Section 5: Allocation of 8 additional seats

5. Allocation of 8 additional seats (1) In order to ensure a fair and adequate representation of each community, there shall be 8 seats in the Assembly, additional to the 62 seats for members representing constituencies, which shall so far as is possible be allocated to persons belonging to parties who have stood as candidates for election as members at the general election but have not been returned as members to represent constituencies. (2) As soon as is practicable after all the returns have been made of persons elected at any general election as members to represent constituencies, the 8 additional seats shall be allocated in accordance with the following provisions of this paragraph by the Electoral Supervisory Commission which shall so far as is possible make a separate determination in respect of each seat to ascertain the appropriate unreturned candidate (if any) to fill that seat. CON – 87 [Issue 1] The Constitution (3) The first 4 of the 8 seats shall so far as is possible each be allocated to the most successful unreturned candidate, if any, who is a member of a party and who belongs to the appropriate community, regardless of which party he belongs to. (4) When the first 4 seats (or as many as possible of those seats) have been allocated, the number of such seats that have been allocated to persons who belong to parties, other than the most successful party, shall be ascertained and so far as is possible that number of seats out of the second 4 seats shall one by one be allocated to the most successful unreturned candidates (if any) belonging both to the most successful party and to the appropriate community or where there is no unreturned candidate of the appropriate community, to the most successful unreturned candidates belonging to the most successful party, irrespective of community. (5) In the event that any of the 8 seats remains unfilled, then the following procedure shall so far as is possible be followed until all (or as many as possible) of the 8 seats are filled, that is to say, one seat shall be allocated to the most successful unreturned candidate (if any) belonging both to the most successful of the parties that have not received any of the 8 seats and to the appropriate community, the next seat (if any) shall be allocated to the most successful unreturned candidate (if any) belonging both to the second most successful of those parties and to the appropriate community, and so on as respects any remaining seats and any remaining parties that have not received any of the 8 seats. (6) In the event that any of the 8 seats still remains unfilled, then the following procedure shall so far as is possible be followed (and, if necessary, repeated) until all (or as many as possible) of the 8 seats are filled, that is to say, one seat shall be allocated to the most successful unreturned candidate (if any) belonging both to the second most successful party and to the appropriate community, the next seat (if any) shall be allocated to the most successful unreturned candidate (if any) belonging both to the third most successful party (if any) and to the appropriate community, and so on as respects any remaining seats and parties. (7) Where at any time before the next dissolution of Parliament one of the 8 seats falls vacant, the seat shall as soon as is reasonably practicable after the occurrence of the vacancy be allocated by the Electoral Supervisory Commission to the most successful unreturned candidate (if any) availab to the most successful unreturned candidate (if any) belonging both to the third most successful party (if any) and to the appropriate community, and so on as respects any remaining seats and parties. (7) Where at any time before the next dissolution of Parliament one of the 8 seats falls vacant, the seat shall as soon as is reasonably practicable after the occurrence of the vacancy be allocated by the Electoral Supervisory Commission to the most successful unreturned candidate (if any) available who belongs to the appropriate community and to the party to whom the person to whom the seat was allocated at the last general election belonged: Provided that, where no candidate of the appropriate community who belongs to that party is available, the seat shall be allocated to the most successful unreturned candidate available who belongs to the appropriate community and who belongs to such other party as is designated by the leader of the party with no available candidate. (8) The appropriate community means, in relation to the allocation of any of the 8 seats, the community that has an unreturned candidate available (being a person of the appropriate party, where the seat is one of the second 4 seats) and that would have the highest number of persons (as determined by reference to the results of the published 1972 official census of the whole population of Mauritius) in relation to the number of seats in the Assembly held immediately before [Issue 1] CON – 88 Revised Laws of Mauritius the allocation of the seat by persons belonging to that community (whether as members elected to represent constituencies or otherwise), where the seat was also held by a person belonging to that community: Provided that, if, in relation to the allocation of any seat, 2 or more communities have the same number of persons as aforesaid preference shall be given to the community with an unreturned candidate who was more successful than the unreturned candidates of the other community or communities (that candidate and those other candidates being persons of the appropriate party, where the seat is one of the second 4 seats). (9) The degree of success of a party shall, for the purposes of allocating any of the 8 seats at any general election of members of the Assembly, be assessed by reference to the number of candidates belonging to that party returned as members to represent constituencies at that election as compared with the respective numbers of candidates of other parties so returned, no