Section 16: Dual nationality—The plaintiff was born outside Mauritius but acquired

16. Dual nationality—The plaintiff was born outside Mauritius but acquired Mauritian citizenship by descent on 12 March 1968. The plaintiff was in Mauritius in January 1975 when he turned 21 years old. During that time the plaintiff did not renounce his British citizenship in accordance with section 15 of the Mauritius Citizenship Act. The plaintiff’s subsequent renunciation of his British citizenship was not approved. The plaintiff contended that his constitutional rights had been contravened. HELD there is nothing in the text of section 20 (3) of the Mauritius Citizenship Act to say that on becoming a citizen of Mauritius the plaintiff ceased to be a citizen of the United Kingdom. The term “or” in section 26 (d) does not stop Parliament from legislating in terms of section 26 (e). The position with regard to those who acquire dual nationality at birth is different from those who acquire citizenship by registration or naturalisation. In the former case the law requires that a certain step be taken after the citizen turns 21 years. There is no need for an elaborate process in such a situation. Section 26 of the Constitution does “discriminate” against some Mauritians. The provision is contained in the Constitution and there is nothing to prevent that. The presumption of citizenship raised by the issue of a Mauritian passport is rebuttable. Orian v Prime Minister (1991). [EDITORIAL NOTE: The Mauritius Citizenship Act has since been amended.] [Issue 1] CON – 170 Revised Laws of Mauritius