ELECTION UPDATE 2005 Number 2 & 3 16 September 2005

Contents No. 2 Constituency Delimitation 1 Voter Registration 1 Registration 2 Candidate Nomination 2 Campaign Process 4 Civic/Voter Education 5 Role of Security Forces 5 Printing of Ballot Papers 5 Persons Voting by Proxy 5 No. 3 Polling Stations 6 Secrecy of the Ballot 6 Security of the Ballot Papers 6 Counting 6 Announcements of the Results 6 Nomination of the Best Losers 7 Post Election Review 7 New Parliament 7 Malaise between President and Prime Minister 8

Compiled by Amedee Darga EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima Published with the assistance of the New Zealand Embassy

Constituency Delimitation and the time frame for any notice through the written representation to be made.1 media, radio and television for The Electoral Boundaries voters to come to designated Commission is responsible for It is stipulated by law that every offices in each constituency to constituency delimitation. As ten years, consultations take verify the voter’s register and to per the Constitution, the place for any modification to ensure that they have been duly process must be and is done the electoral boundaries. This registered. Corrections, if transparently with full last occurred in 1999. required, are then effected and opportunity given to all the lists become official by 15 stakeholders including civil Voter Registration August. society to make representation. Voter registration is an annual When it is finally published, the The Constitution provides exercise. The Commission Register of Electors comes into clearly that the Commission organises a house-to-house force on 16 August of each year may “take into account registration update at the and remains in force until the representations made to it in beginning of each year. During next Register is compiled and respect of any proposed April each year, the comes into force. alteration of a boundary” and it Commission issues a public has to give public notice of any For the current elections, the proposed alteration to be made 1 The Electoral Boundaries official voter’s register of and fix the manner in which Commission Regulations 1976 August 2004 will therefore be election update 2004 mauritius number 2 & 3 used. Those who reached their • F.S.M- Front Solidarité • Mouvement Traivalleurs eighteenth birthday after that Mauricienne Mauriciens date and were registered • Freelance Front Populaire • Mouvement Travailliste between August 2004 and April Musulman (FPM) Socialiste (MTS) 2005 will not be on the voter’s • Groupe de Cinq • Mouvement Populaire list; 5,000 such voters are in • Hindu Shive Sena Lendroit that situation. • Hizbullah National Party • Muslim League • Independent Forward Bloc • Muvmen Premye Me (IFB) • National Socialist Party On this issue, the Sachs Report • L'Alliance Pour La Justice • Organisation du Peuple de recommended the continuous • Rodrigues registration of voters until the • Les Vertes Fraternels • Parti Action Libéral day of the writ for elections. • Majority Party ( Partie de la • Parti Anti Esclavages Majorité) • Parti Congress National The total number of registered • Mauritius • Parti du Peuple Mauricien voters is 817, 305 for the 21 • Parti Travaillist (PTr) (PPM) constituencies voting in the 299 • Mauritius Party Rights • Parti Libération Mauricien polling stations. See Table One • MDN Raj Dayal (Mouvement (PL.M) at the end for the lists of Démocratique National Raj • Parti Mauricien Sociale constituencies, number of Dayal) Démocrate (PMSD) polling stations and voters per • Millenium Party • Parti Mauricien Xavier Duval, constituency. • Mouvement Authentique PMXD Mauricien (MAM) • Parti Socialiste Political Party Registration • Mouvement Civique D'Action • Parti Socialiste Mauricien de No 14 • Parti Zenfants Malaise Under the 1968 National • Mouvement Démocratique • Party Malin Assembly Elections Mauricien (MDM) • Patriotic Reformist Regulations (Regulation 7), the • Mouvement Justice National Organisation • Mouvement Libération • Rajput Socialist Party Electoral Commissioner Militant (MLM) • Ralliement des Rodriguais published a notice on 10 May • Mouvement Mauricien Pour Responsables (RRR) 2005 calling for the Application La Paix (MMP) • Rassemblement des for Registration of Political • Mouvement Militant Travailleurs Sociaux Parties/Party Alliances. The Mauricien (MMM) • Rassemblement Socialiste notice invited each political • Mouvement Militant Mauricien (RSM) party wishing to be registered Socialiste Mauricienne • Rezistants ek Alternativ under paragraph 2(1) of (MMSM) • Tamil Council Schedule 1 to the Constitution • Mouvement National • Top Dhamaka Vrai Rouge to apply to the Electoral Mauricien (MNM) • Union Mauricienne Commissioner on or before 20 • Mouvement Patriotique • Union Patriots Illois May 2005. At the close of the • Mouvement Popiler Mauricien period, 70 parties were • Mouvement Progressive • Voice of Hindu registered. There were no Militant rejections and they are listed as • Mouvement Républicain All parties were allocated follows: • Mouvement Rodriguais symbols at the time of their • Mouvement Socialiste registration. These were • Alliance MSM/ MMM Démocrate • featured on the official ballot • Mouvement Socialiste paper against the names of their • Comité D'Action Musulman Indépendent candidates. Mauricien • Mouvement Socialist Militant • Conservative Party (MSM) • Démocratie Mauricienne • Mouvement Solidarité Candidate Nomination • Démocratie Union Socialist National (MSN) Mauricien (DUSM) • Mouvement Solidarité At Party Level • Ekta Party Travailleur Mauricien There is a semblance of • Front Progressive du Peuple Rodrigues Agalega democracy in the main parties Rodriguais (FPPR) (MSTMRA) but no real internal democracy, certainly not in terms of process

