Конституция маврикий

THE CONSTITUTION

ARRANGEMENT OF SECTIONS

CHAPTER I - THE STATE AND THE CONSTITUTION

1. The State

2. Constitution is supreme law

CHAPTER II - PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE

INDIVIDUAL

3. Fundamental rights and freedoms of the individual

4. Protection of right to life

5 Protection of right to personal liberty

6 Protection from slavery and forced labour

7 Protection from inhuman treatment

8 Protection from deprivation of property

9 Protection for privacy of home and other property

10 Provisions to secure protection of law

11 Protection of freedom of conscience

12 Protection of freedom of expression

13 Protection of freedom of assembly and association

14 Protection of freedom to establish schools

15 Protection of freedom of movement

16 Protection from discrimination

17 Enforcement of protective provisions

17A Payment or retiring allowances to Members

18 Derogations from fundamental rights and freedoms under emergency powers

19 Interpretation and savings

CHAPTER III – CITIZENSHIP

20 Persons who became citizens on 12 March 1968

21 Persons entitled to be registered as citizens

22 Persons born in Mauritius after 11 March 1968

23 Persons born outside Mauritius after 11 March 1968

24 Marriage to a citizen of Mauritius

25 Commonwealth citizens

26 Powers of Parliament

27 Interpretation

CHAPTER IV – THE PRESIDENT AND THE VICE-PRESIDENT OF THE REPUBLIC OF

MAURITIUS

28 The President

29 The Vice-President

30 Removal of the President and the Vice-President

30A Privileges and immunities

30B Oaths to be taken by the President and the Vice-President

CHAPTER V - PARLIAMENT

PART I - THE NATIONAL ASSEMBLY

31 Parliament of Mauritius

32 Speaker and Deputy Speaker

33 Qualifications for membership

34 Disqualifications for membership

35 Tenure of office of members

36 Vacation of seat on sentence

36A Validity of previous elections

37 Determination of questions as to membership

38 Electoral Commissions

39 Constituencies

40 Electoral Commissioner

41 Functions of Electoral Supervisory Commission and Electoral Commissioner

42 Qualifications of electors

43 Disqualifications of electors

44 Right to vote at elections

PART II - LEGISLATION AND PROCEDURE IN NATIONAL ASSEMBLY

45 Power to make laws

46 Mode of exercise of legislative power

47 Alteration of Constitution

48 Regulation of procedure in National Assembly

49 Official language

50 Presiding in National Assembly

51 National Assembly may transact business notwithstanding vacancies

52 Quorum

53 Voting

54 Bills, motions and petitions

55 Oath of allegiance

56 Sessions

57 Prorogation and dissolution of Parliament

CHAPTER VI - THE EXECUTIVE

58 Executive authority of Mauritius

59 Ministers

60 Tenure of office of Ministers

61 The Cabinet

62 Assignment of responsibilities to Ministers

63 Performance of functions of Prime Minister during absence or illness

64 Exercise of President's functions

65 President to be kept informed

66 Junior Ministers

67 Oaths to be taken by Ministers and Junior Ministers

68 Direction of government departments

69 Attorney-General

70 Secretary to the Cabinet

71 Commissioner of Police

72 Director of Public Prosecutions

73 Leader of Opposition

73A Repealed

74 Constitution of offices

75 Prerogative of mercy

CHAPTER VIA – Added by [Act No. 32 of 2001)

75A The Rodrigues Regional Assembly

75B Powers of the Regional Assembly

75C Executive Council

75D Rodrigues Capital and Consolidated Funds

75E Alteration of certain written laws

CHAPTER VII – THE JUDICATURE

76 Supreme Court

77 Appointment of Judges of Supreme Court

78 Tenure of office of Judges of Supreme Court

79 Oaths to be taken by Judges

80 Courts of Appeal

81 Appeals to the Judicial Committee

82 Supreme Court and subordinate courts

83 Original jurisdiction of Supreme Court in constitutional questions

84 Reference of constitutional questions to Supreme Court

CHAPTER VIII - SERVICE COMMISSIONS AND THE PUBLIC SERVICE

85 Judicial and Legal Service Commission

86 Appointment of judicial and legal officers

87 Appointment of principal representatives of Mauritius abroad

88 Public Service Commission

89 Appointment of public officers

90 Disciplined Forces Service Commission

91 Appointment in the Disciplined Forces

91A. Public Bodies Appeal Tribunal – Added by [Act No. 9 of 2008]

92 Tenure of office of members of Commissions and the Ombudsman

93 Removal of certain officers

94 Pension laws and protection of pension rights

95 Power of Commissions in relation to pensions

CHAPTER IX - THE OMBUDSMAN

96 Office of the Ombudsman

97 Investigations by Ombudsman

98 Procedure in respect of investigations

99 Disclosure of information

100 Proceedings after investigation

101 Discharge of functions of Ombudsman

102 Supplementary and ancillary provision

102A -

CHAPTER X - FINANCE

103 Consolidated Fund

104 Withdrawals from Consolidated Fund or other public funds

105 Authorisation of expenditure

106 Authorisation of expenditure in advance of appropriation

107 Contingencies Fund

108 Remuneration of certain officers

109 Public debt

110 Director of Audit

CHAPTER XI - MISCELLANEOUS

111 Interpretation

112 References to public office

113 Appointment to certain offices

114 Acting appointments

115 Reappointments and concurrent appointments

116 Removal from office

117 Resignations

118 Performance of functions of Commissions and tribunals

119 Saving for jurisdiction of courts

120 Power to amend and revoke instruments

121 Consultation

122 Parliamentary control over certain subordinate legislation

First Schedule

Second Schedule

Third Schedule

Fourth Schedule- Repealed

THE CONSTITUTION 1968

CHAPTER I - THE STATE AND THE CONSTITUTION

1. The State

Mauritius shall be a sovereign democratic State which shall be known as the Republic of

Mauritius.

