Section 30: Removal of President and Vice-President

30. Removal of President and Vice-President (1) The President or the Vice-President may be removed from office in accordance with this section for— (a) violation of the Constitution or any other serious act of misconduct; (b) inability to perform his functions whether arising from infirmity of mind or body or from any other cause. (2) Where the President fails to comply with section 46 (2), he may be removed from office on a motion made by the Prime Minister in the Assembly and supported by the votes of a majority of all the members of the Assembly. (3) The President or the Vice-President shall not be removed from office for any other cause unless— (a) a motion that the circumstances requiring the removal of the President or the Vice-President be investigated by a tribunal is made in the Assembly by the Prime Minister; (b) the motion states with full particulars the ground on which the removal of the President or the Vice-President is sought; (c) the motion is supported by the votes of not less than two thirds of all the members of the Assembly; [Issue 1] CON – 28 Revised Laws of Mauritius (d) the tribunal, after its investigation, forwards a written report on the investigation addressed to the Assembly and delivered to the Speaker and recommends the removal of the President or the Vice-President; and (e) subject to paragraph (f), a motion made by the Prime Minister and supported by the votes of a majority of all the members of the Assembly requires the removal of the President or the VicePresident on a recommendation to that effect by the tribunal; (f) a motion under paragraph (e) is made— (i) where the Assembly is sitting, within 20 days of the receipt of the report of the tribunal by the Speaker; (ii) where the Assembly is not sitting, within 20 days of the day on which the Assembly resumes its sitting. (4) The President or the Vice-President shall have the right to appear and to be represented before the tribunal during its investigation. (5) Where the Assembly supports a motion under subsection (3) (c), it may suspend the President or the Vice-President from performing the functions of his office. (6) A suspension under subsection (5) shall cease to have effect where— (a) a report under subsection (3) (d) does not recommend that the President or the Vice-President ought to be removed from office; or (b) the Assembly does not support a motion under subsection (3) (e) requiring the removal of the President or the Vice-President. (7) Where the Assembly supports a motion under subsection (3) (e) requiring the removal of the President or the Vice-President, the office of the President or the Vice- President, as the case may be, shall become vacant. (8) In this section, “tribunal” means a tribunal consisting of a Chairperson and 2 or 4 other members appointed by the Chief Justice from amongst persons who hold or have held office as a Judge of a Court having unlimited jurisdiction in civil or criminal matters in some part of the Commonwealth or a Court having jurisdiction in appeals from such a Court. [S. 29 amended by Act 48 of 1991.]