Seychelles Court Declares 10th Constitutional Amendment Unconstitutional

On July 28, 2026, the Constitutional Court of Seychelles ruled that the 10th Constitutional Amendment, which granted the Seychelles Defence Forces (SDF) powers to carry out internal law enforcement outside a state of public emergency, is unconstitutional.

The case originated from a petition filed in September 2022 by the Seychelles Human Rights Commission, the Ombudsman, and the Bar Association of Seychelles. The petitioners argued that the amendment undermined the democratic protections afforded by the Constitution and was controversial due to historical human rights violations.

The amendment to Article 3 of the Constitution was approved by the National Assembly on June 2, 2022, and assented to by former President Wavel Ramkalawan on June 14, 2022. It effectively gave a fifth function to the military, enabling it to work alongside the Seychelles Police outside states of public emergency.

In its judgment, the Constitutional Court found that the required constitutional procedures were not properly followed in the enactment of the amendment. Consequently, the Court declared the amendment unconstitutional and invalid.

Following the ruling, Counsel Divino Sabino stated, "The Constitutional Court has given its position on our case and has agreed with us that the 10th Constitutional Amendment is unconstitutional. In addition to that, the Court has said that the procedure required to enact this law was not followed."

This landmark decision reinforces the importance of adhering to constitutional procedures in legislative processes and upholding the democratic principles enshrined in the Seychelles Constitution.