A language contradiction has emerged in the Assomption inquiry. The Commission of Inquiry into the lease and development of Assomption Island said it must conduct its proceedings in English.
In a statement circulated to media on Monday, the Commission said the rule follows constitutional regulations governing court proceedings.
“The Commission’s proceedings are conducted in English. This is not a matter of preference or discretion,” the statement said.
According to the Commission, Regulation 2 of the Constitution (Use of Official Languages) Regulations designates English as the official language for court proceedings.
The statement added that the inquiry operates as a quasi-judicial forum and therefore follows that framework.
“The Commission is a quasi-judicial forum and operates within that framework,” the statement said.
In the same statement, the Commission also said the Commissioner exercised authority under Section 10 of the Commission of Inquiry Act 1962 to regulate the conduct of proceedings.
The Commission said it did not arrange interpretation services because witnesses scheduled to appear are competent in English.
“All witnesses before this Commission are competent in English. Interpretation services were therefore neither procured nor budgeted for,” the statement said.
The Commission added that it gave witnesses fair options when they appeared before the inquiry.
“Where a witness has chosen not to testify at their scheduled appearance, that decision rests with them,” the statement said.
However, the procedures governing the Commission include provisions on language use.
Clause 44.1 of the procedures states that the Commission may conduct its proceedings in English, French, or Creole, the official languages of Seychelles.
Clause 44.2 also states that the Commission “shall provide interpretation services where necessary” to ensure witnesses can give evidence in the language of their choice.
The same clause states that the Commission may use interpretation services to ensure interested parties understand the proceedings and that the Commission understands the evidence.
In its statement, the Commission said it will continue its work and gather evidence using lawful means.
“The Commission will not permit its proceedings to be delayed or disrupted,” the statement said.
It added that the rule of law applies equally to all individuals.
“The rule of law applies to all persons equally, irrespective of their former office or public standing.”