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Constitution

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

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Sections

  1. 1 The State
  2. 2
  3. CHAPTER II: PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF INDIVIDUAL
  4. 3 Fundamental rights and freedoms of individual
  5. 4 Protection of right to life
  6. 5 Protection of right to personal liberty
  7. 6 Protection from slavery and forced labour
  8. 7 Protection from inhuman treatment
  9. 8 Protection from deprivation of property
  10. 9 Protection for privacy of home and other property
  11. 10 Provisions to secure protection of law
  12. 11 Protection of freedom of conscience
  13. 12 Protection of freedom of expression
  14. 13 Protection of freedom of assembly and association
  15. 14 Protection of freedom to establish schools
  16. 15 Protection of freedom of movement
  17. 16 Protection from discrimination
  18. 17 Enforcement of protective provisions
  19. 17A Payment of retiring allowances to members
  20. 18 Derogations from fundamental rights and freedoms under emergency
  21. 19 Interpretation and savings
  22. CHAPTER III: CITIZENSHIP
  23. 20 Persons who became citizens on 12 March 1968
  24. 21
  25. 22 Persons born in Mauritius after 11 March 1968
  26. 23 Persons born outside Mauritius after 11 March 1968
  27. 24 Marriage to a citizen of Mauritius
  28. 25 Commonwealth citizens
  29. 26 Powers of Parliament
  30. 27 Interpretation
  31. CHAPTER IV: THE PRESIDENT AND THE VICE-PRESIDENT OF THE REPUBLIC OF MAURITIUS
  32. 28 The President
  33. 29 The Vice-President
  34. 30 Removal of President and Vice-President
  35. 30A Privileges and immunities
  36. 30B
  37. PART I: THE NATIONAL ASSEMBLY
  38. 31 Parliament of Mauritius
  39. 32 Speaker and Deputy Speaker
  40. 33 Qualifications for membership
  41. 34 Disqualifications for membership
  42. 35 Tenure of office of members
  43. 36 Vacation of seat on sentence
  44. 36A Validity of previous elections
  45. 37 Determination of questions as to membership
  46. 38 Electoral Commissions
  47. 39 Constituencies
  48. 40 Electoral Commissioner
  49. 41 Functions of Electoral Supervisory Commission and Electoral
  50. 42 Qualifications of electors
  51. 43 Disqualifications of electors
  52. 44 Right to vote at elections
  53. PART II: LEGISLATION AND PROCEDURE IN NATIONAL ASSEMBLY
  54. 45 Power to make laws
  55. 46 Mode of exercise of legislative power
  56. 47 Alteration of Constitution
  57. 48 Regulation of procedure in National Assembly
  58. 49 Official language
  59. 50 Presiding in National Assembly
  60. 51
  61. 52 Quorum
  62. 53 Voting
  63. 54 Bills, motions and petitions
  64. 55 Oath of allegiance
  65. 56 Sessions
  66. 57 Prorogation and dissolution of Parliament
  67. CHAPTER VI: THE EXECUTIVE
  68. 58 Executive authority of Mauritius
  69. 59 Ministers
  70. 60 Tenure of office of Ministers
  71. 61 The Cabinet
  72. 62 Assignment of responsibilities to Ministers
  73. 63 Performance of functions of Prime Minister during absence or illness
  74. 64 Exercise of President’s functions
  75. 65
  76. 66 Junior Ministers
  77. 67
  78. 68 Direction of Government departments
  79. 69 Attorney-General
  80. 70 Secretary to Cabinet
  81. 71 Commissioner of Police
  82. 72 Director of Public Prosecutions
  83. 73 Leader of Opposition
  84. 74 Constitution of offices
  85. 75 Prerogative of mercy
  86. CHAPTER VIA: THE RODRIGUES REGIONAL ASSEMBLY
  87. 75A The Rodrigues Regional Assembly
  88. 75B Powers of Regional Assembly
  89. 75C Executive Council
  90. 75D Rodrigues Capital and Consolidated Funds
  91. 75E Alteration of certain written laws
  92. CHAPTER VII: THE JUDICATURE
  93. 76 Supreme Court
  94. 77 Appointment of Judges of Supreme Court
  95. 78 Tenure of office of Judges of Supreme Court
  96. 79
  97. 80 Courts of Appeal
  98. 81 Appeals to Judicial Committee
