Section 60: Tenure of office of Ministers

60. Tenure of office of Ministers (1) Where a resolution of no confidence in the Government is passed by the Assembly and the Prime Minister does not within 3 days resign from his office, the President shall remove the Prime Minister from office unless, in pursuance of section 57 (1), Parliament has been or is to be dissolved in consequence of such resolution. (2) Where at any time between the holding of a general election and the first sitting of the Assembly thereafter the President, acting in his own deliberate judgment, considers that, in consequence of changes in the membership of the Assembly resulting from that general election, the Prime Minister will not be able to command the support of a majority of the members of the Assembly, the President may remove the Prime Minister from office: Provided that the President shall not remove the Prime Minister from office within the period of 10 days immediately following the date prescribed for polling at that general election unless he is satisfied that a party or party alliance in opposition to the Government and registered for the purposes of that general election under paragraph 2 of the First Schedule has at that general election gained a majority of all seats in the Assembly. [Issue 1] CON – 46 Revised Laws of Mauritius (3) The office of Prime Minister or any other Minister shall become vacant— (a) where he ceases to be a member of the Assembly otherwise than by reason of a dissolution of Parliament; or (b) where, at the first sitting of the Assembly after any general election, he is not a member of the Assembly: Provided that paragraph (b) shall not apply to the office of AttorneyGeneral where the holder thereof was not a member of the Assembly on the preceding dissolution of Parliament. (4) The office of a Minister (other than the Prime Minister) shall become vacant— (a) where the President, acting in accordance with the advice of the Prime Minister, so directs; (b) where the Prime Minister resigns from office within 3 days after the passage by the Assembly of a resolution of no confidence in the Government or is removed from office under subsection (1) or (2); or (c) upon the appointment of any person to the office of Prime Minister. (5) Where for any period the Prime Minister or any other Minister is unable by reason of section 36 (1) to perform his functions as a member of the Assembly, he shall not during that period perform any of his functions as Prime Minister or Minister, as the case may be. [S. 60 amended by Act 2 of 1982; Act 48 of 1991.]