Section 112: References to public office
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.
112. References to public office
(1) In this Constitution, “public office”—
(a) shall be construed as including the offices of Judges of the
Supreme Court, the offices of members of all other Courts of
law in Mauritius (other than Courts martial), the offices of
members of the Police Force and the offices of the President’s
personal staff; and
(b) shall not be construed as including—
(i) the office of member of the Assembly or the Rodrigues
Regional Assembly or its Chairperson;
(ii) any office, appointment to which is restricted to members
of the Assembly or the Rodrigues Regional Assembly; or
(iii) the office of member of any Commission or tribunal
established by this Constitution.
(2) For the purposes of this Constitution, a person shall not be
considered as holding a public office or a local government office, as the
case may be, by reason only that he is in receipt of a pension or other like
allowance in respect of service of the State or under a local authority.
* 1889 c 63 (UK).
CON – 81 [Issue 7]
The Constitution
(3) For the purposes of sections 38 (3), 88 (2) and 90 (2), a person shall
not be considered as holding a public office or a local government office, as
the case may be, by reason only that he is in receipt of fees and allowances
by virtue of his membership of a board, council, committee, tribunal or other
similar authority (whether incorporated or not).
[S. 112 amended by Act 48 of 1991; s. 3 of Act 32 of 2001 w.e.f. 18 January 2002.]
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Questions this section answers
- Is being a member of the National Assembly counted as holding a public office?