  99. 82 Supreme Court and subordinate Courts
  100. 83 Original jurisdiction of Supreme Court in constitutional questions
  101. 84 Reference of constitutional questions to Supreme Court
  102. CHAPTER VIII: SERVICE COMMISSIONS AND THE PUBLIC SERVICE
  103. 85 Judicial and Legal Service Commission
  104. 86 Appointment of judicial and legal officers
  105. 87 Appointments of principal representatives of Mauritius abroad
  106. 88 Public Service Commission
  107. 89 Appointment of public officers
  108. 90 Disciplined Forces Service Commission
  109. 91 Appointment in Disciplined Forces
  110. 91A Public Bodies Appeal Tribunal
  111. 92 Tenure of office of members of Commissions and Ombudsman
  112. 93 Removal of certain officers
  113. 94 Pension laws and protection of pension rights
  114. 95 Power of Commissions in relation to pensions
  115. CHAPTER IX: THE OMBUDSMAN
  116. 96 Office of Ombudsman
  117. 97 Investigations by Ombudsman
  118. 98 Procedure in respect of investigations
  119. 99 Disclosure of information
  120. 100 Proceedings after investigation
  121. 101 Discharge of functions of Ombudsman
  122. 102 Supplementary and ancillary provision
  123. CHAPTER X: FINANCE
  124. 103 Consolidated Fund
  125. 104 Withdrawals from Consolidated Fund or other public funds
  126. 105 Authorisation of expenditure
  127. 106 Authorisation of expenditure in advance of appropriation
  128. 107 Contingencies Fund
  129. 108 Remuneration of certain officers
  130. 109 Public debt
  131. 110 Director of Audit
  132. CHAPTER XI: MISCELLANEOUS
  133. 111 Interpretation
  134. 112 References to public office
  135. 113 Appointment to certain offices
  136. 114 Acting appointments
  137. 115 Reappointments and concurrent appointments
  138. 116 Removal from office
  139. 117 Resignations
  140. 118 Performance of functions of Commissions and tribunals
  141. 119 Saving for jurisdiction of Courts
  142. 120 Power to amend and revoke instruments
  143. 121 Consultation
  144. 122 Parliamentary control over certain subordinate legislation
  145. FIRST SCHEDULE
  146. 1
  147. 2 Registration of parties
  148. 3 Communities
  149. 4 Provisions with respect to nominations
  150. 5 Allocation of 8 additional seats
  151. FOURTH SCHEDULE
  152. 1
  153. 2
  154. 3
  155. 4 Leave to appeal to the Judicial Committee in pursuance of the provisions
  156. 5
  157. 6 Where the decision appealed from requires the applicant to pay money or
  158. 7
  159. 8
  160. 9
  161. 10
  162. 11 Where an appellant, having obtained an order granting him conditional
  163. 12
  164. 13
  165. 14
  166. 15 Where an appellant, having obtained final leave to appeal, fails to show
  167. 16 (1) Where at any time between the order granting final leave to appeal
  168. 17
  169. 18
  170. 19 Where the Judicial Committee directs a party to bear the costs of an
  171. 20
  172. SCHEDULE
  173. 1
  174. 2
  175. 3
  176. PART I: PRELIMINARY
  177. 1
  178. 2
  179. PART II: GENERAL
  180. 3
  181. 4
  182. 5
  183. 6
  184. 7
  185. 8 The Chairperson and 2 Commissioners will constitute a quorum for a
  186. 9
  187. 10
  188. 11
  189. 12
  190. PART III: APPOINTMENTS, CONFIRMATION OF APPOINTMENTS, PROMOTIONS AND TERMINATION OF APPOINTMENTS
  191. 13
  192. 14
  193. 15
  194. 16
  195. 17
  196. 18
  197. 19
  198. 20 (1) All first appointments to pensionable offices in any Disciplined
  199. 21
  200. 22
  201. 23
  202. 24
  203. 25 Any member of a Disciplined Force attempting to bring influence to
  204. PART IV: DISCIPLINE
  205. 26
  206. 27
  207. 28
  208. 29 (1) Where a preliminary investigation or a disciplinary enquiry discloses
  209. 30 Where criminal proceedings of a nature likely to warrant disciplinary
  210. 31 (1) No disciplinary proceedings against a member of a Disciplined
  211. 32 (1) A member of a Disciplined Force acquitted of a criminal charge in
  212. 33
