Former Internal Affairs Minister Charles Errol Fonseka has filed a petition before the Constitutional Court. He is challenging the legality of five commissions of inquiry established in Seychelles.
The petition seeks to halt the inquiries and argues that they operate in a manner that violates the Constitution.
The five inquiries under challenge are the Board of Inquiry into the Importation of Firearms, the Commission of Inquiry into the Lease and Proposed Development of Assomption Island, and the Commission of Inquiry into the December 2024 Montagne Posée Prison Riot. Moreover, they include the Commission of Inquiry into the CCCL Quarry Explosion and the Commission of Inquiry into the Travizory Border Management Agreement.
Mr Fonseka filed the petition against the President of the Republic, Dr Patrick Herminie. He also filed it against the Office of the Attorney General and Attorney General Vinsent Perera.
Speaking in an interview, Mr Fonseka said he lodged the petition and supporting affidavits on the morning of 9 June.
“This morning we filed a motion and the affidavits to put a stay on the boards of inquiry and to agree that they should cease because they are unconstitutional,” he said.
He added that the petition aims to restore constitutional principles and uphold the rule of law.
Mr Fonseka said his concerns arose after he appeared before one of the inquiries as a witness.
“I realised there was something wrong. This is where I approached my lawyer to seek legal advice. We saw that the commission I was being summoned before was acting against the Constitution. For this reason, I said something needed to be done,” he said.
Mr Fonseka said he took an oath to defend and uphold the Constitution while serving in government.
He also argued that some commissions affect the functions of established institutions.
“Some of these commissions are also undermining important institutions such as the Human Rights Commission, the ACCS and the Office of the Attorney General, among others,” he said. “What I am doing is my duty as a citizen of Seychelles.”
Lawyer Anthony Derjacques represents the petitioner.
Mr Derjacques said the petition rests on several legal arguments.
“The first argument is that the Commission of Inquiry Act 1962 is in contravention of the Seychelles Constitution,” he said.
He described the legislation as a colonial-era law that, in his view, does not meet constitutional standards.
Mr Derjacques also argued that the Constitution establishes a system of checks and balances. This includes the executive, legislative and judicial branches of government.
He said the constitutional framework also includes institutions such as the police and the Attorney General’s Office. It also includes the Auditor General, the Ombudsman and the Human Rights Commission.
According to Mr Derjacques, some commissions of inquiry have assumed functions already assigned to those institutions.
“When these commissions of inquiry have been established, they have stepped in and replaced these roles,” he said.
He added that, in some instances, allegations under examination by commissions had already been brought before the courts by institutions such as the Human Rights Commission and the Ombudsman.