Section 322: Sugar Insurance Fund Amendment Act 1988—Until July 1988 the

322. Sugar Insurance Fund Amendment Act 1988—Until July 1988 the law required metayers to contribute to an annual insurance premium. The 1988 amendment to the Sugar Insurance Fund Act made retroactive provision for the sharing of payment of the metayer’s contribution to the general insurance premium between metayer and metayer’s landlord. The plaintiffs, the metayers’ landlords brought proceedings against the Government of Mauritius to challenge the retroactivity of the amendment under the Constitution. The issue was whether the metayers should be joined in these proceedings. HELD it would be a costly procedural impediment and would undermine the effectiveness of redress under the Constitution to require all persons who could be adversely affected by the Court’s decision to be made defendants in an action. The parties most directly involved and those who can assist the Court in resolving the issues are before the Court. The State could bring the metayers as witnesses if it thought necessary. Philippe Ltd v Government of Mauritius (1990).