  213. 34
  214. 35
  215. 36
  216. 37 (1) Where a responsible officer, after having considered every report in
  217. 38
  218. 39
  219. 40
  220. 41 (1) Where the responsible officer considers that the conduct of a
  221. 42
  222. 43
  223. PART V: MISCELLANEOUS AND TRANSITIONAL PROVISIONS
  224. 44
  225. 45
  226. 46
  227. 47 All correspondence for the Commission from any responsible officer or
  228. 48
  229. SCHEDULE
  230. 4
  231. 5
  232. 6
  233. 7 For the purpose of making appointments to vacancies to any office or to
  234. 8
  235. 9
  236. 10
  237. 11 Where an offence against any law appears, whether before or at any
  238. 12
  239. 13
  240. 14
  241. 15
  242. 16
  243. 17
  244. 18
  245. 19
  246. 20
  247. 21 Where an officer charged under these regulations admits in writing the
  248. PART III: APPOINTMENTS, PROMOTIONS, CONFIRMATION OF APPOINTMENTS, AND TERMINATION OF APPOINTMENTS
  249. 15A
  250. 19A
  251. 26
  252. 27 Any public officer attempting to bring influence to bear on the
  253. 28
  254. 29
  255. PART IV: DISCIPLINE
  256. 35A
  257. 42A
  258. 42B (1) (a) A public officer aggrieved by the decision of a responsible
  259. 44
  260. 45
  261. 46
  262. PART IVA: DISCIPLINARY CONTROL THROUGH STATUTORY DISCIPLINARY BODY
  263. 46A (1) Where the Commission, in pursuance of section 89 (2) (b) (i) of
  264. 46B (1) No disciplinary proceedings against a public officer under this Part
  265. 46C
  266. 46D
  267. 46E (1) The statutory disciplinary body, having inquired into the charges,
  268. 46F
  269. PART V: MISCELLANEOUS
  270. 49
  271. 50 All correspondence for the Commission from responsible officers and
  272. 51
  273. SECOND SCHEDULE
  274. 1
  275. 2
  276. 3
  277. 4 Any report, statement or other communication, written or oral, or record
  278. 5 (1) Every person who, otherwise than in the course of his duty, directly
  279. 6 Any person who, in connection with any application for employment or
  280. 7 (1) No Chairperson or member, or the Secretary or any member of the
  281. 8
  282. PART III: CONSTITUTIONAL JURISPRUDENCE A - CASES ON THE CONSTITUTION
  283. 1 Aliens
  284. 2 British nationality
  285. 3 Passports
  286. 4 Registration and renunciation
  287. 5 Freedom of expression
  288. 6 Freedom of movement
  289. 7 Freedom of religion
  290. 8 Inhuman treatment
  291. 9 Presumption of innocence
  292. 10 Protection of the law
  293. 11 Right to liberty
  294. PART I: AMENDMENT OF CONSTITUTION
  295. 3 Amendment of section 1 of Constitution – Democracy – Separation of
  296. PART II: CITIZENSHIP
  297. 1 Aliens
  298. 2 British Nationality
  299. 13 Nationality as affected by marriage—The respondent, a British subject
  300. 14
  301. 15 Deprivation of citizenship—The applicant who was outside Mauritius
  302. 16 Dual nationality—The plaintiff was born outside Mauritius but acquired
  303. 17 Child born out of wedlock – Mauritian father – Foreign mother—The
  304. PART III: EMERGENCY LEGISLATION
  305. 30
  306. 31
  307. 32 Mandamus – Representation of the People Ordinance, 1958 – The
  308. 33 Validity of Order under section 41 of the Representation of the People
  309. PART IV: EXECUTIVE
  310. 1 Director of Public Prosecutions
  311. 2 Executive Offices
  312. 47 Executive – Immunity from suit—The plaintiff sued the defendant for
  313. 48 Commission on the Prerogative of Mercy – Advice to the President—By
  314. 3 Termination of Employment
  315. 49
  316. 50 Section 113 of Constitution – Termination of employment after second
  317. PART V: HUMAN RIGHTS AND FREEDOMS
  318. 1 Deprivation of Property
  319. 52
  320. 53
  321. 54 Separation of powers – Usurpation of judicial power—The plaintiff sold
  322. 55
  323. 56
  324. 57 Tax on fishing and shooting leases – Whether constitutional – Shooting
  325. 58
  326. 59
  327. 60 Finance Act 1990—The plaintiff contracted to purchase an immovable
