All provisions · AML/CFT Act (Cap. 251) · Part Iv: Financial intelligence unit
25 Removal of Director or Deputy Director from office
(1) The President may, in consultation with the Minister and the Committee, remove the Director or Deputy Director from office—
(a) on the grounds of gross misconduct, mental incapacity or failure to fulfil the terms and conditions of service set forth in the terms of appointment;
(b) if he or she is declared bankrupt or enters into a scheme of arrangement with his or her creditors; or
(c) if he or she has been convicted of a felony whether in Seychelles or elsewhere.
(2) The President shall suspend the Director or Deputy Director from the office during the determination of any inquiry about the misconduct, incapacity, or incompetence before the removal of Director or Deputy Director under subsection (1)(a).
(3) The President may appoint an interim Director during the interregnum period of suspension of both Director and Deputy Director until the appointment of regular Director or Deputy Director.
(4) The President, in consultation with the Minister and the Committee, shall within a period of one month from the date of suspension of the Director or Deputy Director, appoint a panel made up of at least three persons, one of whom shall be a judge or a retired judge or a person qualified to be appointed as a judge, to inquire into the misconduct, incapacity, or incompetence alleged against the Director or the Deputy Director, as the case may be.
(5) Where the President acts in terms of provisions contained in subsection
(1)(b) or (c), a certified copy of the declaration of bankruptcy or scheme of arrangement with creditors or conviction, shall be regarded as prima facie proof of the contravention of this section.
(a) on the grounds of gross misconduct, mental incapacity or failure to fulfil the terms and conditions of service set forth in the terms of appointment;
(b) if he or she is declared bankrupt or enters into a scheme of arrangement with his or her creditors; or
(c) if he or she has been convicted of a felony whether in Seychelles or elsewhere.
(2) The President shall suspend the Director or Deputy Director from the office during the determination of any inquiry about the misconduct, incapacity, or incompetence before the removal of Director or Deputy Director under subsection (1)(a).
(3) The President may appoint an interim Director during the interregnum period of suspension of both Director and Deputy Director until the appointment of regular Director or Deputy Director.
(4) The President, in consultation with the Minister and the Committee, shall within a period of one month from the date of suspension of the Director or Deputy Director, appoint a panel made up of at least three persons, one of whom shall be a judge or a retired judge or a person qualified to be appointed as a judge, to inquire into the misconduct, incapacity, or incompetence alleged against the Director or the Deputy Director, as the case may be.
(5) Where the President acts in terms of provisions contained in subsection
(1)(b) or (c), a certified copy of the declaration of bankruptcy or scheme of arrangement with creditors or conviction, shall be regarded as prima facie proof of the contravention of this section.
Official source: Anti-Money Laundering and Countering the Financing of Terrorism Act (Cap. 251), Act 5 of 2020, Revised Edition as at 17 January 2025 (Acts 5 of 2020, 7 of 2021, 8 of 2021, 62 of 2021, 9 of 2022, 12 of 2024, S.I. 145 of 2020)