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...
Category: ARTICLES
THE APPOINTMENT OF SENIOR COUNSEL AND SENIOR ATTORNEY: A CASE FOR REFORM
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...
Should the use of cannabis be legalized?
The legalization of cannabis has again become topical with the recent stand of Dr Navin Ramgoolam, leader of the Mauritius Labour Party on the issue. It meets those of Xavier Duval, leader of the opposition and of the PMSD and Alan Ganoo, leader of the Mouvement Patriotoque . Coincidentally or perhaps resolutely, all three advocate...
What’s wrong with the Labour Party?
For the first time in its history, the Labour Party has been defeated at two consecutive general elections but more importantly its leader, once charismatic and all pervading, not returned on both occasions. The electorate failed to give him initial legitimacy which is sine qua non for political durability. There should obviously be something rotten...
Sir Seewoosagur Ramgoolam: Architect of Independence
To mark the 115th Birth Anniversary Homage to the Father of the Nation On October 22, 1959 Reuters had reported Dr Ramgoolam saying that his party wanted independence for Mauritius. No political leader had until then talked of independence. Given the socio-politico context, hardly anyone could think of it as a reality. Ramgoolam himself...
Yet he remains president of the (MSM) !
Showkutally Soodhun became president of the MSM following Joe Lesjongard’s adventure in search for fresher fields and greener pastures. Considered to be a loose cannon by many across the political spectrum and the public at large, his blundering instinct became more pronounced after the unexpected advent of the MSM led government in 2014. The list...
THE TASK FORCE ON DRUGS: A GIMMICK
After three years of continuous and relentless work, the Commission of Inquiry on drug trafficking chaired by former Puisne Judge Paul Lam Shang Leen finally submitted its report to the Acting President of the Republic and Government subsequently decided to make it public on 27 July 2018. The report had an unexpected boomerang effect, with...
THE MINISTRY OF GOOD GOVERNANCE: A FRANKESTEIN MONSTER?
Oxford dictionary of politics states that in a Westminster system where members of the executive are drawn from the legislature, ministers are generally responsible for framing government policy and for steering government bills through parliament. Following the 2014 General Elections, the Prime Minister decided to set up a Ministry of Good Governance giving to it...
The Dayal Saga: Questions to the Attorney General
On 05 March 2018, the MSM led Government discretely agreed to pay the sum of Rs15,160,782.28 to MSM member of parliament, Raj Dayal. The latter was forced to resign as Minister of Environment and is currently being prosecuted for corruption before the Intermediate Court. Shielding behind the veil of Mediation Court Rules until Saturday 02...
Sir Seewoosagur Ramgoolam and the Chagos Islands
During a press conference, upon his return from the International Court of Justice (ICJ) in The Hague, on 12 September 2018, Sir Anerood Jugnauth (SAJ) lashed out shamelessly against Sir Seewoosagur Ramgoolam (SSR) over his handling of the Chagos issue. To say the least, it was a cowardly act to criticize the Father of the...