions of government in Seychelles, enjoy incorporating companies in Luxembourg as a pass time.
Groval Buys Out Norisco
On April 29th, 2010, an agreement for the sale of 100% of share capital of North Island Company and the assignment of the shareholder loans, was entered into between Groval and Norisco.
How Much For North Island, Seychelles
The total amount paid by Groval, to Norisco for the entire share capital of North Island Company was $US 47.5 Million. $ 6 Million was held in escrow for release on May 31,2011 to secure all of Vendors warranties.
Immovable Property Restriction Act
Under the laws of Seychelles, any transaction be it transfer of shares or interest in immovable property, by non Seychellois, must obtain Sanctions to successfully complete the transaction. Additionally Stamp Duty would have to be paid for the transfer. It is unclear at this time if either has taken place.
When Sanctions are not obtained, the transaction is deemed void.
Who Owned Norisco and Grovel
It remains unclear at this time, who owns Norisco or Grovel, the purported new owner of North Island, Seychelles.
Additionally which Seychellois if any, were involved in the transaction.
North Island Company is incorporated in the Seychelles, and entire share capital is held by Norisco. Now, why would they do that, if Wilderness was
Running North Island all these years?
More to come !
SESEL POU SESELWA!
May God Bless All Freedom Loving Seychellois!
Wednesday, January 19, 2011
SPPF Gave Islands for One Rupee to IDC
On December 20th, 1994, Francis Chang Sam, drafted a lease for 99 years between the Government of Seychelles and the ISLAND DEVELOPMENT COMPANY LIMITED (IDC).
The Managing Director of IDC at the time was Mr. Glenny Savy and he signed the lease on behalf of IDC. Joseph Nourice now Ambassador, signed on behalf of the Government of Seychelles. Chang Sam who is quiet, but is becoming known to do a lot of these cozy deals for the powerful prepared the lease documents and acted as a Notary.
Chang Sam was also a Board member of the Central Bank of Seychelles
Lease Term 99 Years at One Go
The lease consideration for a 99 year lease was Rs. 1.00. No other payment was made.
The Lease included all buildings and all existing infrastructure on the following islands, many of which Mr. Savy has gone on to sign off sales and subdivisions and made numerous transactions.
All along, we were given the impression that these islands are being cared for by IDC, for the people of Seychelles
Are they being cared for or are they being milked?
Name Those Islands for Rs. 1.00
The islands that went for One Seychelles Rupee in One transaction for 99 years, to one company managed by one man, is as follows according to the transcription Volume TB 8 No. 214 , Registration Vol. B 33 No. 1219 , dated 20th January 1995 are: 1. Silhouette, 2. Ile Platte, 3. Desroches (of the Amirantes Group), 4. Remire (of the Amirantes Group), 5.Marie Louise ( of Amirantes Group), 6. Desnoeufs (of the Amirantes Group), 7. Poivre Atoll, 8. Alphonse and St. Francois Atolls, 9. Providence Islands 11. Cosmoledo Atoll.
Stamp Duty “Free”
To add insult to injury, no valuation of assets on the islands were made. No valuation of the islands themselves made. Finally, no stamp duty was paid. Under the Stamp Duty Ordinance, section 6 and 20 Revenue Stamp it reads: “FREE”.
D’Arros Island Group
In the matter of the Bettencourt properties of the D’Arros Island Group bought from the Palavi Family of Iran, her lawyers had estimated and valued that island group to be worth Euro 1 Billion, and formed a significant portion of her real estate holdings in terms of value.
Given that D’Arros is worth almost Euro 1 Billion, what value could we place on the islands given for 99 years for Rs. 1.00 to IDC, a company that Mr. Savy will likely now try to control for life, for obvious reasons.
Restriction of Assignment
One interesting article of the lease is the restriction of assignment of any interest on these islands without the written permission of the Republic.
Has the Government of Seychelles approved of all the land sales on Desroches Island Outer Islands
Complaining about Glenny Savy Acting like a President on Outer Islands
Those who complain that Glenny Savy acts like the President of the Outer Islands can now stop crying. The deed of Transaction that Albert Rene ordered, before he left, soon after multi party was announced, allows Mr. Savy to do what he wants to the Outer Islands Outer Islands
Now we know why IDC offices are referred to as STATE HOUSE at Newport
SESEL POU SESELWA!
May God Bless All Freedom Loving Seychellois!
Thursday, January 13, 2011
Tuesday, January 11, 2011
The Seychelles Column - By Christopher Gill
We Want True Democratic Elections Not Sham Elections in Seychelles
Happy New Year all Freedom Loving Seychellois!