Amended by [Act No. 48 of 1991]

2. Constitution is supreme law

This Constitution is the supreme law of Mauritius, and if any other law is inconsistent with

this Constitution, that other law shall, to the extent of the inconsistency, be void.

CHAPTER II - PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE

INDIVIDUAL

3. Fundamental rights and freedoms of the individual

It is hereby recognised and declared that in Mauritius there have existed and shall continue

to exist without discrimination by reason of race, place of origin, political opinions, colour,

creed or sex, but subject to respect for the rights and freedoms of others and for the public

interest, each and all of the following human rights and fundamental freedoms -

(a) the right of the individual to life, liberty, security of the person and the protection of

the law;

(b) freedom of conscience, of expression, of assembly and association and freedom to

establish schools, and

(c) the right of the individual to protection for the privacy of his home and other property

and from deprivation of property without compensation,

and the provisions of this Chapter shall have effect for the purpose of affording

protection to those rights and freedoms subject to such limitations of that protection

as are contained in those provisions, being limitations designed to ensure that the

enjoyment of those rights and freedoms by any individual does not prejudice the

rights and freedoms of others or the public interest.

4. Protection of right to life

(1) No person shall be deprived of his life intentionally save in

execution of the sentence of a court in respect of a criminal offence of which he has

been convicted.

(2) A person shall, not be regarded as having been deprived of his life in

contravention of this section, if he dies as the result of the use, to such extent and in

such circumstances as are permitted by law, of such force as is reasonably justifiable

-

(a) for the defence of any person from violence or for the defence of property;

(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully

detained;

(c) for the purpose of suppressing a riot, insurrection or mutiny; or

(d) in order to prevent the commission by that person of a criminal offence, or if

he dies as the result of a lawful act of war.

5. Protection of right to personal liberty

(1) No person shall be deprived of his personal liberty save as may be

authorised by law -

(a) in consequence of his unfitness to plead to a criminal charge or in execution

of the sentence or order of a court, whether in Mauritius or elsewhere, in

respect of a criminal offence of which he has been convicted;

(b) in execution of the order of a court punishing him for contempt of that court

or of another court;

(c) in execution of the order of a court made to secure the fulfillment of any

obligation imposed on him by law;

(d) for the purpose of bringing him before a court in execution of the order of a

court;

(e) upon reasonable suspicion of his having committed, or being about to

commit, a criminal offence;

(f) in the case of a person who has not attained the age of 18 years, for the purpose

of his education or welfare;

(g) for the purpose of preventing the spread of an infectious or contagious

disease;

(h) in the case of a person who is, or is reasonably suspected to be, of unsound

mind or addicted to drugs or alcohol, for the purpose of his care or treatment

or the protection of the community;

(i) for the purpose of preventing the unlawful entry of that person into Mauritius,

or for the purpose of effecting the expulsion, extradition, or other lawful

removal of that person from Mauritius or the taking of proceedings relating

thereto;

(j) upon reasonable suspicion of his being likely to commit breaches of the

peace; or

(k) in execution of the order of the Commissioner of Police, upon reasonable

suspicion of his having engaged in, or being about to engage in, activities

likely to cause a serious threat to public safety or public order.

(2) Any person who is arrested or detained shall be informed as soon as

reasonably practicable, in a language that he understands, of the reasons for his

arrest or detention.

(3) Any person who is arrested or detained -

(a) for the purpose of bringing him before a court in execution of the order of a

court;

(b) upon reasonable suspicion of his having committed, or being about to

commit a criminal offence; or

(c) upon reasonable suspicion of his being likely to commit breaches of the

peace,

and who is not released, shall be afforded reasonable facilities to consult a legal

representative of his own choice and shall be brought without undue delay before a

court; and if any person arrested or detained as mentioned in paragraph (b) is not

tried within a reasonable time, then, without prejudice to any further proceedings

that may be brought against him, he shall be released either unconditionally or

upon reasonable conditions, including, in particular, such conditions as are

reasonably necessary to ensure that he appears at a later date for trial or for

proceedings preliminary to trial; and if any person arrested or detained as

mentioned in paragraph (c) is not brought before a court within a reasonable time in

order that the court may decide whether to order him to give security for his good

behaviour, then, without prejudice to any further proceedings that may be brought

against him, he shall be released unconditionally.

(3A)(a) Notwithstanding subsection (3), where a person is arrested or detained for an

offence related to terrorism or a drug offence, he shall not, in relation to such

offences related to terrorism, or drug offences, as may be prescribed by an Act

of Parliament, be admitted to bail until the final determination of the proceedings

brought against him, where -

(i) he has already been convicted of an offence related to terrorism or a

drug offence; or

(ii) he is arrested or detained for an offence related to terrorism or a

drug offence during the period that he has been released on bail

after he has been charged with having committed an offence related

to terrorism or a drug offence.

(b) A Bill for an Act of Parliament to prescribe the offences related to terrorism or drug

offences under paragraph (a) or to amend or repeal such an Act shall not be

passed by the Assembly unless it is supported at the final voting in the

Assembly by the votes of not less than three quarters of all the members of the

Assembly.

