Seychelles: Registration of political parties

Updated May 2006

Political parties are required to register with the Electoral Commissioner, who acts as Registrar of Political Parties, if they wish to contest elections (Political Parties (Registration and Regulation) Act 1991, 3(1), 16, hereafter referred to as "the Act"). It is an offence, in terms of the Act, for parties or groups of individuals to represent themselves as, or act as, a registered political party if they are not registered; those that do so are liable to a fine of up to R30 000 and two years imprisonment (16)

In terms of the Act a party is "a combination of persons who have constituted themselves for a political purpose", but for a party to be registered it must be able to show that it has least 100 registered members (2, 5(1)). Parties are required to keep a register of members that include their ID numbers and addresses (2, 5(2)(c)). Party members must be over 17 and be a Seychelles citizen and resident (5(4)). Applications for registration must also include copies of the constitution and rules of the party, details of its main office and other details required by the Commissioner (5(2)). To deliberately furnish the Commissioner with false or misleading information is an offense, carrying a fine of R10 000 and two years imprisonment (17).

A parties entered on the register is issued with a certificate that must be displayed at its office and stamped copies of the party's constitution and rules (6). The Commissioner is required to publish a notice of registration in the Gazette.

Refusal of registration

A party may be refused registration if the application made does not satisfy the terms of the Act, has an aim which is unlawful or has a name similar enough to a previous or existing party to deceive voters or a name that is offensive or illegal (7(1)). Unlawful aims include furthering discrimination on race, religion or colour, advocating violent or illegal political changes or the secession of any part of the Republic (7(2)).

If registration is refused, the Commissioner must furnish written reasons for the refusal and the party concerned my appeal to the Supreme Court, within 21 days, against the refusal (7(4), 8(1)).

Cancellation of registration

The Commissioner may cancel registration of a party at the request of the party office bearers, or else where the registration made is fraudulent or mistaken, where the party has unlawful aims, where its membership has fallen below 100 or where the party ceases to exist (9(1)). A party that fails to comply with the Act cannot summarily have its registration cancelled; the Commissioner must first serve written notice of non-compliance and only if the party fails to put its house in order can its registration be cancelled (9(e)).

If registration is cancelled the Commissioner is required to give written notice specifying the reasons for cancellation and publish the cancellation in the Gazette (9(2),(3)). As with refusal of registration, the party concerned may appeal to the Supreme Court within 21 days (10(1)). Where a party is deregistered at its own request, registered members may appeal against deregistration within 14 days (10(2)).

Information disclosure and confidentiality

The Act requires that all changes to the address, office bearers or constitution and rules be brought to the attention of the Commissioner within seven days (11,12(1)); failure to do so carries an initial fine of R10 000 and R100 each day after conviction that compliance is not forthcoming. Amendments of constitution or rules have no effect until they have been registered by the Commissioner and the Commissioner may reject amendments that are unlawful or that contravene the Act, but must supply the reasons for doing so in writing (12(3)). Refusals of amendments may be appealled against, to the Supreme Court, within 14 days (12(4)).

The Commissioner is also empowered to require of a party any documents issued in its name and may request in writing to be supplied with copies of records kept by the party (13). The supply of copies of records that are not exact carries the penalty of a fine of R5 and six months imprisonment. The Office of the Commissioner may not disclose any information acquired from a party other than its name, address and the details of its office bearers; the penalty for violating this confidentiality is a fine or imprisonment up to two years (14).

Reference

POLITICAL PARTIES (REGISTRATION AND REGULATION) ACT 1991, amended in 1996.