2 election update 2004 mauritius number 2 & 3 for selection and choice of Returning Officers will on 30 candidates were nominated candidates. There are no May 2005 between the hours of at the close of the primaries, even at party level. 9 a.m and 3 p.m at the Nomination Day. The law The party leaders determine the Nomination Centre for each provides for a period of choice, either alone or in constituency (list of such seven days to be given for conjunction with a small team centres given in the notice) candidates to withdraw their of close collaborators, selected proceed to the nomination and by the leaders themselves. if there is no opposition, to the nomination, if they so wish. election of three members for The selection of candidates by each of the twenty On 6 June, the Electoral the two alliances follows a very constituencies of Mauritius and Commissioner's Office complex process. This involves of two members for the announced that 42 candidates negotiation as to the constituency of Rodrigues. had voluntarily withdrawn their distribution of number of Every nomination paper must nomination papers for candidates for each partner, the be signed by any eight or more forthcoming National ethnic and sub ethnic allotment registered electors of the Assembly elections. and positioning by constituency in which the constituency, gender factor and candidate seeks election. The total number of candidates the specific choice of The nomination paper must therefore contesting the general candidates for individual specify the name, address and elections stood at 634 as at 6 constituencies by the opponent, occupation of the candidate as June. This changed to 645 amongst others. well as a declaration by the following the successful candidate challenge of the Electoral The MSM-MMM-PMSD • That he is qualified Commission’s decision, as referred to later. alliance made its list of • The party, if he so wishes, candidates public three weeks duly registered, to which he before the official nomination belongs The highest number of candidates was 44 in day while the Alliance Sociale • The community to which he Constituency No 9, whilst the presented its list ten days after belongs within the meaning lowest number was 6 in the former. of paragraph 3 (4) of Constituency No 21. Schedule 1 to the In the case of all the other Constitution parties, the selection was made The parties/alliances that • That he has not been and by the party leader. will not consent to be fielded the highest number of candidates were as follows: At Formal Level nominated as a candidate for election as a member of • Alliance MSM-MMM- As per the writ for election PMSD – 60 candidates, issued by the President of the the National Assembly in present in all constituencies. Republic on 9 May 2005 and any other constituency. • Alliance Sociale – 60 after the dissolution of the candidates, present in all National Assembly, 30 May Application for a constituencies 2005 was the day officially Nomination Form for each • Front Solidarite designated for the nomination candidate is posted on a Mauricienne – 55 candidates in all except one constituency of candidates for the elections. notice board outside the • Parti du Peuple Mauricien – room in the Nomination 51 candidates in all except On 9 May, the Electoral Centre where the two constituencies Commissioner issued a public applications are received. • Lalit – 32 candidates in all notice in the media concerning The nomination paper is constituencies. However this the election of 62 members of therefore immediately party has placed a minimum the National Assembly under available to any member of of one candidate per the National Assembly constituency and two in Elections Regulations 1968, the public for both public certain others. (Regulation 6), informing as scrutiny and challenge, • Front Populaire Musulman follows: should there be any. Six – 28 candidates in 10 hundred and seventy six constituencies