  328. 61 Seizure—In a case where a vehicle suspected of having been embezzled was seized by the Police,
  329. 62
  330. 63 Refusal to renew a licence to run a stone crushing plant—The plaintiff
  331. 64 Deprivation of property – Coercive legislation – Stock Exchange Act
  332. 65
  333. 66 Retrait successoral – Constitutionality—The repealed provisions of the
  334. 67 Right of husband to dispose of wife’s property—Amendments made to
  335. 2 Discrimination
  336. 68 Place of origin – Power of Parliament to differentiate—To differentiate
  337. 69 The plaintiff, who was charged with murder raised objection to being
  338. 70 Division of community property – Discrimination on basis of sex—The
  339. 71
  340. 72
  341. 73
  342. 74 Denominational schools – Selection of staff—In 1989, regulations were
  343. 75 Inclusion of oriental languages in examination syllabus – Interpretation
  344. 76 Discrimination – Equality of treatment—The plaintiff (now respondent)
  345. 77 Discrimination – admission to schools—The father of a Hindu girl had
  346. 78 Discrimination – Constitutionality of inequality of treatment—Plaintiff
  347. 3 Fair Hearing
  348. 79 Case taken in absence of Counsel—On the day fixed for the trial,
  349. 80 Fair trial – Refusal of trial Court to grant postponement at request of
  350. 81
  351. 82 Withdrawal of Counsel – Accused unrepresented at trial—An accused
  352. 83
  353. 84
  354. 85 Counsel allowed to withdraw—On 6 March 1974, an information was
  355. 86
  356. 87
  357. 88 Time to prepare defence—The appellant was brought to Court and first
  358. 89 Duties and discretion of Counsel at hearing—A Magistrate granted a
  359. 90
  360. 91
  361. 92
  362. 93 No fault of client – New trial—The Court reversed the Magistrate’s
  363. 94 Withdrawal of Counsel—The appellant was absent on the day of trial
  364. 95
  365. 96
  366. 97 Application for new trial – Time limits for application—The appellant
  367. 98 Unrepresented appellant—It was the responsibility of the appellant and
  368. 99 Law practitioners – Conduct—The constitutional right of a defendant in
  369. 100 Withdrawal of Counsel – Miscarriage of justice—The appellant was
  370. 101
  371. 102
  372. 103
  373. 104 Appellant without Counsel—In a trial before the Intermediate Court,
  374. 105 Retention of lawyer – Failure to instruct—The appellant was charged
  375. 106
  376. 107
  377. 108 Fair trial – Accused undefended – Court’s duty—The Court explained
  378. 109
  379. 110 Duty of accused to take steps to retain Counsel—The Court of Appeal
  380. 111
  381. 112
  382. 113 Absence of witness duly summoned by the defence – Duty of Court
  383. 114 Refusal of postponement—The Court refused a written request for
  384. 115 Refusal of postponement – Withdrawal of Counsel—On the date of
  385. 116 Refusal of Magistrate to postpone case on the day of trial—Counsel X
  386. 117
  387. 118 Voir dire – Hearing of evidence—The accused were charged with
  388. 119 Interpretation of “charged” and “fair hearing within a reasonable
  389. 120
  390. 121
  391. 122 The point at issue was raised and analysed in the case of R v Labat
  392. 123 Right to trial within reasonable time—The appellant was convicted of
  393. 124
  394. 125 Dismissal of action for want of prosecution—The plaintiff was injured
  395. 126 Abuse of process – Nolle prosequi – Principles—The accused were
  396. 127 Fair trial – Length of time since the date of the accident—A first suit
  397. 128
  398. 129 Fair trial – Delay – Nolle prosequi – Fresh case—The appellant was
  399. 130
  400. 131 Right to a fair trial within a reasonable time—There had been a lapse
  401. 132 Right to public trial—The appellant was charged with rape. Two
  402. 133 Right to public trial—Appellant was charged with rape. On appeal, he
  403. 134
  404. 135 Fair trial – Criminal proceedings – Hearing in camera—The appellant
