Section 73:

73. Work permit – Spouses of Mauritian citizens – Differentiation – Employment (Non-citizens) (Restriction) Exemptions Regulations 1970—The plaintiffs alleged that the Employment (Non-citizens) (Restriction) Exemptions Regulations 1970 were discriminatory by reason of sex and breached the Constitution. The Regulations exempted the wife of a Mauritian citizen from obtaining a work permit before undertaking paid employment, but did not similarly provide for the husband of a Mauritian citizen. HELD the differentiation in the Employment (Non-citizens) (Restriction) Exemptions Regulations 1970 is not a discrimination based on sex which flouts the fundamental rights of the citizen to protection of the law under section 3 of the Constitution. The differentiation is made not because a Mauritian woman enjoys fewer rights under the law, but because her husband is a foreign national who has not been granted privileges given to a foreign female spouse of a Mauritian citizen. Guyot v Government of Mauritius (1991).