2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167
(3) A law which authorises the taking of any measure
against a member of a disciplinary force of a country with
which Seychelles is at war shall not be held to be inconsistent
with the Charter.
(4) A law referred to in clause (3) shall not provide for the
doing of anything which constitutes the crime of genocide or a
crime against humanity.
PART-IV
REMEDIES
45. This Chapter shall not be interpreted so as to confer on any
person or group the right to engage in any activity aimed at the
suppression of a right or freedom contained in the Charter.
46.(1) A person who claims that a provision of this Charter has
been or is likely to be contravened in relation to the person by
any law, act or omission may, subject to this article, apply to the
Constitutional Court for redress.
(2) An application under clause (1) may, where the
Constitutional Court is satisfied that the person whose right or
freedom has been or is likely to be contravened is unable to do
so, be made by another person acting on behalf of that person,
with or without that person’s authority.
(3) The Constitutional Court may decline to entertain an
application under clause (1) where the Court is satisfied that the
applicant has obtained redress for the contravention under any
law and where the applicant has obtained redress in the
Constitutional Court for any matter for which an application
may be made under clause (1), a court shall not entertain any
application for redress for such matter except on appeal from a
decision of such court.
(4) Where the Constitutional Court on an application under
clause (1) is satisfied that adequate means of redress for the
contravention alleged are or have been available to the person
concerned in any other court under any other law, the Court
may hear the application or transfer the application to the
appropriate court for grant of redress in accordance with law.
42
Abuse of
right or
freedom
Remedies for
infringement
of the charter