2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167
(8) Where in an application under clause (1) or where a matter
is referred to the Constitutional Court under clause (7), the
person alleging the contravention or risk of contravention
establishes a prima facie case, the burden of proving that there
has not been a contravention or risk of contravention shall, where
the allegation is against the State, be on the State.
(9) The Court in which the question referred to in clause (7)
arose shall dispose of the case in accordance with the decision of
the Constitutional Court, or if that decision is the subject of an
appeal to the Court of Appeal, in accordance with the decision of
the Court of Appeal.
(10) The Chief Justice may make rules for the purpose of this
article with respect to the practice and procedure of the
Constitutional Court in relation to the jurisdiction and power
conferred upon it by or under this article, including rules with
respect to the time within which an application or a reference
may be made or brought.
PART V
PRINCIPLES OF INTERPRETATION
47. Where a right or freedom contained in this Charter is subject
to any limitation, restriction or qualification, that limitation,
restriction or qualification−
Scope of
exceptions
(a) shall have no wider effect than is strictly necessary in the
circumstances; and
(b) shall not be applied for any purpose other than that for
which it has been prescribed.
48. This Chapter shall be interpreted in such a way so as not to be
inconsistent with any international obligations of Seychelles
relating to human rights and freedoms and a court shall, when
interpreting the provision of this Chapter, take judicial notice of−
(a)the international instruments containing these obligations;
44
Consistency
with
international
obligations of
Seychelles