Seychellois courts and the protection of the right to equal protection of the law

Abstract

Unlike the constitutions of other African countries such as Uganda, South Africa, Kenya, Mauritius, Zimbabwe and Namibia which expressly provide for grounds on which a person may not be discriminated against, the Constitution of Seychelles, although prohibits discrimination, does not provide for grounds on which a person may not be discriminate against. Article 27 of the Constitution of Seychelles provides for the right to equal protection of the law. In this article, the author analyses the jurisprudence of the Supreme Court and the Court of Appeal of Seychelles to illustrate how these courts have dealt with the following issues: defining ‘equal protection of the law’ and ‘discrimination’ and giving the grounds on which a person may not be discriminated against, alleging discrimination, locus standi to challenge discriminatory laws or programmes and permissible discrimination. The author recommends, inter alia, that the Constitution may have to be amended to enumerate the grounds on which a person may not be discriminated against.