JOURNAL ARTICLE

Interpreting Statutes in a Manner Consistent with Seychelles' International Obligations: Analysing the Court of Appeal's Decision in The Anti-Corruption Commission of Seychelles v Laura Valabhji (2023).

  • Published In: Statute Law Review, 2024, v. 45, n. 1. P. 1 1 of 3

  • Database: Legal Source 2 of 3

  • Authored By: Mujuzi, Jamil Ddamulira 3 of 3

Abstract

The article analyzes the Court of Appeal of Seychelles' 2023 decision in *The Anti-Corruption Commission of Seychelles v Laura Valabhji*, which marked the first time the court held that statutes must be interpreted consistently with Seychelles' international obligations, specifically referencing the United Nations Convention against Corruption (UNCAC). The court adopted a purposive rather than literal interpretation of section 60(1) of the Anti-Corruption Act (ACA), allowing the Anti-Corruption Commission to issue restriction notices on property effectively controlled by a person under investigation, even if owned by third parties. The article critiques the court's failure to define "control," its reliance on Indian and Sri Lankan case law as part of Seychelles' common law, and its omission to clarify the scope of "international obligations," arguing that the Interpretation and General Provisions Act provides a clearer legal basis for incorporating international law into statutory interpretation. The author suggests that these issues may create legal uncertainties and recommends that future courts either depart from this decision or that the legislature amend the ACA to explicitly address property control in investigations.

Additional Information

  • Source:Statute Law Review. 2024/04, Vol. 45, Issue 1, p1
  • Document Type:Article
  • Subject Area:Law
  • Publication Date:2024
  • ISSN:01443593
  • DOI:10.1093/slr/hmae021
  • Accession Number:176933352
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