As a guarantee, the Charter may be modified only with the consensus of the
majority of the people of Seychelles. It is established, by Article 91.1 a), b) of
the Constitution, that the National Assembly, invested with the legislative
power, shall not precede on a Bill to alter Chapter III, unless the proposed
alteration has been approved on a referendum by not less than sixty percent
of the votes, and, the Speaker signifies that such approval has been so given.
The ultimate objective of the Seychelles Constitution in implementing an
adequate legal system of rules to safeguard the human rights regulated by
Chapter III, is also mirrored in the office of the Ombudsman established by
the Supreme Law in its chapter X.
Subject to Schedule 5 of the Constitution, the ombudsman has, among
others, the following functions:
a) to investigate an action taken by a public authority or the President,
Minister, officer or member of the public authority, being action taken in the
exercise of the administrative functions, where he receives a complaint from
a person or body alleging that he/it has suffered a violation of the
complainant's fundamental rights or freedoms under the Charter and, where
the President or a Minister or member of the National Assembly requests
the Ombudsman to investigate the action on the ground that the person or
body has or may have suffered a violation of his/its fundamental rights
under the Charter or, has been treated harshly or oppressively by the
authority. [1.1a), 2 a)-b) i-ii];
b) investigate an allegation of fraud or corruption in connection with the
exercise by a person of a function of a public authority. [1.1b)].
c) to assist an individual complainant in respect of legal proceedings in
relation to a contravention of the provisions of the Charter [1.1c)];
d) with leave of the Court hearing proceedings relating a contravention of
the provisions of the Charter, become a party to the proceedings [1.1d)];
e) to initiate the proceedings relating to the constitutionality of a law or of
the provisions of a law (1.1e).