I would like to take this opportunity to wish all Freedom Loving Seychellois, a Happy New Year! We are all born free and no one gives us Freedom. Freedom is our birth right. Seychelles is our Motherland, she belongs to us, as we belong to her, let not one man take our Motherland away from us: Happy New Year!
We Want True Democracy Not Sham Elections
Seychellois want true democracy to reign in Seychelles. We do not want any part of tyranny, communism or sham elections to prop up failed regimes. We want the Right to life, the Right to Liberty, and the Right to the persue Happiness to be guaranteed to all Seselwa Rasin in their Motherland, no matter where they live in the World.
We will not accept any excuses why we cannot enjoy our Freedom as God intended we do.
We will not accept excuses over why we cannot enjoy the Right to life, and meet our Maker, when he decides, as opposed to when a Communist thug decides.
We will not entertain explanations of why we are not entitled to be happy in our Motherland, while we are overrun by foreigners willing to pay bribes to enjoy paradise and launder wealth.
In 2011 I say this to PL Communists and their cohorts: Seychelles belongs to Seselwa Rasin, not to any one else. This is a constant in the political equation of Seychelles that will never, change.
Communists and Collaborators that attempt to keep Communists in power, before warned: it is the wish of the Seselwa Rasin people, that Democracy reign in Seychelles, and sham elections be done away with once and for all. All voices must be heard, not just some voices that sound off according to instruction.
Electoral Commissioner Setting Up Sham Elections
It is becoming highly evident to me personally that the Electoral Commissioner Hendrik Gappy, who doubles as the Registrar of Political Parties in Seychelles, is setting up the Elections of 2011 to be a SHAM ELECTION to keep a failed regime in power, led by James Michel.
Everyday, Mr. Gappy, who has been appointed by the PL Presidential candidate on a short leash Two (2) year term of office, uses the SBC to brainwash the Public into believing that his election process is “free -fair and credible”. It is not of course.
Early in the process of elections for 2011 there is a strong case to demonstrate that the elections of 2011 will be sham elections.
MSR Denied Certification To Participate
On December 17th, 2010 Mouvman Seselwa Rasin (MSR) was denied certification to participate as a bona fide political party in the process, by Hendrik Gappy. Mr. Gappy blocked certification of MSR because MSR poses a real threat to the ruling PL Communist parties hold on power. Because MSR members and supporters come not only from the Opposition, but from the PL as well, PL did not want MSR taking votes from it in the upcoming elections.
A little here and there would be enough to defeat James Michel, the only President in our history to lead us into bankruptcy.
Briefly, Mr. Gappy claims the party platform of MSR is discriminatory, but our lawyers say differently. They are right of course and Mr. Gappy is wrong as usual. A party platform cannot discriminate against anyone, since it has not been put to practice, under color of law or government action. It is only a proposed program for reform and change of status quo until validated by the support of the People.
Furthermore, after over Ten (10) years of being a Registrar of Political Parties, Mr. Gappy has no rules or regulations in place for party certification. This means he cannot legally deny certification any political party. Without rules and regulations in place the Registrar of Political Parties is a little like a crab- without claws.
Any hobo lawyer will tell you that enabling legislation creating an agency is not sufficient for the functioning of the agency. You need rules and regulations in place to function as an agency. It is illegal to function on as AD HOC basis, especially when you are dealing with the election process. Mr. Gappy has admitted to functioning on an Ad Hoc basis on SBC only this week. Hence he knowingly has broken the law in the past in the course of administrating elections.
In reality, Mr. Gappy’s disclosure on SBC reveals that all our past elections were illegal. Now he wants the next election to be “credible”.
A dereliction of civil servant duty if ever there was such a case. Yet the man was just handed a Two (2) year contract again. Why?
No Equal Protection For MSR Supporters No Human Rights
As MSR is denied certification, Mr. Gappy has curtailed the rights of MSR members and supporters who have their names on the Voter Register. This being the case, the Voter Register cannot be credible, since those MSR members and supporters will not be able to vote for their presidential candidate Christopher Gill. Any Voter Register that victimizes a voter based on his or beliefs, cannot be remotely credible.
To restore credibility to the Voter Register in this instance, the Voters that support MSR must be given the right to cast a vote for MSR candidate. Alternatively, Mr. Gappy must resign from the office of the Electoral Commissioner before the next elections, to restore credibility to the process after MSR is certified.
Verification Process of Names on Register Badly flawed
The process Mr. Gappy uses to verify names on the Voter Register is badly flawed. This makes the Voter Registry not credible. The flaw is in the process which is highly controlled, to contain discovery of the fraud within the Voters Registry. Read below.
