Section 321:
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.
321. Legal Aid Act – Constitution sections 10, 17, 81 and 111 – International Covenant on Civil and Political Rights article 14.3 (d)—The plaintiffs
were convicted of drug trafficking. Appeals were dismissed by the Court of
Criminal Appeal and the plaintiffs applied for leave to appeal as of right to
the Privy Council. The plaintiffs however did not have the means to pursue
the appeal and sought constitutional redress under section 17 of the Constitution. The plaintiffs contended that failure by the Legal Aid Act to provide
for appeals to the Privy Council was a breach of section 10 (2) (d) of the
Constitution and article 14.3 (d) of the International Covenant on Civil and
Political Rights.
HELD there is no breach of section 10 (2) (d). There may be a breach of
article 14.3 (d) of the Covenant but the Supreme Court has no jurisdiction in
an application for redress under section 17 of the Constitution to penalise
the State for alleged breaches of the Covenant. The plaintiffs must rely on
section 83 of the Constitution. They should have proceeded by way of a petition to a Judge in Chambers within 6 months from the omission complained
of. Gulam Rasool v Government of Mauritius (1989).