Amended by [Act No. 26 of 1994]; [Act No. 4 of 2002]

(4) Where a person is detained in pursuance of any such provision of law as is referred

to in subsection (1)(k) -

(a) he shall, as soon as is reasonably practicable and, in any case not more

than 7 days after the commencement of his detention, be furnished with a

statement in writing in a language that he understands specifying in detail

the grounds upon which he is detained;

(b) not more than 7 days after the commencement of his detention, a

notification shall be published in the Gazette stating that he has been

detained and giving particulars of the provision of law under which his

detention is authorised;

(c) not more than 14 days after the commencement of his detention and

thereafter during his detention at intervals of not more than 30 days, his

case shall be reviewed by an independent and impartial tribunal consisting

of a chairman and 2 other members appointed by the Judicial and Legal

Service Commission, the chairman being appointed from among persons

who are entitled to practise as a barrister or as an attorney in Mauritius;

(d) he shall be afforded reasonable facilities to consult a legal representative of

his own choice who shall be permitted to make representations to the

tribunal appointed for the review of his case;

(e) at the hearing of his case by the tribunal, he shall be permitted to appear in

person or by a legal representative of his own choice and, unless the

tribunal otherwise directs, the hearing shall be held in public;

(f) at the conclusion of any review by a tribunal in pursuance of this subsection

in any case, the tribunal shall announce its decision in public, stating

whether or not there is, in its opinion, sufficient cause for the detention, and

if, in its opinion, there is not sufficient cause, the detained person shall

forthwith be released and if during the period of 6 months from his release

he is again detained the tribunal established for the review of his case shall

not decide that, in its opinion, there is sufficient cause for the further

detention unless it is satisfied that new and reasonable grounds for the

detention exist.

(5) Any person who is unlawfully arrested or detained by any other person shall be

entitled to compensation from that other person.

(6) in the exercise of any functions conferred upon him for the purposes of

subsection(1)(k), the Commissioner of Police shall not be subject to the direction or

control of any other person or authority.

(7) Nothing contained in or done under the authority of any law shall any law shall be

held to be inconsistent with or in contravention of subsection (3) to the extent that

the law in question authorises a police officer not below the rank of superintendent

of police to direct that any person arrested upon reasonable suspicion of having

committed any offence related to terrorism or any drug dealing offence be detained

in police custody for a period not exceeding 36 hours from his arrest without having

access to any person other than a police officer not below the rank of Inspector or a

Government Medical Officer.

(8) A Bill for an Act of Parliament to amend or to repeat the provisions of any law with

regard to the keeping of a custody record and video recording in respect of the

detention of any person for a drug offence shall not be passed by the Assembly

unless it is supported at the final voting in the Assembly by the votes of not less

than three quarters of all the members of the Assembly.

Amended by [Act No. 26 of 1994]; [Act No. 40 of 2000]; [Act No. 4 of 2002]

6. Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression " forced labour" does not include –

(a) any labour required in consequence of the sentence or order of a court;

(b) labour required of any person while he is lawfully detained that, though not

required in consequence of the sentence or order of a court, is reasonably

necessary in the interests of hygiene or for the maintenance of the place at

which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his

duties as such or, in the case of a person who has conscientious objections

to service as a member of a naval, military or air force, any labour that that

person is required by law to perform in place of such service; or

(d) any labour required during a period of public emergency or in the event of

any other emergency or calamity that threatens the life or well-being of the

community, to the extent that the requiring of such labour is reasonably

justifiable, in the circumstances of any situation arising or existing during

that period or as a result of that other emergency or calamity, for the

purpose of dealing with that situation.

7. Protection from inhuman treatment

(1) No person shall be subjected to torture or to inhuman or degrading punishment or

other such treatment.

(2) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of this section to the extent that the law in

question authorises the infliction of any description of punishment that was lawful in

Mauritius on 11 March 1964.

8. Protection from deprivation of property

(1) No property of any description shall be compulsorily taken possession of, and no

interest in or right over property of any description shall be compulsorily acquired,

except where -

(a) the taking of possession or acquisition is necessary or expedient in the

interests of defence, public safety, public order, public morality, public

health, town and country planning, the development or utilisation of any

property in such a manner as to promote the public benefit or the social and

economic well-being of the people of Mauritius; and

Amended by [Act No. 14 of 1983]

(b) there is reasonable justification for the causing of any hardship that may

result to any person having an interest in or right over the property; and

(c) provision is made by a law applicable to that taking of possession or

acquisition -

(i) for the payment of adequate compensation; and

(ii) securing to any person having an interest in or right over the

property aright of access to the Supreme Court, whether direct or on

appeal from any other authority, for the determination of his interest

or right, the legality of the taking of possession or acquisition of the

property, interest or right, and the amount of any compensation to

which he is entitled, and for the purpose of obtaining payment of that

compensation.

Amended by [Act No. 14 of 1983]

(2) No person who is entitled to compensation under this section, other than a resident

of Mauritius, shall be prevented from remitting, within a reasonable time after he

has received any amount of that compensation, the whole of that amount (free from

any deduction, charge or tax made or levied in respect of its remission) to any

country of his choice outside Mauritius.

Amended by [Act No. 14 of 1983]

(3) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of subsection (2) to the extent that the law in

question authorises -

(a) the attachment, by order of a court, of any amount of compensation to which

a person is entitled in satisfaction of the judgment of a court or pending the

determination of civil proceedings to which he is a party;

(b) the imposition of reasonable restrictions on the manner in which any amount

of compensation is to be remitted; or

(c) the imposition of any deduction, charge or tax that is made or levied

generally in respect of the remission of money from Mauritius and that is not

discriminatory within the meaning of section 16(3).