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• MDN Raj Dayal – 26 Assembly Regulations provides designed to protect candidates in 14 that “the decision of the fundamental rights. constituencies Returning Officer that the nomination paper of a I accordingly hold that the Thirty other parties fielded candidate presenting himself provision in paragraph (5) of between 1 and 11 candidates. for election is invalid may be Regulation 12 of the National Forty one parties who questioned by that candidate Assembly Elections Regulations underwent the registration within five days of that decision 1968 is, to the extent that it exercise, did not field any by way of a motion to the purports to provide that the candidates. Two hundred and Supreme Court for an order nomination of a candidate in thirty one independent directing the Returning Officer view of a general election shall candidates were nominated to insert his name on the list of be deemed to be void and of no over all constituencies. This candidates.” effect if he has not made a constitutes 36% of the total declaration in compliance with number of candidates Resistance and Alternative para (4c) of that regulation, is contesting the elections. challenged the Electoral repugnant to section 1 of the Constituency No. 2 had the Commission in the Supreme Constitution, and has been lowest number of independents Court. invalidly enacted. with 2 candidates. Constituency No. 9 had the highest number The case was promptly heard The Judge ordered the of independents with 26 and the decision of the Returning Officers of the candidates. The 10 urban Electoral Commission was Electoral Commission to insert constituencies had a total of 69 reversed. In the judgement, the the names of the 11 candidates independent candidates. The 10 Honourable Judge of the on the list of candidates for the rural constituencies had a total Supreme Court concluded as elections. of 162 candidates. follows: This judgement has once again In terms of women’s It is within the spirit of the raised debate on the representation, the MSM- Constitution, as rightly pointed appropriateness of the Best MMM fielded 10 women out of out by Sir Hamid Moollan Loser system with some a total of 60 candidates and the Q.C., that laws be made to reinforcing the call to get rid of Alliance Sociale, only 6. Lalit ensure the proper functioning it through changing the had the highest level of of the best loser system, which electoral system in line with the representation 50% of its 26 despite many adverse Sachs Report proposals, and the candidates were women. A total criticisms, nonetheless forms suggestions of others who of 59 women, or 6% of the total part of our Constitution. vehemently oppose the candidates, stood for elections. Accordingly, as also pertinently elimination of the system on the pointed out by Sir Hamid, a grounds of safeguarding Challenge to Nomination: provision imposing the sanction minority ethnic group A Landmark Judgement of nullity of nomination for non representation.

declaration of community is in Campaign Process On Nomination Day, all eleven line with that aspect of the candidates of a party called the spirit of the Constitution. A description of Mauritius in Resistance and Alternative who full election campaign mode is presented themselves in four However, the fact that such a interesting. The whole country constituencies were denied provision furthers the proper was covered with posters nomination on the grounds that operation of a supplemental promoting the party, the leader they had refused to indicate election system introduced into or the candidates, “killer” their ethnic group as prescribed the Constitution will not shield posters denigrating their by law. The candidates of that it from unConstitutionality and opponents and the colour of the party had designated consequent invalidity if it runs different contestants. Trying to themselves as “Mauritian” contrary to the spirit of the destroy the displays of their where ethnic information was Constitution from another opponents has often been a required. Paragraph 11 of angle by being repugnant to major factor in causing clashes Regulation 12 of the National other Constitutional provisions between activists of different

