Section 17: Enforcement of protective provisions
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.
17. Enforcement of protective provisions
(1) Where any person alleges that any of sections 3 to 16 has been, is
being or is likely to be contravened in relation to him, then, without prejudice
to any other action with respect to the same matter that is lawfully available,
that person may apply to the Supreme Court for redress.
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CON – 18 (1) [Issue 9]
Revised Laws of Mauritius
(2) The Supreme Court shall have original jurisdiction to hear and determine any application made by any person in pursuance of subsection (1), and
may make such orders, issue such writs and give such directions as it may
consider appropriate for the purpose of enforcing, or securing the enforcement of, any of sections 3 to 16 to the protection of which the person concerned is entitled:
Provided that the Supreme Court shall not exercise its powers under
this subsection if it is satisfied that adequate means of redress for the contravention alleged are or have been available to the person concerned under
any other law.
(3) The Supreme Court shall have such powers in addition to those conferred by this section as may be prescribed for the purpose of enabling that
Court to exercise the jurisdiction conferred upon it by this section more
effectively.
(4) The Chief Justice may make rules with respect to the practice and
procedure of the Supreme Court in relation to the jurisdiction and powers
conferred upon it by or under this section (including rules with respect to the
time within which applications to that Court may be made).
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Questions this section answers
- If my constitutional rights are violated, can I apply directly to the Supreme Court for a remedy?
- Will the Supreme Court still hear my rights case if another law already gives me an adequate remedy?