(4) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of subsection (1) -

(a) to the extent that the law in question makes provision for the taking of

possession or acquisition of property -

(i) in satisfaction of any tax, rate or due;

(ii) by way of penalty for breach of the law or forfeiture inconsequence

of a breach of the law or in consequence of the inability of a drugtrafficker

or a person who has enriched himself by fraudulent and/or

corrupt means to show that he has acquired the property by lawful

means;

Amended by [Act No. 33 of 1986]

(iii) as an incident of a lease, tenancy, mortgage, charge, sale, pledge or

contract;

(iv) in the execution of judgments or orders of courts;

(v) by reason of its being in a dangerous state or injurious to the health

of human beings, animals, trees or plants;

(vi) in consequence of any law with respect to the limitations of actions

or acquisitive prescription;

(vii) for so long only as may be necessary for the purposes of any

examination, investigation, trial or inquiry or, in the case of land, the

carrying out on it –

(A) of work of soil conservation or the conservation of other

natural resources; or

(B) of agricultural development or improvement that the owner or

occupier of the land has been required, and has, without

reasonable and lawful excuse, refused or failed to carry out,

except so far as that provision or, as the case may be, the thing

done under its authority is shown not to be reasonably justifiable in a

democratic society; or

(b) to the extent that the law in question makes provision for the taking of

possession or acquisition of -

(i) enemy property;

(ii) property of a person who has died or is unable, by reason of legal

incapacity, to administer it himself, for the purpose of its

administration for the benefit of the persons entitled to the beneficial

interest in it;

(iii) property of a person adjudged bankrupt or a body corporate in

liquidation, for the purpose of its administration for the benefit of the

creditors of the bankrupt or body corporate and, subject thereto, for

the benefit of other persons entitled to the beneficial interest in the

property; or

(iv) property subject to a trust, for the purpose of vesting the property in

persons appointed as trustees under the instrument creating the

trust or by a court or, by order of a court, for the purpose of giving

effect to the trust; or

(c) to the extent that the law in question –

(i) makes provision for the payment of the amount for which the

property is to be compulsorily taken possession of, together with

interest at the legal rate in equal yearly instalments, within a period

not exceeding 10 years;

(ii) fixes the amount for which the property is to be compulsorily taken

possession of or acquired or makes provision for the determination

of that amount in accordance with such principles as may be

prescribed.

Amended by [Act No. 14 of 1983]

(4A) (a) Notwithstanding subsection (1)(c), section 17 or any other provision of the

Constitution, no law relating to the compulsory acquisition or taking of

possession of any property shall be called in question in any court if it has

been supported at the final voting in the Assembly by the votes of not less

than three quarters of all the members of the Assembly.

(b) No law under paragraph (a) shall be amended or repealed otherwise than

by a Bill which has been supported at the final voting in the Assembly by the

votes of not less than three quarters of all the members of the Assembly.

Amended by [Act No. 14 of 1983]

(5) Nothing in this section shall affect the making or operation of any law so far as it

provides for the vesting in the State of the ownership of underground water or

unextracted minerals.

Amended by [Act No. 48 of 1991]

(6) Nothing in this section shall affect the making or operation of any law for the

compulsory taking of possession in the public interest of any property, or the

compulsory acquisition in the public interest of any property, or the compulsory

acquisition in the public interest of any interest in or right over property, where that

property, interest or right is held by a body corporate established by law for public

purposes, in which no money has been invested other than money provided from

public funds.

Amended by [Act No. 14 of 1983]; [Act No. 33 of 1986]; [Act No. 48 of 1991]

9. Protection for privacy of home and other property

(1) Except with his own consent, no person shall be subjected to the search of his

person or his property or the entry by others on his premises.

(2) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of this section to the extent that the law in

question makes provision -

(a) in the interests of defence, public safety, public order, public morality, public

health, town and country planning, the development or utilisation of mineral

resources or the development or utilisation of any other property in such a

manner as to promote the public benefit;

(b) for the purpose of protecting the rights or freedoms of other persons;

(c) to enable an officer or agent of the Government or a local authority, or a

body corporate established by law for a public purpose, to enter on the

premises of any person in order to value those premises for the purpose of

any tax, rate or due, or in order to carry out work connected with any

property that is lawfully on those premises and that belongs to the

Government, the local authority or that body corporate, as the case may be;

or

(d) to authorise, for the purpose of enforcing the judgment or order of a court in

any civil proceedings, the search of any person or property by order of a

court or the entry upon any premises by such order,

except so far as that provision or, as the case may be, the thing done under

its authority is shown not to be reasonably justifiable in a democratic society.

10. Provisions to secure protection of law

(1) Where any person is charged with a criminal offence, then, unless the charge is

withdrawn, the case shall be afforded a fair hearing within a reasonable time by an

independent and impartial court established

(2) Every person who is charged with a criminal offence -

(a) shall be presumed to be innocent until he is proved or has pleaded guilty;

(b) shall be informed as soon as reasonably practicable, in a language that he

understands and, in detail, of the nature of the offence;

(c) shall be given adequate time and facilities for the preparation of his defence;

(d) shall be permitted to defend himself in person or, at his own expense, by a

legal representative of his own choice or, where so prescribed, by a legal

representative provided at the public expense;

(e) shall be afforded facilities to examine, in person or by his legal

representative, the witnesses called by the prosecution before any court,

and to obtain the attendance and carry out the examination of witnesses to

testify on his behalf before that court on the same conditions, as those

applying to witnesses called by the prosecution; and

(f) shall be permitted to have without payment the assistance of an interpreter if

he cannot understand the language used at the trial of the offence, and,

except with his own consent, the trial shall not take place in his absence

unless he so conducts himself as to render the continuance of the

proceedings in his presence impracticable and the court has ordered him to

be removed and, the trial to proceed. in his absence.

