In a globalised world where freedom of movement is considered a fundamental right, the concept of legally blocking someone from leaving a country might seem surprising. Yet, in Mauritius, as in many jurisdictions, this restriction- commonly known as objection to departure– is a necessary legal mechanism. When properly used, it protects justice, safeguards national security...
Constitutional Protection: Section 9(1) of the Constitution provides that except with his consent, no person shall be subjected to the search of his person or his property or the entry by others on his premises. However section9(1) is subject to the exceptions contained in section 9(2) like inter alia interests of defence, public safety, public...
Know your rights and what steps to take:- In what circumstances can a person be arrested? A person can be arrested when there is reasonable suspicion that he or she has committed or is likely to commit an offence. Can a person be arrested without a warrant of arrest? A person can be arrested with...
A provisional information is a mechanism whereby a court is informed of the reason of the arrest of an individual. The use of a provisional information is now an established practice. Only an offence known to law can give birth to a provisional information. Purpose: To bring the detention of an individual under judicial supervision...
Right to bail: In Mauritius, the right to personal liberty is guaranteed by section 5 of our Constitution and the process of bail is governed by the Bail Act 1999. Individuals in custody whether in police cell or in jail have the right to apply for bail and subject to certain conditions, that person is...
Your Ladyship, The Honourable Chief Justice The Honourable, Senior Puisne Judge Honourable Judges The Solicitor General The Deputy Director of Public Prosecution Colleagues of the Legal Profession Members of the Mohamed Family Ladies and Gentlemen, On the 03rd of April 2022, the country lost an eminent barrister and a freedom fighter, Yousuf Mohamed – A...
Writing an article for the special issue of Aryodaye on the occasion of Divali is a privilege. My family has been associated with the Arya Samaj movement for four generations. My par-Dadi (great grand mother) changed the whole family and we went from being stanch Sanatanists to Arya Samajists. My dada, Ramavtar Nath Varma and...
Dear Gavin, Congratulations on your selection to become Attorney General. I find it my duty to pen these words especially given the fact that during the last ten years, the legal profession did not feel there was any person acting in that capacity and the judiciary was left without any reform worthy of its name....
Section 80(3) of the Constitution provides: The Judges of the Court of Civil Appeal and Court of Criminal Appeal shall be the Judges for the time being of the Supreme Court. Back in 1968, the framers of our Constitution made a temporary provision for the judges of the Supreme Court to also hear appeals. It...
The procedure adopted for the appointment of Senior Counsel (SC) and Senior Attorney (SA) in Mauritius is a historical oddity which remains alien to the legal profession and the public at large. Pursuant to section 9A of the Law Practitioners Act the power to appoint SCs and SAs is vested in the President of the...
