2010 ED] CONSTITUTION OF THE REPUBLIC OF SEYCHELLES [CAP 167
which contravenes this Constitution to be void;
(c)grant any remedy available to the Supreme Court
against any person or authority which is the
subject of the application or which is a party to
any proceedings before the Constitutional Court,
as the Court considers appropriate.
(5) Where the Constitutional Court makes a declaration
under clause 4 (b) the Court shall, subject to any decision in
appeal therefrom, send a copy of the declaration to the
President and the Speaker,
(6) Where in the course of any proceedings in any court,
other than the Court of Appeal or the supreme court sittings
as the Constitutional Court, or tribunal, a question arises
with regard to whether there has been or is likely to be a
contravention of this Constitution, other than Chapter III,
the court or tribunal shall, if it is satisfied that the question
is not frivolous or vexatious or has not already been the
subject of a decision of the Constitutional Court or the
Court of Appeal, immediately adjourn the proceedings and
refer the question for determination by the Constitutional
Court.
(7) Where in an application under clause (1) or where a
matter is referred to the Constitutional Court under clause
(6),the person alleging the contravention or risk of
contravention establishes a prima facie case, the burden of
proving that there has not been a contravention or risk of
contravention shall, where the allegation is against the
State, be on the State.
(8) The Court in which the question referred to in clause (6)
arose shall dispose of the case in accordance with the
decision of the Constitutional Court, or if that decision is
the subject of an appeal, in accordance with the decision of
the Court of Appeal.
(9) Nothing in this article confers jurisdiction on the
Constitutional Court to hear or determine a matter referred
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