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Constitution of Mauritius

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Revised Laws of Mauritius PART I THE CONSTITUTION* GN 54 of 1968 – 12 March 1968 ARRANGEMENT OF SECTIONS SECTION CHAPTER I – THE STATE AND 17A. Payment of retiring allowances to THE CONSTITUTION members 1. The State 18. Derogations from fundamental 2. Constitution is supreme law rights and freedoms under emer- gency powers CHAPTER II – PROTECTION OF FUNDAMENTAL RIGHTS AND 19. Interpretation and savings FREEDOMS OF INDIVIDUAL CHAPTER III – CITIZENSHIP 3. Fundamental rights and freedoms 20. Persons who became citizens on of individual 12 March 1968 4. Protection of right to life 21. Persons entitled to be registered 5. Protection of right to personal as citizens liberty 22. Persons born in Mauritius after 6. Protection from slavery and 11 March 1968 forced labour 23. Persons born outside Mauritius 7. Protection from inhuman after 11 March 1968 treatment 24. Marriage to a citizen of Mauritius 8. Protection from deprivation of 25. Commonwealth citizens property 26. Powers of Parliament 9. Protection for privacy of home 27. Interpretation and other property CHAPTER IV – THE PRESIDENT 10. Provisions to secure protection of AND THE VICE-PRESIDENT OF law THE REPUBLIC OF MAURITIUS 11. Protection of freedom of 28. The President conscience 29. The Vice-President 12. Protection of freedom of expression 30. Removal of President and Vice- President 13. Protection of freedom of assembly and association 30A. Privileges and immunities 14. Protection of freedom to establish 30B. Oaths to be taken by President schools and Vice-President 15. Protection of freedom of CHAPTER V – PARLIAMENT movement PART I – THE NATIONAL 16. Protection from discrimination ASSEMBLY 17. Enforcement of protective 31. Parliament of Mauritius provisions 32. Speaker and Deputy Speaker * This Constitution was originally published as the Schedule to the Mauritius Independence Order 1968 in GN 54 of 1968. The Order was complemented in the UK by the Mauritius In- dependence Act 1968. The Mauritius Independence Order 1968 and the Mauritius Inde- pendence Act (UK) were officially published in Mauritius in the Revised Laws of Mauritius 1981 Vol. 1 and the Revised Laws of Mauritius 2000 Vol. 1. CON – 1 [Issue 1] The Constitution SECTION 33. Qualifications for membership 63. Performance of functions of Prime 34. Disqualifications for membership Minister during absence or illness 35. Tenure of office of members 64. Exercise of President’s functions 36. Vacation of seat on sentence 65. President to be kept informed 36A. Validity of previous elections 66. Junior Ministers 37. Determination of questions as to 67. Oaths to be taken by Ministers membership and Junior Ministers 38. Electoral Commissions 68. Direction of Government departments 39. Constituencies 69. Attorney-General 40. Electoral Commissioner 70. Secretary to Cabinet 41. Functions of Electoral Supervisory Commission and Electoral 71. Commissioner of Police Commissioner 72. Director of Public Prosecutions 42. Qualifications of electors 73. Leader of Opposition 43. Disqualifications of electors 73A. — 44. Right to vote at elections 74. Constitution of offices PART II – LEGISLATION AND 75. Prerogative of mercy PROCEDURE IN NATIONAL CHAPTER VIA – THE RODRIGUES ASSEMBLY REGIONAL ASSEMBLY 45. Power to make laws 75A. The Rodrigues Regional Assembly 46. Mode of exercise of legislative 75B. Powers of Regional Assembly power 75C. Executive Council 47. Alteration of Constitution 75D. Rodrigues Capital and Consoli- 48. Regulation of procedure in dated Funds National Assembly 75E. Alteration of certain written laws 49. Official language CHAPTER VII – THE JUDICATURE 50. Presiding in National Assembly 76. Supreme Court 51. National Assembly may transact business notwithstanding 77. Appointment of Judges of vacancies Supreme Court 52. Quorum 78. Tenure of office of Judges of Supreme Court 53. Voting 79. Oaths to be taken by Judges 54. Bills, motions and petitions 80. Courts of Appeal 55. Oath of allegiance 81. Appeals to Judicial Committee 56. Sessions 82. Supreme Court and subordinate 57. Prorogation and dissolution of Courts Parliament 83. Original jurisdiction of Supreme CHAPTER VI – THE EXECUTIVE Court in constitutional questions 58. Executive authority of Mauritius 84. Reference of constitutional ques- 59. Ministers tions to Supreme Court 60. Tenure of office of Ministers CHAPTER VIII – SERVICE 61. The Cabinet COMMISSIONS AND THE PUBLIC SERVICE 62. Assignment of responsibilities to Ministers 85. Judicial and Legal Service Commission [Issue 1] CON – 2 Revised Laws of Mauritius SECTION 86. Appointment