ELECTION UPDATE 2005 MAURITIUS Number 1 17 June 2005 Contents Election held Earlier than Expected 1 Constitutional and Legal Framework 2 Electoral Commissions 3 Capacity of the Electoral Management Bodies 4 Electoral System 5 Review of Previous Elections 7 Political Parties, Factionalism, Manifestoes and Financing 8 The Media 9 Civil Society 10 Election Conflict Management 11 Compiled by Amedee Darga EISA Editorial Team Jackie Kalley, Khabele Matlosa, Denis Kadima Published with the assistance of the New Zealand Embassy Elections held Earlier September 2005. As per the days nor more than 30 days than Expected Representation of People Act after the day on which the (1958), as subsequently writ is issued and the day on Mauritius is holding a amended, the President, which a poll is to take place, general election on July 3, acting in accordance with the shall be at least 15 days and 2005 to elect a new advice of the Prime Minister no more than 60 days, after parliament and thereby a shall, for the purpose of the day the nomination of new government. The term electing a new Parliament, candidates is received. of the outgoing government not later than 55 days after a started in September 2000. dissolution of Parliament This means that when the under section 57 of the 2000 – 2005 Parliament The general election is being Constitution, issue a writ of would have naturally been held ahead of normal election directed to the dissolved, on 20 September schedule and at a time of the returning officer of every 2005, there was a maximum incumbent’s choosing. The constituency, specifying the limit of up to 145 days for life of the parliament elected day of the election. Election holding the election, that is in 2000 ends on 11 day shall be not less than 15 up to 3 February 2006. election update 2005 Mauritius number 1 However, as a general rule The government presented election observers to observe elections are never held its national budget in April the election process in between January and the 2005 ahead of the normal Mauritius where, in beginning of April as this time in June and connection with an election, coincides with the cyclonic immediately after approval they have been – season and has a by parliament proceeded (a) designated to do so by concentration of religious with the dissolution. any international or regional festivals. So, one can Parliament was dissolved organisation; and reasonably conclude, it with effect from 24 April (b) with the approval of the would have been normal that 2005 and the President of the Electoral Supervisory the 2005 general election be Republic issued writs of Commission, authorised to held between September and election for the purpose of do so by the Electoral December 2005. electing a new Parliament on Commissioner. 9 May 2005, appointing 30 However, the Prime Minister May 2005 as nomination Political representation at decided to call the general day. The President further both national and local election six months earlier in appointed 3 July 2005, as the government level in order to avoid having to hold day on which the Poll is to Mauritius is through a fully a by-election in a particularly be held. competitive electoral difficult constituency. The process. Political by-election was caused by Constitutional and Legal representation is based on the resignation of a member Framework universal adult suffrage of parliament of the expressed through a secret opposition from constituency The provisions for ballot. The voting age is 18 No. 3. On applying the determining members of years and above. The life of provisions of the parliament, the appointment a parliament is for a Representation of People and functions of electoral maximum of five years. The Act, a by-election would management bodies, the members of the National have become due at the latest determination of election Assembly are elected at a in April 2005, i.e. seven dates and official nomination general election. Sixty-two months before the general of candidates, the members are elected on a election. The government registration of voters, the first past the post basis from feared losing the by-election election management and twenty-one constituencies. which could have a snowball challenge processes, the Additionally, eight other effect for the general mode of election, the mode members are appointed as election, with negative of voting, and the Best Loser members of consequences, especially appointment of additional parliament, thus giving a since it had already lost a by- seats (also known as best national assembly of election in December 2003. losers) are long and well seventy. The appointment is As per the law, the only way established in the made by the Electoral to avoid holding the by- Constitution of Mauritius, Supervisory Commission on election was for government the Representation of People the basis of a mechanism to dissolve parliament before Act 1968, and in the prescribed under the Section the date for the by-election National Assembly 5 of the First Schedule of the was due. As from the time of Regulations 1968 (4th Constitution and in a manner the dissolution, the clock Schedule Act) and 12/68. that ensures adequate starts ticking, as provided for The Representation of representation of the in the law. People Act was amended in officially recognised ethnic 2005 to provide for the first groups without changing the time, for international balance of forces between 2 election update 2005 Mauritius number 1 the parties as obtained persons who belong to Electoral Boundaries through direct suffrage. parties other than the most Commission, the Electoral successful party, shall be Supervisory Commission Section 5 (1) of the First ascertained, and so far as is and the Electoral Schedule of the Constitution possible that number of seats Commissioner. states the following: “In (out of the second 4 seats) order to ensure a fair and shall be allocated one by one Section 38 of the adequate representation of to the most successful Constitution stipulates the each community, there shall unreturned candidates (if following regarding the be 8 seats in the Assembly, any) belonging both to the structure of the Electoral additional to the 62 seats for most successful party and to Boundaries Commission and members representing the appropriate community. the Electoral Supervisory constituencies, which shall Where there is no unreturned Commission: so far as is possible be candidate of the appropriate (1) There shall be an allocated to persons community, seats will be Electoral Boundaries belonging to parties who allocated to the most Commission which shall have stood as candidates for successful unreturned consist of a chairman and not election as members at the candidates belonging to the less than two or more than general election but have not most successful party, seven other members been returned as members to irrespective of community. appointed by the President, represent constituencies”. acting in accordance with the The proclamation of the advice of the Prime Minister The term “community” here dissolution of the National which is tendered after the means “ethnic group”. Assembly is done by the latter has consulted the President of the Republic Leader of the Opposition. Section 5 (3) The first 4 of although the choice of the (2) There shall be an the 8 seats shall, so far as is date for dissolution is the Electoral Supervisory possible, each be allocated to prerogative of the Prime Commission which shall the most successful Minister. However, as per consist of a chairperson unreturned candidate, if any, the amendment of the appointed by the President in who is a member of a party Constitution in 1982 and as accordance with the advice and who belongs to the per section 57(2), the of the Judicial and Legal appropriate community, National Assembly is Service Commission and not regardless of which party he automatically dissolved five less than two or more than belongs to. years from the date of the seven other members first sitting. From the date of appointed by the President, “Appropriate community “in dissolution of the National acting in accordance with the the above section means the Assembly, the election advice of the Prime Minister community, which is most process follows a well tendered after the latter has under-represented. The basis established and well consulted the Leader of the for determining the under- rehearsed pattern. Opposition. representation is the 1972 (3) No person shall be population census figure. Electoral Commissions qualified for appointment as a member of the Electoral Section 5 (4) When the first Two bodies and one official Boundaries Commission or 4 seats (or as many as have the constitutional the Electoral Supervisory possible of those seats) have responsibility for the Commission if he is a been allocated, the preparation, management member of, or a candidate number of such seats that and oversight of the election for election to, the Assembly have been allocated to processes. These are the or any local authority or a 3 election update 2005 Mauritius number 1 public officer or a local functions relating to the chairman and two to seven government officer. registration and elections as members, all appointed by may be prescribed, and he the President “acting in Section 40 describes the shall keep the Electoral accordance with the advice office of the Electoral Supervisory Commission of the Prime Minister Commissioner: fully informed concerning tendered after the Prime (1) There shall be an the exercise of his functions Minister has consulted the Electoral Commissioner, and shall have the right to leader of the Opposition.”1 whose office shall be a attend meetings of the The Commission may “take public office and who shall Commission and to refer to into account representations be appointed by the Judicial the Commission for their made to it in respect of any and Legal Service advice or decisions regarding proposed alteration of a Commission.