4 election update 2004 mauritius number 2 & 3 camps. At the time of writing, need is really not felt. The engaged in the performance of this had not been the case. regular practice of running election duties. Activists and their displays elections and the level of were in peaceful coexistence. literacy is such that practice has Voting by proxy is provided for clearly demonstrated that voters under The National Assembly The campaigns were essentially are knowledgeable about how Elections Regulations, 1968, articulated around major public to vote. An average of 80% Regulations 38 (d) and 38 (e) rallies in all constituencies, voters turn out at each general and includes: “Any public localised night meetings and election to vote and in the last officer who is registered as an door to door canvassing. election the percentage of spoilt elector in Rodrigues and who is

or invalid voter bulletins was now serving in Mauritius; or The outgoing government also only 0.88. Some civil society who is registered as an elector made use of official functions organisations and individuals in any constituency in such as the laying of foundation do, however, feel there is a Mauritius and is now serving in stones and inaugurations of all need to educate voters on how Rodrigues.” types of projects to gather to make choices, but this is a crowds and make political different debate and it is speeches. This was decried by incumbent on the CSOs to take the challenger who has lodged a APPOINTMENT OF POLLING DISTRICTS appropriate action. & POLLING STATIONS formal protest with the Constituency No Electoral Commission. Polling Voters Name No Role of Security Forces Stations As from 20 June, the public Grand River North The Police Commissioner made West and Port Louis 1 12 37,518 T.V. station began formal it public that he had issued an West Port Louis South and political broadcast programmes. 2 8 23,878 official circular to all officers Port Louis Central Port Louis Maritime Civic/Voter Education recalling their obligation of 3 12 22,145 and Port Louis East neutrality and their duty to Port Louis North and 4 12 42,432 Minimal civic or voter ensure law and order. There Montagne Longue Pamplemousses and education programmes were were at the time of writing no 5 17 51,606 undertaken by the Electoral complaints by any party of Triolet Grand Bay and 6 14 44,907 Commission, taking the form of biased behaviour from the Poudre D'Or Piton and Rivière du short talks on public television police force. 7 17 38,042 to inform voters on how to Rempart Quartier Militaire and Printing of Ballot Papers 8 20 38,257 vote. The public broadcaster Moka further ran a daily ten minute Flacq and Bon Ballot papers are printed by the 9 19 47,185 long programme on television Acceuil Government Printing Office Montagne Blanche providing information on the and verified by each Returning and Grand River 10 18 44,077 geography of each South East Officer (assisted by his staff) Vieux Grand Port and constituency, the number of 11 19 36,456 before being sealed. They are Rose Belle voters and names and locations Mahebourge and kept under police custody until 12 13 33,998 of polling stations. The use of Plaine Magnien the morning of Poll Day when Rivière des Anguilles public television is appropriate 13 13 31,118 they are conveyed to their and Souillac as Mauritius has a hundred per Savanne and Black respective polling stations. The 14 21 53,002 cent TV ownership. River process is accepted by all as La Caverne and 15 16 49,537 Political parties also informed being secure and tamper proof. Phoenix Vacoas and Floréal 16 13 40,957 voters on how to vote and Curepipe and 17 11 42,223 generally distributed mock Persons Voting by Proxy Midlands Belle Rose and voter bulletins where they 18 10 40,073 explained the same The categories of persons Quatre Bornes entitled to vote by proxy are Stanley and Rose Hill 19 10 36,633 information, although Beau Bassin and 20 12 39,405 obviously using these bulletins specified in the relevant Petite Rivière to promote themselves. regulations for each type of Rodrigues 21 12 23,856 election. They include, inter TOTAL 21 299 817,305 There is no real call for voter alia, members of the police Source: Notice of the Electoral Commissioner in L'Express newspaper, 1 education to be improved as the force and election officers June 2005.

