Section 36: The Tribunal

36. The Tribunal (1) There is set up, for the purposes of this Act, the Information and Communication Technologies Appeal Tribunal. (2) The Tribunal shall consist of – (a) a Chairperson; (b) a Vice-chairperson; and (c) not more than 4 other members, to be appointed by the Minister after consultation with the Prime Minister. 494 Acts 2024 (3) (a) The Chairperson and Vice-Chairperson shall be appointed by the President acting in accordance with the advice of the Prime Minister, tendered after the Prime Minister has consulted the Leader of the Opposition. (b) The Chairperson and Vice-chairperson shall be a person who – (i) has served as a Judge of the Supreme Court; (ii) has served as a Magistrate in Mauritius for a period of not less than 10 years; or (iii) has, for an aggregate period of not less than 10 years, served as a Magistrate in Mauritius and has either been a practising barrister or a law officer, or both as a practicing barrister and a law officer. (4) The Chairperson, Vice-chairperson and members shall be appointed on such terms and conditions as the Prime Minister may determine. (5) The Chairperson, Vice-chairperson and members may be appointed on a full-time or part-time basis. (6) Every member, other than the Chairperson and Vice-chairperson, shall hold office for a period of 3 years and may be eligible for reappointment. (7) The Chairperson, Vice-chairperson and every member shall, on assumption of duty, take the oath as set out in the Fifth Schedule. Acts 2024 495 (8) Where the Minister is of opinion that the state of business at the Tribunal requires that the number of members should be temporarily increased, he may, after consultation with the Prime Minister, request the appointment of such members on an ad hoc basis for such period as he considers necessary to serve on the Tribunal. (9) At any sitting of the Tribunal, at least 3 members shall constitute a quorum. (e) in section 45B, by inserting, after subsection (4), the following new subsection – (4A) Where an application made under subsection (4) is rejected, the person who is in possession of a phone, a router or any other device that may be connected to a GMPCS system shall surrender it to the Commissioner of Police for disposal. (f) in section 48, in subsection (2), by inserting, after paragraph (ca), the following new paragraphs – (cb) for economic and technical monitoring of licensees in the information and communication industry in accordance with recognised international standard practices, protocols and having regard to the convergence of technology; (cc) for the establishment and monitoring of the filing of reports, including financial, costing and other related reports, by licensees on the provision of information and communication services, including telecommunication services, in conformity with such guidelines, directives and determinations as the Authority may issue or review from time to time; 496 Acts 2024 (cd) for the safety and quality of every information and communication services, including telecommunication services, and, for that purpose, determine technical standards for telecommunication network, the connection of customer equipment to telecommunication networks;