Section 28: The President

28. The President (1) There shall be a President who shall— (a) be the Head of State and Commander-in-Chief of the Republic of Mauritius; (b) uphold and defend the Constitution and ensure that— (i) the institutions of democracy and the rule of law are protected; (ii) the fundamental rights of all are respected; and (iii) the unity of the diverse Mauritian nation is maintained and strengthened. (1A) Subject to section 64, the President shall, in the exercise of his functions under this Constitution or any other law, act in accordance with the principles set out in subsection (1) (b). (2) (a) The President shall— (i) be elected by the Assembly on a motion made by the Prime Minister and supported by the votes of a majority of all the members of the Assembly; and (ii) subject to this section and section 30, hold office for a term of 5 years and shall be eligible for re-election. (b) A motion under paragraph (a) shall not be the subject matter of a debate in the Assembly. (3) No person shall be eligible for election to the office of President unless he is a citizen of Mauritius who is not less than 40 years of age and has resided in Mauritius for a period of not less than 5 years immediately preceding the election. (4) Where a person is elected to the office of President, he shall not, whilst in office— (a) hold any other office of emolument, whether under the Constitution or otherwise; [Issue 1] CON – 26 Revised Laws of Mauritius (b) exercise any profession or calling or engage in any trade or business. (5) The President shall, at the expiry of his term, continue to hold office until another person assumes office as President. (6) The office of the President shall become vacant— (a) subject to subsection (5), at the expiry of his term of office; (b) where he dies or resigns his office by writing addressed to the Assembly and delivered to the Speaker; or (c) where he is removed or suspended from office under section 30. (7) Where the office of President is vacant or the President is absent from Mauritius or is for any other reason unable to perform the functions of his office, those functions shall be performed— (a) by the Vice-President; or (b) where there is no Vice-President— (i) elected under section 29 (2) or (7); and (ii) able to perform the functions of the office of President, by the Chief Justice. (8) The person performing the functions of President under subsection (7) shall cease to perform those functions as soon as— (a) another person is elected as President or the President resumes his office, as the case may be; or (b) in the case of the Chief Justice, a Vice-President is elected under section 29 (2) or (7) and assumes office or the Vice-President resumes his office, as the case may be. [S. 28 amended by Act 48 of 1991; s. 2 of Act 28 of 2003 w.e.f. 15 September 2003.]