(3) Where a person is tried for any criminal offence, the accused person or any person

authorised by him in that behalf shall, if he so requires and subject to payment of

such reasonable fee as may be specified by or under any law, be given within a

reasonable time after judgment a copy for the use of the accused person of any

record of the proceedings made by or on behalf of the court.

(4) No person shall be held to be guilty of a criminal offence on account of any act or

omission that did not, at the time it took place, constitute such an offence, and no

penalty shall be imposed for any criminal offence that is severer in degree or

description than the maximum penalty that might have been imposed for that

offence at the time when it was committed.

(5) No person who shows that he has been tried by a competent court for a criminal

offence and either convicted or acquitted shall again be tried for that offence or for

any other criminal offence of which he could have been convicted at the trial of that

offence, except upon the order of a superior court in the course of appeal or review

proceedings relating to the conviction or acquittal.

(6) No person shall be tried for a criminal offence if he shows that he has been granted

a pardon, by competent authority, for that offence.

(7) No person who is tried for a criminal offence shall be compelled to give evidence at

the trial.

(8) Any court or other authority required or empowered by law to determine the

existence or extent of any civil right or obligation shall be established by law and

shall be independent and impartial, and where proceedings for such a

determination are instituted by any person before such a court or other authority,

the case shall be given a fair hearing within a reasonable time.

(9) Except with the agreement of all the parties, all proceedings of every court and

proceedings for the determination of the existence or extent of any civil right or

obligation before any other authority, including the announcement of the decision of

the court or other authority, shall be held in public.

(10) Nothing in subsection (9) shall prevent the court or other authority from excluding

from the proceedings (except the announcement of the decision of the court or

other authority) persons other than the parties and their legal representatives, to

such extent as the court or other authority -

(a) may by law be empowered so to do and may consider necessary or

expedient in circumstances where publicity would prejudice the interests of

justice, or in interlocutory proceedings, or in the interests of public morality,

the welfare of persons under the age of 18 years or the protection of the

privacy of persons concerned in the proceedings; or

(b) may by law be empowered or required to do so in the interests of defence,

public safety or public order.

(11) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of -

(a) subsection (2)(a), to the extent that the law in question imposes upon any

person charged with a criminal offence the burden of proving particular

facts;

(aa) subsection (2)(d), to the extent that the law in question authorises a police

officer to direct that any person arrested upon reasonable suspicion of

having committed any offence related to terrorism or any drug dealing

offence be detained in police custody for a period not exceeding 36 hours

from his arrest without having access to any person other than a police

officer not below the rank of Inspector or a Government Medical Officer.

Amended by [Act No. 40 of 2000]; [Act No. 4 of 2002]

(b) subsection (2)(e), to the extent that the law in question imposes conditions

that must be satisfied if witnesses called to testify on behalf of an accused

person are to be paid their expenses out of public funds;

(c) subsection (5), to the extent that the law in question authorises a court to try

a member of a disciplined force for a criminal offence, notwithstanding any

trial and conviction or acquittal of that member under the disciplinary law of

that force, so, however, that any court so trying such a member and

convicting him shall, in sentencing him to any punishment, take into account

any punishment awarded him under that disciplinary law.

(12) In this section 'criminal offence" means a crime, misdemeanour or contravention

punishable under the law of Mauritius.

11. Protection of freedom of conscience

(1) Except with his own consent, no person shall be hindered in the enjoyment of his

freedom of conscience, and for the purposes of this section, that freedom includes

freedom of thought and of religion, freedom to change his religion or belief, and

freedom, either alone or in community with others and both in public and in private,

to manifest and propagate his religion or belief in worship, teaching, practice and

observance.

(2) Except with his own consent (or, if he is a minor, the consent of his guardian), no

person attending any place of education shall be required to receive religious

instruction or to take part in or attend any religious ceremony or observance if that

instruction, ceremony or observance relates to a religion that he does not profess.

(3) No religious community or denomination shall be prevented from making provision

for the giving, by persons lawfully in Mauritius, of religious instruction to persons of

that community or denomination in the course of any education provided by that

community or denomination.

(4) No person shall be compelled to take any oath that is contrary to his religion or

belief or to take any oath in a manner that is contrary to his religion or belief.

(5) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of this section to the extent that the law in

question makes provision -

(a) in the interests of defence, public safety, public order, public morality or

public health; or

(b) for the purpose of protecting the rights and freedoms of other persons,

including the right to observe and practise any religion or belief without the

unsolicited intervention of persons professing any other religion or belief,

except so far as that provision or, as the case may be, the thing done under its

authority is shown not to be reasonably justifiable in a democratic society.

12. Protection of freedom of expression

(1) Except with his own consent, no person shall be hindered in the

enjoyment of his freedom of expression, that is to say, freedom to hold opinions and to

receive and impart ideas and information without interference, and freedom from

interference with his correspondence.

(2) Nothing contained in or done under the authority of any law shall be

held to be inconsistent with or in contravention of this section to the extent that the law

in question makes provision -

(a) in the interests of defence, public safety, public order, public morality or

public health;

(b) for the purpose of protecting the reputations, rights and freedoms of other

persons or the private lives of persons concerned in legal proceedings,

preventing the disclosure of information received in confidence, maintaining

the authority and independence of the courts, or regulating the technical

administration or the technical operation of telephony, telegraphy, posts,

wireless broadcasting, television, public exhibitions or public entertainments;

or

(c) for the imposition of restrictions upon public officers, except so far as that

provision or, as the case may be, the thing done under its authority is shown

not to be reasonably justifiable in a democratic society.

