Section 17: Child born out of wedlock – Mauritian father – Foreign mother—The

17. Child born out of wedlock – Mauritian father – Foreign mother—The applicant sought a judicial review of the respondent’s decision to refuse to issue a certificate of Mauritian citizenship to his son who was born out of wedlock from a foreign mother. HELD sections 23 and 27 (2) of the Constitution must be construed in such a way as not to frustrate the fundamental rights and freedoms of an individual which include the unity of the family as a group. Section 27 (2) should be read as adding to what has been provided in section 23 and not as excluding those provisions, so that a child born from the relations of a Mauritian father with a foreign mother does not lose his Mauritian citizenship. Panjanadum v Prime Minister (1995). PART III – EMERGENCY LEGISLATION [Not current.]