  405. 136 Limitation of actions – Prescription—The plaintiff was injured in a car
  406. 137 Appeal – Time limits—The appellant consistently failed to appear for
  407. 138 Impartial tribunal—The appellant was convicted of cultivating gandia
  408. 139
  409. 140 Different Judge having adjudicated on a plea in limine litis—The case
  410. 141 Perception of fair trial – Magistrate refusing change of plea and hearing
  411. 142 Pre-trial publicity – Length of time—Counsel questioned the propriety
  412. 143 Case heard by Acting Magistrate holding substantial appointment in
  413. 144 Suit between different parties—The evidence of parties to suits of a
  414. 145
  415. 146
  416. 147
  417. 148 Authority to continue case—A case was started before a Magistrate,
  418. 149 Evidence heard by only one of two Magistrates—At a trial before the
  419. 150 Fair trial—The appellants were convicted of property offences. Their
  420. 151 Differently constituted Court – Evidence—The appellant was convicted
  421. 152 Differently constituted Court – Trial—The appellant was convicted by
  422. 153
  423. 154 No opportunity for opposite party to cross-examine—The appellant
  424. 155 Evidence de bene esse—During a divorce hearing the petitioner had
  425. 156
  426. 157 Right to cross-examine witness—The appellant who was inops consilii
  427. 158 Ratio in Sip Heng Wong Ng and Ng Ping Man v R—The provisions of
  428. 159 Right of accused to interpreter—Section 10 (2) (f) of the Constitution
  429. 160 Statement ruled admissible by differently constituted Bench to that
  430. 161
  431. 162
  432. 163
  433. 164 Right of accused to know precisely offence charged with—Appellant
  434. 165
  435. 166
  436. 167 Constitutional redress for breach of right to fair hearing—The plaintiff,
  437. 4 Freedom of assembly and association
  438. 168 Constitutionality of section 9 (1) and (3) of the Public Order Act—The
  439. 169 Exercise of profession – Stock Exchange Acts 1987 and 1988—The
  440. 170
  441. 171 Derogations – Communication of decision to prohibit meeting—The
  442. 172
  443. 5 Freedom of expression
  444. 173
  445. 174 The Emergency Powers (Control of Gatherings) Regulations, 1971,
  446. 175
  447. 176
  448. 177
  449. 6 Freedom of movement
  450. 178 Exercise of right of appeal to Privy Council – Application to leave the
  451. 179 Passport Regulations – Objection to departure—The applicant who
  452. 180 Private prosecution – Refusal of permission to leave Mauritius—The
  453. 181 Issue of passport – Sentence for criminal offence—The applicant had,
  454. 7 Freedom of religion
  455. 182 Constitution – freedom of thought and religion—The applicant sought
  456. 183 Right to Muslim personal law—The plaintiffs claimed a constitutional
  457. 184 Annual Government religious subsidy—The Government of Mauritius
  458. 8 Inhuman treatment
  459. 185 Emergency Powers (Arrest and Detention of Suspected Persons)
  460. 186 Death penalty – Constitutionality—The appellant was convicted of
  461. 187
  462. 188
  463. 189 Inhuman treatment – Proportionality – Minimum penalty—The first
  464. 9 Presumption of innocence
  465. 190 Burden of proof – Presumption of guilt or innocence—The District
  466. 191 Statutory presumptions – Interpretation of statutes—If section 32 (2)
  467. 192 Unlawful possession of wood—The appellant was prosecuted, under
  468. 193
  469. 194 Unlawful possession of offensive weapon—Section 29A of the Penal
  470. 195 Use of private car as taxi – Presumption—The appellant, owner of a
  471. 196 Excisable goods—Section 32 of the Excise Act, 1974, in so far as it
  472. 197
  473. 198 Publishing false news—On a prosecution under section 299 (b) of the
  474. 199
  475. 200 Presumption of innocence – Section 188 of Road Traffic Act—The
  476. 10 Protection of the Law
  477. 201 Statutory powers – Exercise – Quasi-judicial powers – Opportunity to
  478. 202