13. Protection of freedom of assembly and association

(1) Except with his own consent, no person shall be hindered in the enjoyment of his

freedom of assembly and association, that is to say, his right to assemble freely and

associate with other persons and, in particular, to form or belong to, trade unions or

other associations for the protection of his interests.

(2) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of this section to the extent that the law in

question makes provision -

(a) in the interests of defence, public safety, public order, public morality or

public health;

(b) for the purpose of protecting the rights or freedoms of other persons; or

(c) for the imposition of restrictions upon public officers,

except so far as that provision or, as the case may be, the thing done under its

authority is shown not to be reasonably justifiable in a democratic society.

14. Protection of freedom to establish schools

(1) No religious denomination and no religious, social, ethnic or cultural association or

group shall be prevented from establishing and maintaining schools at its own

expense.

(2) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of subsection (1) to, the extent that the law in

question makes provision -

(a) in the interests of defence, public safety, public order, public morality or

public health; or

(b) for regulating such schools in the interests of persons receiving instruction in

them,

except so far as that provision or, as the case may be, the thing done under its

authority is shown not to be reasonably justifiable in a democratic society.

(3) No person shall be prevented from sending to any such school a child of whom that

person is parent or guardian by reason only that the school is not a school

established or maintained by the Government.

(4) In subsection (3), " child" includes a stepchild and a child adopted in a manner

recognised by law, and " parent" shall be construed accordingly.

15. Protection of freedom of movement

(1) No person shall be deprived of his freedom of movement, and for the

purposes of this section, that freedom means the right to move freely throughout

Mauritius, the right to reside in any part of Mauritius, the right to enter Mauritius, the

right to leave Mauritius and immunity from expulsion from Mauritius.

(2) Any restriction on a person's freedom of movement that is involved in

his lawful detention shall not be held to be inconsistent with or in contravention of this

section.

(3) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of this section to the extent that the law in

question makes provision -

(a) for the imposition of restrictions on the movement or residence within

Mauritius of any person in the interests of defence, public safety, public

order, public morality or public health;

(b) for the imposition of restrictions on the right of any person to leave Mauritius

in the interests of defence, public safety, public order, public morality or,

public health or of securing compliance with any international obligation of

the Government, particulars of which have been laid before the Assembly;

(c) for the imposition of restrictions, by order of a court, on the movement or

residence within Mauritius of any person either in consequence of his having

been found guilty of a criminal offence under the law of Mauritius or for the

purpose of ensuring that he appears before a court at a later date for trial in

respect of such a criminal offence or for proceedings preliminary to trial or

for proceedings relating to his extradition or other lawful removal from

Mauritius;

(d) for the imposition of restrictions on the movement or residence within

Mauritius of any person who is not a citizen of Mauritius or the exclusion or

expulsion from Mauritius of any such person;

(e) for the imposition of restrictions on the acquisition or use by any person of

land or other property in Mauritius;

(f) for the removal of a person from Mauritius to be tried outside Mauritius for a

criminal offence or to undergo imprisonment outside Mauritius in execution

of the sentence of a court in respect of a criminal offence of which he has

been convicted; or

(g) for the imposition of restrictions on the right of any person to leave Mauritius

in order to secure the fulfilment of any obligations imposed upon that person

by law,

except so far as that provision or, as the case may be, the thing done under its

authority is shown not to be reasonably justifiable in a democratic society.

(4) Where any person whose freedom of movement has been restricted in pursuance

of subsection (3)(a) or (b) so requests -

(a) he shall, as soon as is reasonably practicable and in any case not more

than 7 days after the making of the request, be furnished with a statement in

writing in a language that he understands, specifying the grounds for the

imposition of the restriction;

(b) not more than 14 days after the making of the request, and thereafter during

the continuance of the restriction at intervals of not more than 6 months, his

case shall be reviewed by an independent and impartial tribunal consisting

of a chairman and 2 other members appointed by the Judicial and Legal

Service Commission, the chairman being appointed from among persons

who are entitled to practise as a barrister or as an attorney in Mauritius;

(c) he or a legal representative of his own choice shall be permitted to make

representations to the tribunal appointed for the review of his case;

(d) on, any review by a tribunal in pursuance of this subsection in any case, the

tribunal may make recommendations concerning the necessity or

expediency of continuing the restriction in question to the authority by which

it was ordered and that authority shall act in accordance with any

recommendation for the removal or relaxation of the restriction:

Provided that a person whose freedom of movement has been restricted by virtue

of a restriction that is applicable to persons generally or to general classes of

persons shall not make a request under this subsection unless he has first obtained

the consent of the Supreme Court.

16. Protection from discrimination

(1) Subject to subsections (4), (5) and (7), no law shall make any provision that is

discriminatory either of itself or in its effect.

(2) Subject to subsections (6), (7) and (8), no person shall be treated in a

discriminatory manner by any person acting in the performance of any public

function conferred by any law or otherwise in the performance of the functions of

any public office or any public authority.

(3) In this section, 'discriminatory" means affording different treatment to different

persons attributable wholly or mainly to their respective descriptions by race, caste,

place of origin, political opinions, colour, creed or sex whereby persons of one such

description are subjected to disabilities or restrictions to which persons of another

such description are not made subject or are accorded privileges or advantages

that are not accorded to persons of another such description.

