Section 32: Speaker and Deputy Speaker

32. Speaker and Deputy Speaker (1) (a) The Assembly shall, at its first sitting after any general election, on motion supported by the votes of a majority of all the members of the Assembly elect— (i) from among its members or otherwise, a Speaker; (ii) from among its members, a Deputy Speaker. (b) A motion under paragraph (a) shall not be the subject matter of a debate in the Assembly. (2) A person who is a Minister shall not be qualified for election as Speaker or Deputy Speaker. (3) The office of the Speaker or the Deputy Speaker shall become vacant— (a) where— (i) the Speaker, in the case of a Speaker who is a member of the Assembly; or [Issue 1] CON – 30 Revised Laws of Mauritius (ii) the Deputy Speaker, ceases to be a member of the Assembly otherwise than by reason of the dissolution of the Assembly; (b) where he— (i) is convicted of a criminal offence punishable by imprisonment by a Court in any part of the Commonwealth; (ii) is adjudged or otherwise declared bankrupt in any part of the Commonwealth; or (iii) is adjudged to be of unsound mind or is detained as a criminal lunatic under any law in force in Mauritius; and the Assembly passes a resolution supported by the votes of a majority of all the members requiring his removal from office; (c) where he becomes a Minister; (d) where the Assembly passes a resolution supported by the votes of two thirds of all the members requiring his removal from office; (e) where the Assembly first sits after any general election; (f) in the case of the Deputy Speaker, when the Assembly first sits after being prorogued; (g) in the case of a Speaker who is not a member of the Assembly, where, without leave of the President previously being obtained, he is absent from the sittings of the Assembly for a continuous period of 3 months during any session for any reason other than his being in lawful custody in Mauritius; (h) where he becomes a party to any contract with the Government for or on account of the public service, or where any firm in which he is a partner or any company of which he is a director or manager becomes a party to any such contract, or where he becomes a partner in a firm or a director or manager of a company which is a party to any such contract, or where he becomes a trustee, manager or, with his consent, a beneficiary of a trust which is a party to any such contract. (4) Where the office of the Speaker or the Deputy Speaker becomes vacant at any time, the Assembly, in the manner specified in subsection (1), shall, unless it is sooner dissolved, elect— (a) from among its members or otherwise, a Speaker; (b) from among its members, a Deputy Speaker. (4A) No person shall be eligible for election as Speaker unless he is a citizen of Mauritius. (4B) A person elected as Speaker shall not, whilst in office— (a) hold any other office of emolument, whether under the Constitution or otherwise; CON – 31 [Issue 1] The Constitution (b) exercise any profession or calling. (5) A person holding the office of Speaker or Deputy Speaker may resign his office by writing under his hand addressed to the Assembly and the office shall become vacant when the writing is received by the Clerk to the Assembly. (6) No business shall be transacted in the Assembly (other than the election of a Speaker) at any time when the office of Speaker is vacant. (7) Where a motion is presented for the purposes of subsection (3) (b) or (d), the Speaker or the Deputy Speaker, as the case may be, shall not preside over fice of Speaker or Deputy Speaker may resign his office by writing under his hand addressed to the Assembly and the office shall become vacant when the writing is received by the Clerk to the Assembly. (6) No business shall be transacted in the Assembly (other than the election of a Speaker) at any time when the office of Speaker is vacant. (7) Where a motion is presented for the purposes of subsection (3) (b) or (d), the Speaker or the Deputy Speaker, as the case may be, shall not preside over the proceedings of the Assembly at that sitting. (8) (a) Notwithstanding any pending judicial proceedings by or against the Speaker or the Deputy Speaker or any thing contained in the Standing Orders of the Assembly, where a motion is presented to the Speaker by the Prime Minister for the purposes of subsection (3) (b) or (d), the motion shall— (i) be required to specify the ground for such removal; (ii) form part of the business of the Assembly when it first sits after presentation of the motion; (iii) have priority over all other business of the Assembly; (iv) be the subject matter of a debate in the Assembly; (v) be put to the vote of members at that sitting. (b) Where a motion presented by the Prime Minister for the purposes of subsection (3) (b) or (d) does not form part of the business of the Assembly as provided under paragraph (a) (ii), the Prime Minister may, before the commencement of the business at the sitting, table the text of the motion in the Assembly, and the motion shall thereupon be dealt with in accordance with this subsection. [S. 32 amended by Act 2 of 1982; Act 36 of 1990; Act 1 of 1996.]