The Constitutional Court has dismissed a petition filed by a man from La Digue who sought a declaration saying that his detention and search at the airport was unconstitutional.

The traveller also wanted the court to declare that his detention and search, and the seizure of foreign exchange found on him as he planned to travel on March 4, 2002 violated his constitutional right to liberty and security, the right to privacy and the right to freedom of movement.

The man had filed the case against the Government and the Commissioner of Police, saying a total of US$3,500 and 70 South African Rands had been seized from him at Seychelles International Airport.

Presiding Judge Ranjan Perera reached the verdict with Justices N. Juddoo and D. Karunakaran agreeing.

During the hearing it was disclosed that the petitioners had produced two original receipts which were not in his name, three copies of receipts, and not originals, and one other receipt for £200 which was not found in his possession.

Justice Perera, in his Judgement stated that in terms of Section 3 (A) of the Exchange Control Act, “except with the permission of the Minister, no person, other than a bona fide tourist, shall have any foreign currency in his possession unless such foreign currency has been obtained from any of the commercial banks that have the sole right to buy and sell foreign currency.  Hence the Petitioner ought to have been aware of the pattern of searching at the airport and come armed with valid receipts in proof of obtaining the foreign currency in his possession, as any prudent and law abiding person would have done.”

The Judge said that carrying out searches for forex were constitutionally justified since it was done, among other things, in the interest of the economic development and well being of the country.

"It is not in dispute that Section 3 (A) of the Exchange Control Act was enacted to conserve foreign currency resources of the country, and to prevent 'black marketing' of such currency," he said.

In addition to the declaration, the Seychellois had sought R100,000 in damages for alleged distress, humiliation and anguish he said the exercise had caused him. He was represented by Mr Anthony Derjacques while Senior State Counsel Ronny Govinden and State Counsel Basil Hoareau represented the Republic.

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