Section 27: Saving
consolidated text (as at 1991). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
27. Saving
(1) Nothing in this Act shall apply to proceedings by or against, or authorise
proceedings in tort to be brought against, the President in his private capacity.
(2) Except as expressly provided, nothing in this Act shall—
(a) affect the law relating to prize salvage, or apply to proceedings
in causes or matters within the jurisdiction of the Supreme Court
as a prize Court or to any criminal proceedings;
(b) authorise proceedings to be taken against the State under this Act
in respect of any alleged liability of the State arising otherwise
than in respect of the Government of Mauritius, or affect proceedings against the State in respect of any such alleged liability;
(c) affect any proceedings by the State otherwise than in respect of
the Government of Mauritius;
(d) subject the State to any greater liabilities in respect of the acts
or omissions of an independent contractor employed by the
State than those to which the State would be subject in respect
of such acts or omissions if it were a private person;
(e) affect a rule of evidence or a presumption relating to the extent
to which the State is bound by an enactment; or
(f) affect a right of the State to control or otherwise intervene in
proceedings affecting its rights, property or profits,
and, without prejudice to paragraphs (a) to (f), Part III shall not apply to the
State except in respect of the Government of Mauritius.
(3) A certificate of the Government to the effect that any alleged liability
of the State arises otherwise than in respect of the Government of Mauritius
shall, for the purposes of this Act, be conclusive as to the matter so certified.
(4) (a) Where a property vests in the State by virtue of a rule of law
which operates independently of the acts or the intentions of the State, the
State shall not, by virtue of this Act, be subject to any liability in tort by reason only of the property being so vested.
(b) This subsection shall be without prejudice to the liability of the
State under this Act in respect of any period after the State or a person acting for the State has in fact taken possession or control of any such property, or entered into occupation.
(5) This Act shall not limit the discretion of the Court to grant relief by
way of mandamus in cases in which such relief might have been granted before 15 October 1954.
[S. 27 amended by Act 48 of 1991.]
[Issue 1] S36 – 14