(4) Subsection (1) shall not apply to any law so far as that law makes provision -

(a) for the appropriation of revenues or other funds of Mauritius;

(b) with respect to persons who are not citizens of Mauritius; or

(c) for the application, in the case of persons of any such description as is

mentioned in subsection (3) (or of persons connected with such persons), of

the law with respect to adoption, marriage, divorce, burial, devolution of

property on death or other like matters that is the personal law applicable to

persons of that description.

(5) Nothing contained in any law shall be held to be inconsistent with or in

contravention of subsection (1) to the extent that it makes provision with respect to

standards or qualifications (not being standards or qualifications specifically relating

to race, caste, place of origin, political opinions, colour, creed or sex) to be required

of any person who is appointed to any office in the public service, any office in a

disciplined force, any office in the service of a local authority or any office in a body

corporate established directly by any law for public purposes.

(6) Subsection (2) shall not apply to anything which is expressly or by necessary

implication authorised to be done by any such provision of law as is referred to in

subsection (4) or (5).

(7) Nothing contained in or done under the authority of any law shall be held to be

inconsistent with or in contravention of this section to the extent that the law in

question makes provision whereby persons of any such description as is mentioned

in subsection (3) may be subjected to any restriction on the rights and freedoms

guaranteed by sections 9, 11, 12, 13, 14 and 15, being such a restriction as is

authorised by section 9(2), 11(5), 12(2), 13(2), 14(2) or 15(3), as the case may be.

(8) Subsection (2) shall not affect any discretion relating to the institution, conduct or

discontinuance of civil or criminal proceedings in any court that is vested in any

person by or under this Constitution or any other law.

Amended by [Act No. 23 of 1995]

17. Enforcement of protective provisions

(1) Where any person alleges that any of sections 3 to 16 has been, is being or is likely

to be contravened in relation to him, then, without prejudice to any other action with

respect to the same matter that is lawfully available, that person may apply to the

Supreme Court for redress.

(2) The Supreme Court shall have original jurisdiction to hear and determine any

application made by any person in pursuance of subsection (1), and may make

such orders, issue such writs and give such directions as it may consider

appropriate for the purpose of enforcing, or securing the enforcement of, any of

sections 3 to 16 to the protection of which the person concerned is entitled:

Provided that the Supreme Court shall not exercise its powers under this

subsection if it is satisfied that adequate means of redress for the contravention

alleged are or have been available to the person concerned under any other law.

(3) The Supreme Court shall have such powers in addition to those conferred by this

section as may be prescribed for the purpose of enabling that court more effectively

to exercise the jurisdiction conferred upon it by this section.

(4) The Chief Justice may make rules with respect to the practice and procedure of the

Supreme Court, in relation to the jurisdiction and powers conferred upon it by or

under this section (including rules with respect to the time within which applications

to that court may be made).

17A. Payment or retiring allowances to Members

(1) Nothing contained in and nothing done under the authority of a law shall be held to

be inconsistent with or in contravention of any provision of this Constitution -

(a) to the extent that the law in question makes provision for reducing, limiting,

modifying, or withholding the payment of any retiring allowances to any

serving or former Member of the National Assembly; and

(b) to the extent that the law in question makes provision for its coming into

operation with retrospective effect.

(2) References in this section to the law relating to the payment of retiring allowances

include (without prejudice to their generality) references to the law regulating the

circumstances in which such retiring allowances may be paid or in which the grant

of such retiring allowances may be refused, the law regulating the circumstances in

which any such retiring allowances that have been granted may be reduced in

amount, limited, modified or withheld and the law regulating the amount of any such

retiring allowances.

Amended by [Act No. 4 of 1996]

18. Derogations from fundamental rights and freedoms under emergency powers

(1) Nothing contained in or done under the authority of a law shall be held to be

inconsistent with or in contravention of section 5 or section 16 to the extent that the

law authorises the taking during any period of public emergency of measures that

are reasonably justifiable for dealing with the situation that exists in Mauritius during

that period:

Provided that no law, to the extent that it authorises the taking during a period of

public emergency, other than a period during which Mauritius is at war, of measures

that would be inconsistent with or in contravention of section 5 or section 16 if taken

otherwise than during a period of public emergency, shall have effect unless there

is in force a Proclamation of the President declaring that, because of the situation

existing at the time, the measures authorised by the law are required in the

interests of peace, order and good government.

(2) A Proclamation made by the President for the purposes of this section -

(a) shall, when the Assembly is sitting or when arrangements have already

been made for it to meet within 7 days of the date of the Proclamation, lapse

unless within 7 days the Assembly by resolution approves the Proclamation;

(b) shall, when the Assembly is not sitting and no arrangements have been

made for it to meet within 7 days, lapse unless within 21 days it meets and

approves the Proclamation by resolution;

(c) shall, if approved by resolution, remain in force for such period, not

exceeding ê months, as the Assembly may specify in the resolution;

(d) may be extended in operation for further periods not exceeding 6 months at

a time by resolution of the Assembly;

(e) may be revoked at any time by the President, or by resolution of the

Assembly:

Provided that no resolution for the purposes of paragraph (a), (b), (c) or (d) shall be

passed unless it is supported by the votes of at least two-thirds of all the members

of the Assembly.