account being taken of a party that had no candidates so returned or of any change in the membership of the Assembly occurring because the seat of a member so returned becomes vacant for any cause, and the degree of success of an unreturned candidate of a particular community (or of a particular party and community) at any general election shall be assessed by comparing the percentage of all the valid votes cast in the constituency in which he stood for election secured by him at that election with the percentages of all the valid votes cast in the respective constituencies in which they stood for election so secured by other unreturned candidates of that particular community (or as the case may be, of that particular party and that particular community), no account being taken of the percentage of votes secured by any unreturned candidate who has already been allocated one of the 8 seats at that election or by any unreturned candidate who is not a member of a party: Provi at election with the percentages of all the valid votes cast in the respective constituencies in which they stood for election so secured by other unreturned candidates of that particular community (or as the case may be, of that particular party and that particular community), no account being taken of the percentage of votes secured by any unreturned candidate who has already been allocated one of the 8 seats at that election or by any unreturned candidate who is not a member of a party: Provided that if, in relation to the allocation of any seat, any 2 or more parties have the same number of candidates returned as members elected to represent constituencies, preference shall be given to the party with an appropriate unreturned candidate who was more successful than the appropriate unreturned candidate or candidates of the other party or parties. (10) Any number required for the purpose of subparagraph (8) or any percentage required for the purposes of subparagraph (9) shall be calculated to not more than 3 places of decimals where it cannot be expressed as a whole number. [Para. 5 amended by Act 2 of 1982; Act 36 of 1982; Act 48 of 1991.] 6. — SECOND SCHEDULE [Section 86] Solicitor-General Parliamentary Counsel Judge in Bankruptcy and Master and Registrar (including Deputy Master and Registrar and Judge in Bankruptcy) Assistant Solicitor-General CON – 89 [Issue 1] The Constitution Principal State Counsel (including Senior State Counsel and State Counsel) Senior State Counsel Magistrate (including the Presiding Magistrate or a Magistrate of the Intermediate Court or of the Industrial Court or a Senior District Magistrate) Principal State Attorney (including Senior State Attorney, State Attorney and Assistant State Attorney) [Second Sch. amended by Act 48 of 1991; GN 139 of 1992.] THIRD SCHEDULE [Sections 21 (1), 24, 30B, 55, 67 and 79] OATH OF PRESIDENT I, .........................................., do swear (or solemnly affirm) that I will faithfully execute the office of President and will, to the best of my ability without favour or prejudice, defend the Constitution, and the institutions of democracy and the rule of law, ensure that the fundamental rights are protected and the unity of the diverse Mauritian nation maintained and strengthened. OATH OF VICE-PRESIDENT I, .........................................., do swear (or solemnly affirm) that I will bear true faith and allegiance to the Constitution and the law and that I will faithfully discharge the duty upon which I am about to enter. OATH OF ALLEGIANCE I, ........................................, do swear (or solemnly affirm) that I will be faithful and bear true allegiance to Mauritius according to law. (So help me God.) OATH FOR THE DUE EXECUTION OF THE OFFICE OF THE PRIME MINISTER OR OTHER MINISTER OR JUNIOR MINISTER I, .............................................., being appointed Prime Minister/Minister/Junior Minister, do swear (or solemnly affirm) that I will to the best of my judgment, at all times when so required, freely give my Counsel and advice to the President (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Mauritius, and I do further swear (or solemnly affirm) that I will not on any account, at any time whatsoever, disclose the Counsel, advice, opinion or vote of any particular Minister or Junior Minister and that I will not, except with the authority of the Cabinet an y judgment, at all times when so required, freely give my Counsel and advice to the President (or any other person for the time being lawfully performing the functions of that office) for the good management of the public affairs of Mauritius, and I do further swear (or solemnly affirm) that I will not on any account, at any time whatsoever, disclose the Counsel, advice, opinion or vote of any particular Minister or Junior Minister and that I will not, except with the authority of the Cabinet and to such extent as may be required for the good management of the affairs of Mauritius, directly or indirectly reveal the business or proceedings of the Prime Minister/Minister/Junior Minister or any matter coming to my knowledge in my capacity as such and that in all things I will be a true and faithful Prime Minister/Minister/Junior Minister. (So help me God.) [Issue 1] CON – 90 Revised Laws of Mauritius THIRD SCHEDULE—continued JUDICIAL OATH I, ..........................., do swear (or solemnly affirm) that I will well and truly serve Mauritius and the Constitution in the office of Chief Justice/Judge of the Supreme Court and I will do right to all manner of people after the laws and usages of Mauritius without fear or favour, affection or ill will. (So help me God.) [Third Sch. amended by Act 3 of 1996; s. 6 of Act 28 of 2003 w.e.f. 15 September 2003.] FOURTH SCHEDULE [Fourth Sch. repealed by Act 31 of 2000.] CON – 91 [Issue 1] The Constitution PART II LAWS RELATED TO THE CONSTITUTION A. ENACTED IN UNITED KINGDOM B. ENACTED IN MAURITIUS A – ENACTED IN UNITED KINGDOM MAURITIUS (APPEALS TO PRIVY COUNCIL) ORDER1 GN 59 OF 1968 – 12 March 1968