Mr. Gappy opens the Voter Registry once every year, for Two (2) weeks, in January of each year. He allows you to go to your District to check for YOUR name. His highly flawed process does not permit you to go to his office and reveal fraudulent names on the registry be they patent or latent in nature. This being the case, no one inspects the fraudulent Fabrikes on the Voters List.
We in MSR believe there are as many as 5,000 Fabrikes on the Voter register that are not bona fide Seychellois. They have obtained citizenship under GOP and applied for Citizenship, they have obtained Citizenship through buying passports, which we know has been common practice in Seychelles for many, many years.
Credibility of the Voters List could easily be certified if the list was made available on the internet. No secret in having the right to vote. But Gappy uses an elaborate process to check ones name and district.
Mr. Gappy knows that MSR will address these issues, and the balance of power and political control in Seychelles, hinges on this key point. Hence his attempts to ridicule our serious efforts to form part of the political process in Seychelles.
Sudden Departure of the Chief Electoral Officer and Dubious Replacement
A final point that renders the Voter Register flawed and not verifiable as being accurate of the bona fide voters in Seychelles, is that the Chief Electoral Officer for over Ten (10) years Mr. Anacle Tirant, has just suddenly resigned or retired, without Notice to the Public. Mr. Tirant has been caretaker of the Electoral Register for many, many years, and he just packed up and left on the eve of a Presidential Election.
Miss Jenny Adrienne has been named as the replacement of Mr. Anacle Tirant, and her qualifications and trustworthiness have not been solidly established with the Public at Large. In fact, her career record leads one to believe she is bent politically towards the PL Communist Party and not a neutral person.
Here are the reasons of this assertion: 1. she retired from Revenue Commission and Customs after a long career, 2. went to the Central Bank, left quickly; 3. went to the Supreme Court, as Master of the Courts and left abruptly, without Notice to the Public as to why she left.
Now, if someone has bounced about that much in Government in this short time span as Miss Adrienne, one can only ask why has she been handled with kid gloves all along the way only to be given the post of Chief Electoral Officer on the eve of elections?
I leave this to Miss Adrienne to clarify to the Public as she is so obligated to do. If she does not clarify this adequately, MSR will call for her resignation as well, as we call for Mr. Gappy’s , for breach of public confidence, in knowingly violating material provisions of the Seychelles Constitution in the discharge of official duties.
For her part Miss Adrienne has told us that she is capable and can do the job as Electoral Commissioner. Mr. Gappy backs her up and says that they can make the Voter Register credible in the Two (2) weeks Miss Adrienne will be working on the list in January 2011. I suspect she said she was capable when applying for Master of the Court post and the post at the Central Bank of Seychelles, which she quickly departed from.
Against this back drop is numerous years of poor voter turn out to verify their names on the Voters List every January of each New Year. 8%, 12% 16%, etc.
If Voter turn out is poor over the next Two (2) weeks, then the Voters List has not been sufficiently verified by those entitled to vote, to push forward with elections using the list. It renders the list not sufficiently credible. All parties in opposition to PL must stand united and Boycott the use of a not credible Voters Registration List.
When Mr. Gappy moves forward with a flawed Voters List, as we expect he will, he will be implementing a flawed election process upon the will of the people. The world usually calls such process a SHAM ELECTIONS.
Sham Elections should be BOYCOTTED by the People, to take the Government of the day down the hard way. We will have to reclaim our Freedom.
Mr. Gappy knows that, that is why he spends each night on SBC to brain wash our People over his already, dubious process.
His efforts remind me of the Jonestown, Guyana massacre where Jim Jones in Guyana, the guy who mixed a KOOL AID ( Orange Squash) for his church of 1000 people and made them drink it. But Jones did not tell them the mix had a little Cyanide in it. Hundreds died, listening to Pastor Jim Jones, “a man of God”.
Bona Fide Seychellois Overseas Still Not Permitted on Voters
List
While Mr. Gappy and Mr Tirant have been registering patently or latently fake citizens or Fabrikes on the Voter Registration List for years, they have been denying bona fide Seychellois that reside overseas the right to be placed on the list and the right to vote in upcoming elections.
The residency requirement for Voter Registration was done in 1993, because of the high cost at the time to register voters residing over seas. Today, with internet technology, it is easy to register a Bona Fide Seychellois who resides overseas to vote. No effort has been made by PL , Gappy or the Attorney General to do that in order to enfranchise these bonafide Seychellois.
Overseas voters have even formed groupings on Facebook to have their voice heard. If these people cannot be placed on the Voters Register List, then that list is flawed to the extent that these names, cannot vote. There numbers are substantial and can turn an election.
You can scam, you can try to Sham, you can have lunch every day, using the People’s money, but we will expose you, until we get true Democracy in Seychelles!
SESEL POU SESELWA!
May God Bless All Freedom Loving Seychellois!
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