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Polling Stations type that could allow have been mixed views about identification of the voter. doing so, mainly because all the 299 polling stations were used main stakeholders concerned for the general elections with a Secrecy is, however will, by then, be tired with the total of 1,884 voting rooms and compromised, when it comes to potential of making mistakes or approximately 7,536 voting severely handicapped persons, engaging in acrimonious booths. This was calculated to namely the blind. In such cases, exchange being greater. provide adequate voting the voter is assisted by a polling Furthermore, many believe that facilities for all those eligible to room by an officer from the night time may be too vote between the official voting Electoral Commission who, propitious for organised or times: between 6h00 a.m and after verbal instructions spontaneous violence from 18h00, except in Rodrigues received from the voter, enters activists who would gather where it was from 5h00 a.m to the vote on the ballot paper. outside the counting station. 17h00 to avoid any unduly long queues. The polling stations While serious consideration The use of electronic voting were well secured. Within the should be given to having machines would resolve the clearly marked 200-metre ballot papers in Braille, it must issue by providing almost parameter around the polling be said that the officers instantaneous results after close station, voter canvassing was concerned are held in high trust of voting. However, the use of strictly prohibited and no by voters. this voting mechanism is still person or vehicle was allowed being debated. to show any distinctive political Security of Ballots After marking. Voting and Before Counting Counting

Counting is done on the day The official exercise started in The law enforcement officers following polling day. This the presence of candidates, ensured the compliance of one involves the security of official agents and the counting and all, despite their status. expressed ballots between the agents of all parties. After This included ministers still in close of voting at 18h00 and the opening the ballot boxes, all office who remained under start of counting formalities at ballots are mixed and put in obligation to observe these 06h00 the next day. rolls of one hundred. The rules. In the polling stations, mixing is done to ensure that no accredited yard and classroom Ballot boxes are fully sealed one can clearly attribute a agents of all parties and and secured under supervision voting pattern to one polling candidates were present and of all candidates and agents. All station and the corresponding allowed to carry out their boxes per constituency are geographical area. A number of designated functions. centrally stocked in the polling counting rooms operate station of that constituency simultaneously so as to achieve Secrecy of the Ballot where counting will be done. rounds of one thousand. The boxes are stocked in a Counting is done manually and Secrecy of ballot is fully room made inviolable by all is completed between six hours ensured in the elections. The possible security means. A for the constituencies with less voter receives a voting paper number of party or candidate voters to about eight hours for which is stamped before agents are allowed to remain those with highest number of everyone present with the within the precincts of the voters. Electoral Commission’s official station to keep an all-night stamp. The voting booth watch on the safe room while Announcement of Results provides adequate seclusion for the paramilitary provide official confidentiality of voting. The security. This system has At least four interim results are voter has to fold the paper after proved to be tamper proof in all given by the Returning Officer voting so as not to reveal the previous elections. of each constituency. Results vote, but only the stamp mark, are immediately relayed to the before dropping it into the The question of counting population by radio and the transparent ballot box. There is immediately after close of public television. The final no distinctive marking of any voting has been raised. There results are certified in writing

