Opposition leader Wavel Ramkalawan will have to appear before the Magistrates Court on an assault charge dating back to an incident six years ago in the National Assembly, the Court of Appeal ruled recently.

The charge relates to a November 1997 incident between Mr Ramkalawan and Member of the National Assembly (MNA) Barry Faure, in which Mr Ramkalawan is alleged to have caused bodily harm to Mr Faure as a result of a scuffle.

According to the Court of Appeal judgement, in 1998 Mr Ramkalawan attempted to get the charge dismissed based on a certificate from the National Assembly that grants MNAs immunity from prosecution.

The certificate, however, was deemed invalid since it was written by George Bibi at a time when he was no longer chairman of the National Assembly committee that investigated the incident.

When the current Speaker of the National Assembly refused to issue a new certificate, Mr Ramkalawan appealed on the basis that the Speaker’s refusal denied him a fair trial and violated the Seychellois Charter of Fundamental Human Rights and Freedoms per article 19 of the Constitution.

But according to the December 5 judgement by the Court of Appeal, the decision to grant such a certificate is an internal matter within the National Assembly and is not under the court’s jurisdiction, leaving Mr Ramkalawan open to face the assault charge.

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