  479. 203 Right of appeal under section 82 (2) of the Constitution – Effect on
  480. 204
  481. 205
  482. 206 Deportation – Order executed prior to hearing and without knowledge
  483. 207 Debtor prevented from leaving Mauritius—The applicant sought to
  484. 208 Section 38 (2) (c) of the Dangerous Drugs Act 1986—Sec-tion 38 (2) (c)
  485. 209 Protection of the law – Minimum penalty—The appellant appealed
  486. 210 Non-retroactivity of criminal activities – Interpretation of section 10 (4)
  487. 211 Meaning of “imprisonment for life”—The applicant committed murder
  488. 212
  489. 11 Right to liberty
  490. 213 Separation of powers – Bail – principles—The applicant was arrested
  491. 214 Bail – Principles—The applicant who was a Barrister was arrested and
  492. 215 Bail – Principles—The applicant’s bail application had been refused by
  493. 216
  494. 217
  495. 218
  496. PART VI: LEGISLATURE
  497. 1 Elections
  498. 219 Validity – In general – Uncertain or irregular markings by voter—The
  499. 220 Questions to voters – Tendered ballot paper—The duty cast upon the
  500. 221 Tendered ballot paper – Not returned to presiding officer—Rivalland v
  501. 222 Validity of votes – Secrecy of the ballot – Votes expressed on verso
  502. 223
  503. 224 Local government and parliamentary elections – Whether electoral
  504. 225
  505. 226
  506. 227 Recount – Grounds – Onus of proof – Presumption—On an election
  507. 228
  508. 229 Nomination of candidate – Questioning by election petition—On an
  509. 230
  510. 231
  511. 232 Votes given to disqualified candidate—On an election petition to declare
  512. 233 Election petition—The petitioners who had filed an election petition
  513. 234 Right of intervention in election petition—The right of a candidate to
  514. 236
  515. 237 Jurisdiction of Court—The plaintiff sought a declaration that the 1991
  516. 238
  517. 239 Registration of political party – Variation of name of political party on
  518. 240 Registration of political parties – Appeal from decision of Electoral
  519. 241 Representation of the People Ordinance, 1958 (now Act) – Legislative
  520. 242 Failure of returning officer to adjourn the poll—On an election petition
  521. 243
  522. 244 Irregularities at elections—Rault v Returning Officer for the Electoral
  523. 245
  524. 246
  525. 247
  526. 248 Qualifications or disqualifications for nomination – Whether distinct
  527. 249 Essentials of valid nomination – Subscription of nomination paper—By
  528. 250 Insertion of proper surname and other names of candidate—On an
  529. 251 On an election petition to declare the return of the respondent as an
  530. 252
  531. 253
  532. 254 Failure of prospective candidate to state his community on nomination
  533. 255
  534. 256 Medical attendant appointed to sugar estate under Labour Law—The
  535. 257
  536. 258
  537. 259
  538. 260
  539. 261 Immovable property – House built on “Pas Géométriques” leased from
  540. 262 Annual or monthly value—The annual or monthly value of land which
  541. 263 Government officer under suspension on half pay – Where half pay
  542. 264
  543. 266 Government Medical Officer paid in Port Louis but working outside
  544. 267
  545. 268 Conviction for perjury—A conviction for perjury disqualifies a voter
  546. 269 Immovable property belonging to communauté—A husband married
  547. 270 Omnibus controller – Head office in Port Louis – Plying between Port
  548. 271
  549. 272 Temporary absence—On appeal against the decision of a registration
  550. 273
  551. 274 Grounds for expunging – Misnomer—The Magistrate was wrong to
  552. 275
  553. 276 Objections – Time—The object of the enactment was to substitute a
  554. 277
  555. 278 Appeal to Privy Council – Provisional execution – Judgment ordering
  556. 279
  557. 280 The Supreme Court ordered the Register of Electors for the District of
  558. 281
  559. 282