6 election update 2004 mauritius number 2 & 3 on an official return sheet by Committee established to New Parliament the Returning Officer. This is finalise the recommendations done in the presence of based on the Sachs Report. This The new Parliament resulting candidates and is then entailed having 60 members from the 3 July 2005 general announced publicly to the elected on FPTP, 8 best losers elections, and following the candidates, agents and activists and 30 additional members on nomination of best losers is present at the counting station. the proportional representation comprised as follows: Results are later published in basis. Furthermore, had the Alliance Sociale – 42 seats made the official gazette. previous MSM/MMM up of 36 Labour Party members of government reformed the the National Assembly, 2 PMXD, Nomination of Best Losers system, the Leader of the MSM 2 MMSM, and 2 MSD. who lost his seat in his MMM/MSM in opposition – 24 The Electoral Supervisory constituency would, through seats made up of 11 MSM members, 12 MMM and 1 PMSD Commission and the Electoral the party list, have been back in OPR – 2 seats Commission met on 5 July Parliament. M.R (Mouvement Rodriguais) – 2 2005 to determine the best seats losers. These are nominated to The other notable feature of the the National Assembly as election is the 6.36% achieved Twelve women were elected provided by paragraph 5 of the by an independent candidate in constituting 17.1% of the first schedule of the his constituency. The candidate, 2 new Assembly, the highest Constitution of Mauritius , and Mr George Ah Yan is a social proclaimed on the same day. worker and his score cannot be level of female attributed to ethnic support as representation in the The best losers are as follows: his group merely represents one Mauritian Parliament since Six were from the ethnic group, per cent of his constituency, but independence. This is General Population. Of three rather to his long and sustained particularly noteworthy as were chosen from the Alliance commitment to social work and women candidates, fielded Sociale, two from the civil society advocacy by the two main alliances, Mouvement Rodriguais and one activities. represented only 13.3% of from the Alliance MSM/MMM. the candidates for the two Immediately after the new main blocks. The new Two were from the Muslim Cabinet was appointed, it Parliament chose a non- community, of whom one became evident that 300 health comes from the Alliance care assistants had been elected person, Honourable Sociale and another from the recruited during the electoral Kailash Purryag as the new Alliance MSM/MMM. campaign. Of these, some 121 Speaker. He is a member of were from the constituency of the Labour Party. The Post Election Review the former Minister of Health Deputy Speaker is who was re-elected to Honourabel Jean Francois The results of the elections Parliament, while another 60 Chaumiere from the Labour once again confirmed the were from the constituency of Party. Another non-elected inequity of the FPTP system. his party leader, the former person, namely the leader of The Alliance Sociale won 43 Deputy Prime Minister and the M.R (Mouvement seats (61.4%) with 49.4% of Minister of Finance. Republicain), Rama votes, while the Alliance Allegations of electoral bribery MSM/MMM won only 24 seats have been discussed, but no Valayden has been appointed (34.3%) with 43.3% of votes. formal case has been made by to the post of Attorney the new government or General. It is ironical that the MSM were candidates who opposed the less favourable to the idea of two concerned. The new The new ruling alliance reforming the electoral system government cancelled the appointed 19 Ministers and has as proposed by the Select appointment of the health care indicated it would also appoint assistants who have now five Private Parliamentary

2 challenged that decision by Secretaries. With these See EISA Update: Mauritius No taking the matter to court. appointments, the executive 1

7 election update 2004 mauritius number 2 & 3 would then comprise 24 of the who became September 2008, as the seventy Members of Deputy Prime Minister and President has been politically Parliament. For the first time in Minister of Finance from tainted, it would have been a long while, the executive does September 2003 up to the politically correct for him to not numerically dominate general election of July when offer his resignation. He has not Parliament. he stood as a candidate. Thus done so to date, but the Prime the President cannot be Minister is clearly determined Malaise between President perceived to be totally above to oust him and has now and Prime Minister party politics. Furthermore, at engaged in shadow boxing and the beginning of the campaign, a war of attrition on the A malaise has, as expected, the President made a partisan President. emerged between the Prime political speech at a function Minister and the President. The where he attacked the then latter held the post of Prime Leader of the Opposition, now Minister from 2000 to Prime Minister, and to crown it September 2003, when he all, the President’s wife became resigned and was elected by involved in campaigning for

Parliament as President. He was her son’s party during the also the Leader of the MSM, a electoral campaign. post from which he resigned in September 2003. He then past Many consider that although the leadership on to his son, his mandate extends to

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