(3) Where a person is detained by virtue of any such law as is referred to in subsection

(1) (not being a person who is detained because he is a person who, not being a

citizen of Mauritius, is a citizen of a country with which Mauritius is at war, or has

been engaged in hostilities against Mauritius in association with or on behalf of

such a country or otherwise assisting or adhering to such a country) -

(a) he shall, as soon as is reasonably practicable and in any case not more

than 7 days after the commencement of his detention, be furnished with a

statement, in writing in a language that he understands, specifying in detail

the, grounds upon which he is detained;

(b) not more than 14 days after the commencement of his detention, a

notification shall be published in the Gazette stating that he has been

detained and giving particulars of the provision of law under which his

detention is authorised;

(c) not more than one month after the commencement of his detention and

thereafter during his detention at intervals of not more than 6 months, his

case-shall be reviewed by an independent and impartial tribunal consisting

of a chairman and 2 other members appointed by the judicial and Legal

Service, Commission, the chairman being appointed from among persons

who are entitled to practise as a barrister or as an attorney in Mauritius;

(d) he shall be afforded reasonable facilities to consult a legal representative of

his own choice who shall be permitted to make representations to the

tribunal appointed for the review of the case of the detained person; and

(e) at the hearing of his case by the tribunal appointed for the review of his

case, he shall be permitted; to appear in person or by a legal representative

of his own choice.

(4) On any review by a tribunal in pursuance of this section of the case of a detained

person, the tribunal may make recommendations concerning the necessity or

expediency of continuing his detention to the authority by which it was ordered but,

unless it is otherwise provided by law, that authority shall not be obliged to act in'

accordance with any such recommendations.

Amended by [Act No. 48 of 1991]

19. Interpretation and savings

(1) In this Chapter -

“contravention", in relation to any requirement, includes a failure to comply with that

requirement, and cognate expressions shall be construed accordingly;

“court", means any court of law having jurisdiction in Mauritius, including the judicial

Committee, but excepting, save in sections 4 and 6 and this section, a court

established by a disciplinary law;

" legal representative", means a person lawfully in or entitled to be in Mauritius and

entitled to practise in Mauritius as a barrister or, except in relation to proceedings

before a court in which an attorney has no right of audience, as an attorney;

" member", in relation to a disciplined forte, includes any person who, under the law

regulating the discipline of that force, is subject to that discipline.

(2) Nothing contained in section 5(4), 15(4) or 18(3) shall be construed as entitling a

person to legal representation at public expense.

(3) Nothing contained in section 12, 13 or 15 shall be construed as precluding the

inclusion in the terms and conditions of service of public officers of reasonable

requirements as to their communication or association with other persons or as to

their movements or residence.

(4) In relation to any person who is a member of a disciplined force of Mauritius,

nothing contained in or done under the authority of the disciplinary law of that force

shall beheld to be inconsistent with or in contravention of any of the provisions of

this Chapter, other than sections 4, 6 and 7.

(5) In relation to any person who is a member of a disciplined force that is not a

disciplined force of Mauritius and who is present in Mauritius in pursuance of

arrangements made between the Government of Mauritius and another government

or an international organisation, nothing contained in or done under the authority of

the disciplinary law of that force shall be held to be inconsistent with or in

contravention of this Chapter.

(6) No measures taken in relation to a person who is a member of a disciplined force of

a country with which Mauritius is at war and no law, to the extent that it authorises

the taking of any such measures, shall be held to be inconsistent with or in

contravention of this Chapter.

(7) In this Chapter 'period of public emergency" means any period during which -

(a) Mauritius is engaged in any war;

(b) there is in force a Proclamation by the President declaring that a state of

public emergency exists; or

(c) there is in force a resolution of the Assembly supported by the votes of a

majority of all the members of the Assembly declaring that democratic

institutions in Mauritius are threatened by subversion.

(8) A Proclamation made by the President for the purposes of subsection (7) -

(a) shall, when the Assembly is sitting or when arrangements have already

been made for it to meet within 7 days of the date of the Proclamation, lapse

unless within 7 days the Assembly by resolution approves the Proclamation;

(b) shall, when the Assembly is not sitting and no arrangements have been

made for it to meet within 7 days, lapse unless within 21 days it meets and

approves the Proclamation by resolution,

(c) may be revoked at any time by the President, or by resolution of the

Assembly:

Provided that no resolution for the purposes of paragraph (a), or (b) shall be passed

unless it is supported by the votes of a majority of all members of the Assembly.

(9) A resolution passed by the Assembly for the purposes of subsection (7) (c) -

(a) shall remain in force for such period, not exceeding 12 months, as the

Assembly may specify in the resolution;

(b) may be extended in operation for further periods, not exceeding 12 months

at a time by a further resolution. supported by the votes of a majority of all

the members of the Assembly;

(c) may be revoked at any time by resolution of the Assembly.

Amended by [Act No. 48 of 1991]

CHAPTER III -CITIZENSHIP

20. Persons who became citizens on 12 March 1968

(1) Every person who, having been born in Mauritius, was an 11 March 1968 a citizen

of the United Kingdom and Colonies became a citizen of Mauritius on 12 March

1968.

(2) Every person who, on 11 March 1968, was a citizen of the United Kingdom and

Colonies -

(a) having become such a citizen under the British Nationality Act 19481, by

virtue of his having been naturalised by the Governor of the former Colony

of Mauritius as a British subject before that Act came into force; or

(b) having become such a citizen by virtue of his having been naturalised or

registered by the Governor of the former Colony of Mauritius under that Act,

became a citizen of Mauritius on 12 March 1968.

(3) Every person who, having been born outside Mauritius, was on 11 March 1968 a

citizen of the United Kingdom and Colonies, if either of his parents became, or

would but for his death have become, a citizen of Mauritius by virtue of subsection

(1) or subsection (2), became a citizen of Mauritius on 12 March 1968.

(4) For the purposes of this section, a person shall be regarded as ha