Section 4: Proscribed organisations
consolidated text (as at 2018, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
4. Proscribed organisations
(1) Where any 2 or more persons associate for the purpose of, or where
an organisation engages in —
(a) participating, or collaborating, in an act of terrorism;
(b) promoting, encouraging or exhorting others to commit an act of
terrorism; or
(c) setting up or pursuing acts of terrorism,
the Judge in Chambers may, on an application made by the Commissioner,
declare the association or organisation to be a proscribed organisation.
(2) Any declaration made under subsection (1) shall be published in the
Gazette, in 2 daily newspapers and at such other places as the Judge in
Chambers shall determine.
(3) Any publication made under subsection (2) shall contain such relevant
particulars as the Judge in Chambers may specify.
(4) Any person who belongs, or professes to belong, to a proscribed organisation shall commit an offence.
(4A) Any person who receives training from, or in any manner participates in training with, a proscribed organisation shall commit an offence.
(5) It shall be a defence for a person charged under subsection (4) or (4A)
to prove that—
(a) the organisation had not been declared a proscribed organisation
at the time he—
(i) became, or began to profess to be, a member of the organisation; or
[Issue 9] P27 – 4
Revised Laws of Mauritius
(ii) received training from, or in any manner participated in training with, the organisation; or
(b) he had not taken part in the activities of the organisation at any
time after it had been declared to be a proscribed organisation.
(6) The Judge in Chambers may—
(a) upon application by the proscribed organisation or by any person
affected by a declaration made under subsection (1); and
(b) on being satisfied that a proscribed organisation has ceased to
engage in the acts specified in subsection (1) and that there is
no likelihood of the organisation engaging in such acts specified
in subsection (1) in the future,
cancel the declaration made under that subsection.
[S. 4 amended by s. 5 of Act 27 of 2016 w.e.f. 9 January 2017.]