  560. 283 Where objection was taken to a name on the list of claimants, the
  561. 284 Failure of claimant for registration under one qualification – Whether bar
  562. 285 Effect of register – Misnomer – What constitutes—Rault v Returning
  563. 286 Rights and duties of leader of political party—Where the leader of a
  564. 287 Wrong allocation of air-time – Political broadcasts—The applicants
  565. 288
  566. 289
  567. 290
  568. 2 Parliament
  569. 291 Candidates available—A declaration was sought to the effect that
  570. 292
  571. 293 Allocation of eight remaining seats – First Schedule—After the general
  572. 294
  573. 295 Appropriate Community – Way of life – Religion—HELD the Court was
  574. 296
  575. 297 Reprint of laws of Mauritius – Discrepancy from original—Rouillard’s
  576. 298 Civil Code – Includes amending enactments—The words “Civil Code”
  577. 299
  578. 300 Amendment of Ordinance incorporated in – Revised Edition before
  579. 301 Power of Parliament to legislate – Constitution section 45—The Courts
  580. 302 Conventions – ius cogens – Domestic law—Held referring to Jubb v
  581. 303
  582. 304 Publishing defamatory statement or writing upon the Council—The
  583. 305
  584. 306 Order prohibiting introduction of Bills—The applicant asks, ex parte,
  585. 307 National Assembly – Select Committee proceedings – Immunity from
  586. 308
  587. 309 National Assembly – Suspension of a member—The Supreme Court
  588. 311 Election and revocation of office of speaker—On 4 December 1990
  589. 312 Death of member—The causes of vacancy in the Legislative Assembly
  590. 313
  591. 314 Computation of time period—The applicant sought a determination as
  592. 315
  593. 316 Contract with Government – Non-disclosure—Section 35 (1) (c) of the
  594. 317
  595. 318 Municipal Elections – Unconvicted detainee – Right to campaign and
  596. 319
  597. PART VII: REDRESS
  598. 320 Declaratory judgment of Privy Council—The plaintiffs were employees
  599. 321
  600. 322 Sugar Insurance Fund Amendment Act 1988—Until July 1988 the
  601. 323
  602. 324 Fair trial – Composition of jury—The plaintiff seeks redress pursuant
  603. 325 Rules governing plaints for constitutional relief—The new rule 10 of
  604. 326
  605. 327
  606. 328 The plaintiff had successfully appealed to the Judicial Committee
  607. 329
  608. 330 Sufficient interest – Tax payer—The plaintiff claimed that the tax
  609. 331
  610. 1 Bérenger v Governor-General 1973 MR 215
  611. 2 Chung Fook Lung v Mootooveeren 1997 MR 218
  612. 3 Accountant-General v Baie du Cap Estate 1988 MR 1
  613. 4 Amasimbi v State 1992 MR 227
  614. 5 Babeea v R 1981 MR 67
  615. 6 Hardy Henry v Kaloo 1986 MR 173
  616. 7 Pandoo v State 2006 MR 323
  617. 8 Accountant-General v Baie du Cap Estates 1988 MR 1
  618. 9 Islamic Cultural Assn v Minister of Housing 1975 MR 103
  619. 10 Ajeda v R 1988 MR 235
  620. 11 Aumeer v L’Assemblée de Dieu 1988 MR 229
  621. 12 Chairman MBC v Jacques Liu Fai 1993 MR 155
  622. 13 Bizlall v Commissioner of Police 1993 MR 213
  623. 14 Government Teachers Union v RCE Authority 1987 MR 88
  624. 15 Dookhy v Passport & Immigration Officer 1987 MR 75
  625. 16 Bishop of Roman Catholic Diocese of Port Louis v
  626. 17 Audibert v Raghoonundun 1980 MR 7
  627. 18 Carré v Commissioner of Police 1972 MR 124
  628. 19 Mathoorasing v Governor-General 1973 MR 156
  629. 20 D’Arifat v Lesueur 1949 MR 191
  630. 21 Esther v Prime Minister 1983 MR 121
  631. 23 Panjanadum v Prime Minister 1995 MR 93
  632. 24 Esther v Prime Minister 1983 MR 121
  633. 26 Esther v Prime Minister 1983 MR 121
  634. 27 Panjanadum v Prime Minister 1995 MR 93
  635. 30A Dayal v Attorney-General 2000 MR 104
  636. 31 Bérenger v Governor-General 1973 MR 215
  637. 32 Bérenger v Jeewoolall 1999 MR 57, 172
  638. 33 UDM v Governor-General 1990 MR 118
  639. 34 Moignac v Leal 1954 MR 25
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