Litigation in Seychelles
Seychelles may be the smallest and least populated country in Africa, but it has an interesting place in the legal world. It is home to many offshore companies, and has a good economy and well-regarded functioning democracy. Since it is very far from New York, I have not had the chance to visit. But I was grateful that René Durup, a lawyer at Seychambers firm in Victoria, took the time to tell me about litigation in Seychelles.
Why should you continue reading this post about litigation in Seychelles?
You’d like to visit for the beautiful weather and eclectic cultures, but would rather learn about courts by reading than by seeing them firsthand.
You want to learn about dispute resolution in a small country where neighbors need to resolve arguments and peacefully coexist, similar to the issues in Palau.
You have unlimited data on your phone and want to get your money’s worth.
René Durup
René Durup owns Seychambers law firm, which specializes in assisting foreign investors in setting up their business, in Victoria, Seychelles. The interview below was lightly edited.
Can you tell me about the kinds of disputes you handle in your legal practice?
My firm, Seychambers, generally attends to all legal matters except tax law. As do all practitioners in our country, I also take legal aid cases. Those tend to be criminal law cases.
What type of clients do you generally represent in disputes?
Our specialties are twofold: banking, as we are on retainer with three commercial banks; and legal services to victims of cryptocurrency fraud.
Besides Microsoft Office, what software do you use in your practice?
We use 8amMyCase for time and matter management.
What books and websites do you use for legal research?
We normally use the Seychelles law review and The Seychelles Digest. We also do research on SeyLII, Seychelles Legal Information Institute, which publishes judgments from our Supreme Court and Court of Appeals. Cases in other jurisdictions are persuasive and not binding. For general searches, we may use Google or DeepSeek AI.
Do you electronically file pleadings with the court? Or must you send paper copies to the courthouse?
Paper. We need to send original documents to court, but sometime judges ask us to also send the Word version of our submission by email. Complaints or initial pleadings are generally two to four pages long.
How long does it take for a case to go from complaint to judgment?
It can take between six months and two years.
photo credit: Seychelles Nation, via Wikimedia Commons
Does Seychelles have specialized courts that only hear commercial cases?
Yes, there’s a commercial division of our Supreme Court.
Who decides the facts in a commercial case—a judge or a jury?
Judges decide commercial cases.
How is evidence exchanged between the parties before trial? Do you get to interview opposing witnesses before the trial?
The claimant or plaintiff needs to list the documents to be relied upon in court. This is usually done in the complaint. The defendant must do the same—usually in the statement of defence.
There is no obligation to provide the other side copies of the documents, but we do have to allow the other side to inspect documents in person, usually at the office of the attorney who lists such evidence.
The plaintiff may petition the court for the defendant to personally give unsworn testimony, including the production of documents.
Do lawyers in Seychelles cite the laws of other countries in disputes, such as English law?
Yes – especially English laws, as British Common Law is one of the bases of our laws.
[According to the Judiciary, “The islands are one of the rare countries in the world with a legal heritage of French Civil Code and British Common Law.” Seychelles shares this co-lineage with only 3% of the world population.]
Do legal proceedings take place in English, French, or Creole?
As all three are our national languages, legal proceedings could include any one of them. However, English is the language used in court. So if a witness speaks Creole or French, they will be provided an English-language interpreter for the court record.
Does the losing party in a litigation pay the legal fees of the winning party?
No. Legal fees are considered personal costs and are not recoverable.
Are Seychelles courts open to the public?
Yes, for virtually any case. There are a few exceptions, for example when dealing with sensitive matters concerning the welfare of children.
Do Seychelles courts have a particular strength for resolving commercial disputes? How about weaknesses?
Generally, our commercial courts resolve disputes more quickly than the other courts. The new commercial court has not been operating for long—around a year or so—and I cannot comment on any significant weakness.
How often do you go to the courthouse? When you are there, do you need to wear a special robe or wig?
Every day at least one attorney from our firm attends the courthouse.
Before the Supreme Court and Court of Appeals, we wear a special robe, but wearing the wig is optional. For the Magistrate’s court, we wear jackets and bibs, and for other adjudicating authorities, professional wear with jackets is required.