CHENARD AND CO Vs. JOACHIM ARISSOL

JUDGEMENT

(1.) The defendant and respondent, in this case is a member of the Legislative Council of Seychelles. The plaintiffs and appellants are merchants in Seychelles and the present action was brought by them in consequence of statements admittedly made by the respondent in the course of a speech in the Legislative Council on 28 December 1946. These statements are alleged to be defamatory of the appellants and it is further alleged that the respondent abused his position as a member of the Legislative Council for the purpose of making false, malicious and defamatory statements against the appellants. The respondent while denying these allegations pleaded in limine litis that no action lay in law against him as a member of the Legislative Council on the averments of the statement of claim. This plea was sustained by the Supreme Court of Seychelles on 20 March 1947.

(2.) The only question raised in this appeal is whether absolute privilege attaches to statements made in the Legislative Council of Seychelles by a member of the Council. The Seychelles Indian Penal Code (Ordinance No. 10 of 1904) was enacted by the Governor by and with the consent of the Legislative Council and received Royal Assent on 1 December 1904, Section 192 (1) (a) of this Code provides that no prosecution or action for defamation shall be competent against the President or a member of the Legislative Council for anything said or written by him in such capacity from his place in such Council. It was admitted by counsel for the appellants that if this provision is intra, vires the present appeal must fail.

(3.) The power of the Governor and Legislative Council of Seychelles to make laws flows from Letters Patent of 31 August 1903, by virtue of which the Seychelles Islands were erected into a separate colony. Clause 8, Letters Patent, provides: "Tha Governor by and with the advice and consent of the said Legislative Council may make ordinances for the peace, order and good government of the colony, subject nevertheless to such rules as we have already made or may hereafter make for their guidance by any Instruction under our Sign Manual and Signet." Their Lordships hare not been referred to any instructions relevant to the question at issue in this case.