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Section 207: Debtor prevented from leaving Mauritius—The applicant sought to

Constitution · PART V: HUMAN RIGHTS AND FREEDOMS

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.

207. Debtor prevented from leaving Mauritius—The applicant sought to prevent a foreigner from leaving Mauritius on the ground that he owed him a debt to the applicant. CON – 221 [Issue 1] The Constitution The bodily restraint which the applicant is seeking to exert unless a bank guarantee is furnished is manifestly unduly harsh and oppressive and goes against section 5 of the Constitution which guarantees the right to personal liberty and freedom. There is no evidence to show that the foreigner has been or should be deprived of the protection of such right to his personal liberty. Jeau Export Ltd v Felino (SA) and Bertrand (1993).

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