Section 12A: Extension of life of Municipal City Council and Municipal
This section is inserted by Act No 5 of 2021, section 6.
consolidated text (as at 2017, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
12A. Extension of life of Municipal City Council and Municipal
Town Councils, and Village Councils
(1) At any time when –
(a) there is, or there is likely to be, an epidemic of a
communicable disease in Mauritius; and
(b) a quarantine period is in force in Mauritius,
the President, acting in accordance with the advice of the Prime
Minister, shall, by Proclamation, extend, from time to time, the life
of 6 years of the entire Municipal City Council and Municipal Town
Councils, or entire Village Councils, by not more than one year at a
time, provided that the life of the Councils shall not be extended for
more than 2 years.
(2) Where, pursuant to subsection (1), the life of 6 years of
the entire Municipal City Council and Municipal Town Councils, or
entire Village Councils, is extended –
(a) every member of the Councils, including a
District Councillor, other than the Lord Mayor
and Deputy Lord Mayor, Mayors and Deputy
Mayors, and Chairpersons and Vice-chairpersons
of District Councils and Village Councils, shall
continue to serve as such until the day preceding
nomination day at the next general election of
the entire Municipal City Council and Municipal
Town Councils, and the entire Village Councils,
as the case may be;
(b) the Lord Mayor and Deputy Lord Mayor,
Mayors and Deputy Mayors, and Chairpersons
and Vice- chairpersons of District Councils and
Village Councils, shall continue to serve as such
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until their successors are elected after the next
general election of the entire Municipal City
Council and Municipal Town Councils, and the
entire Village Councils, as the case may be; and
(c) every member of an Executive Committee of a
Municipal City Council, Municipal Town Council
and District Council shall continue to serve as
such until the day preceding nomination day at
the next general election of the entire Municipal
City Council and Municipal Town Councils, and
the entire Village Councils, as the case may be.
(3) (a) Where, subsequent to subsection (2)(a), a vacancy
occurs in the office of a Councillor, other than in the office of a
District Councillor, the vacant seat shall be filled in accordance with
section 42.
(b) Where a vacant seat is filled pursuant to
paragraph (a), that person shall hold office until the day preceding
nomination day at the next general election of the entire Municipal
City Council and Municipal Town Councils, and the entire Village
Councils, as the case may be.
(4) (a) Where, subsequent to subsection (2)(a), a vacancy
occurs in the office of a District Councillor, an election to fill the
vacancy shall be held within 15 days of the occurrence of the
vacancy by the Village Council concerned and conducted in the
manner provided in section 13.
(b) A District Councillor elected pursuant to
paragraph (a) shall hold office until the day preceding nomination
day at the next general election of the entire Village Councils.
(5) (a) Where a vacancy occurs in the office of the
Lord Mayor and Deputy Lord Mayor, Mayors and Deputy Mayors,
and Chairpersons and Vice-chairpersons of District Councils and
Village Councils, an election to fill the vacancy shall be held within
15 days of the occurrence of the vacancy and conducted in the
manner provided in section 34.
24 Acts 2021
(b) A Lord Mayor, Deputy Lord Mayor, Mayor,
Deputy Mayor, Chairperson or Vice-chairperson elected pursuant to
paragraph (a) shall hold office until his successor is elected after the next
general election of the entire Municipal City Cou
rs and Deputy Mayors,
and Chairpersons and Vice-chairpersons of District Councils and
Village Councils, an election to fill the vacancy shall be held within
15 days of the occurrence of the vacancy and conducted in the
manner provided in section 34.
24 Acts 2021
(b) A Lord Mayor, Deputy Lord Mayor, Mayor,
Deputy Mayor, Chairperson or Vice-chairperson elected pursuant to
paragraph (a) shall hold office until his successor is elected after the next
general election of the entire Municipal City Council and Municipal
Town Councils, or entire Village Councils, as the case may be.
(6) In this section –
“communicable disease” has the same meaning as in
the Quarantine Act 2020;
“quarantine period” has the same meaning as in the
Quarantine Act 2020.
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Questions this section answers
- Can a Municipal or Village Council's term be extended because of an epidemic?
- For how long in total can a Council's life be extended during an epidemic?
- If a Council's term is extended, do the sitting councillors keep serving?