of judicial and legal 104. Withdrawals from Consolidated officers Fund or other public funds 87. Appointment of principal repre- 105. Authorisation of expenditure sentatives of Mauritius abroad 106. Authorisation of expenditure in 88. Public Service Commission advance of appropriation 89. Appointment of public officers 107. Contingencies Fund 90. Disciplined Forces Service 108. Remuneration of certain officers Commission 109. Public debt 91. Appointment in Disciplined Forces 110. Director of Audit 91A. Public Bodies Appeal Tribunal CHAPTER XI – MISCELLANEOUS 92. Tenure of office of members of 111. Interpretation Commissions and Ombudsman 112. References to public office 93. Removal of certain officers 113. Appointment to certain offices 94. Pension laws and protection of pension rights 114. Acting appointments 95. Power of Commissions in relation 115. Reappointments and concurrent to pensions appointments CHAPTER IX – THE OMBUDSMAN 116. Removal from office 96. Office of Ombudsman 117. Resignations 97. Investigations by Ombudsman 118. Performance of functions of Commissions and tribunals 98. Procedure in respect of investigations 119. Saving for jurisdiction of Courts 99. Disclosure of information 120. Power to amend and revoke instruments 100. Proceedings after investigation 121. Consultation 101. Discharge of functions of Ombudsman 122. Parliamentary control over certain subordinate legislation 102. Supplementary and ancillary provision FIRST SCHEDULE 102A. — SECOND SCHEDULE CHAPTER X – FINANCE THIRD SCHEDULE 103. Consolidated Fund FOURTH SCHEDULE PART I THE CONSTITUTION CHAPTER I – THE STATE AND THE CONSTITUTION 1. The State Mauritius shall be a sovereign democratic State which shall be known as the Republic of Mauritius. [S. 1 amended by Act 48 of 1991.] CON – 3 [Issue 2] The Constitution 2. Constitution is supreme law This Constitution is the supreme law of Mauritius and if any other law is inconsistent with this Constitution, that other law shall, to the extent of the inconsistency, be void. CHAPTER II – PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF INDIVIDUAL 3. Fundamental rights and freedoms of individual It is hereby recognised and declared that in Mauritius there have existed and shall continue to exist without discrimination by reason of race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, each and all of the following human rights and fundamental freedoms— (a) the right of the individual to life, liberty, security of the person and the protection of the law; (b) freedom of conscience, of expression, of assembly and associa- tion and freedom to establish schools; and (c) the right of the individual to protection for the privacy of his home and other property and from deprivation of property with- out compensation, and the provisions of this Chapter shall have effect for the purpose of afford- ing protection to those rights and freedoms subject to such limitations of that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of those rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest. 4. Protection of right to life (1) No person shall be deprived of his life intentionally save in execution of the sentence of a Court in respect of a criminal offence of which he has been convicted. (2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as the result of the use, to such ex- tent and in such circumstances as are permitted by law, of such force as is reasonably justifiable— (a) for the defence of any person from violence or for the defence of property; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) for the purpose of suppressing a riot, insurrection or mutiny; or (d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war. [Issue 2] CON – 4 Revised Laws of Mauritius 5. Protection of right to personal liberty (1) No person shall be deprived of his personal liberty save as may be authorised by law— (a) in consequence of his unfitness to plead to a criminal charge or in execution of the sentence or order of a Court, whether in Mauritius or elsewhere, in respect of a criminal offence of which he has been convicted; (b) in execution of the order of a Court punishing him for contempt of that Court or of another Court; (c) in execution of the order of a Court made to secure the fulfil- ment of any obligation imposed on him by law; (d) for the purpose of bringing him before a Court in execution of the order of a Court; (e) upon reasonable suspicion of his having committed, or being about to commit, a criminal offence; (f) in the case of a person who has not attained the age of 18 years, for the purpose of his education or welfare; (g) for
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