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 name that will continue to echo in the legal profession and in the country for generations to come. On behalf of the bar, I thank the Judiciary for organising this ceremony in memory of a legal luminary.
Born on 22nd of June 1933, Mr Yousuf Mohamed pursued his secondary education at the Royal College of Curepipe and the Royal College of Port Louis. In 1954, he left for the United Kingdom to read law at the University of Bristol. He was called to the Bar at the Honourable Society of the Middle Temple in 1960, after which he returned to Mauritius and started practicing at the Bar. In 1963, he proceeded to read French Civil Law at the “Faculte de Droit de Paris”. Thereafter, slowly but surely he rose to prominence in the profession.
My Lords,
I was personally quite close to late Mr Yousuf Mohamed and we used to meet often in court. He had a unique sense of humour and was always ready to advise and help junior barristers. He would also not hesitate to stand by members of the Bar who were in difficulty. He was a fearless barrister who firmly believed in the independence of the Bar and integrity of the profession. In his last interview published in the second edition of the newsletter of the Mauritius Bar Association, ‘The Legal Tape’ he summarised the very essence of our profession by stating and I quote “Practising law is not a business. It is an art and it is a profession where there are rules of ethics ……. It is a noble profession and one must act nobly ……. It is the duty of seniors to assist the young. One must not be selfish and think of oneself alone …………Barristers are not the mouthpiece of their clients ……… Our duty is to help the court to reach a verdict based on truth and not on what we want the court to believe. A Judge or a magistrate is there to administer justice and I owe him respect. Respect should be both ways. Even Judges and Magistrates should also know how to address barristers …………. The proper approach will be to work hard, to have patience, integrity and honesty towards your opponent and the Judiciary.
My Lords
Late Yousuf Mohamed was also a point in time very active in politics. He stood as candidate for the 1967 general elections which paved the way to independence and as such he was among the very few remaining freedom fighters. He was elected from the constituency of Quartier Militaire/Moka and remained member of Parliament untilo 1976. He was again elected in 1983 from the constituency of La Caverne/Phoenix. He in turn served the country as Minister of Labour and Industrial Relations, Deputy Speaker and as High Commissioner to Egypt.
Late Mr Yousuf Mohamed did not stand as candidate again after the 1991 general elections but he could not entirely dissociate himself from politics. Very often, he would give his opinion on current affairs and would also campaign tirelessly at general elections. I still recall how he helped me in my own election in 2005.
However, in his interview to The Legal Tape, he stated: If I could go back in time, I would not do politics. The time that I devoted to politics, had I devoted the same amount of time to the profession, I would have been further than what I am today, unquote.
Late Yousuf Mohamed was elevated to the position of Senior Counsel in July 1995 and on 12th March 2003, he was conferred the title Grand Officer of the Order of the Star and Key of the Indian Ocean (G.O.S.K.).
To become Senior Counsel is a unique achievement for a barrister. Late Mr Yousuf Mohamed had a rare legal acumen and mastered the art of advocacy. He was also a powerful orator both in Parliament and at public meetings.
My Lords,
Mr Yousuf Mohamed had a long and fruitful career at the Bar. Up until a few months before his demise, he was still very active at the Bar and used to appear before almost all courts and Tribunals.
He had an innate sense of discipline. He used to find time for work, family and physical exercise. I still recall in my childhood, seeing late Yousuf Mohamed going for his daily walk in Quatre Bornes.
My Lords,
In the name of the Mauritian Bar and in my own personal name, I extend heartfelt condolences to late Mr Yousuf Mohamed’s spouse, Mrs Zeinah Mohamed, his sons and our confreres Shakeel and Zakhir, his daughter Noreena, as well as to other members of the Mohamed family.
It is said “Death is not the greatest loss in life. The greatest loss is what dies inside us while we live”, late Yousuf Mohamed lead a life true to himself. He lived by certain principles and did not allow anything to die inside him while he lived. His quest for equality and justice remained unfettered till his last breath.
Today when the Mauritian Bar is facing numerous challenges, his absence is tremendously left.
May God bless his soul.
I thank you for your kind attention.
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