Judiciary of Mauritius

Last updated

The Judiciary of Mauritius is responsible for the administration of justice in Mauritius and has as mission to maintain an independent and competent judicial system which upholds the rule of law, safeguards the rights and freedom of the individual and commands domestic and international confidence. The Constitution provides for the institution of an independent judiciary which is based on the concept of separation of powers. Mauritius has a single-structured judicial system consisting of two parts, the Supreme Court and the Subordinate Courts. The Subordinate Courts consist of the Court of Rodrigues, the Intermediate Court, the Industrial Court, the District Courts, the Bail and Remand Court, the Criminal and Mediation Court and the Commercial Court. The Chief Justice is head of the judiciary. The Constitution of Mauritius is the supreme legal document of the country. The final appeal from decisions of the Court of Appeal of Mauritius to the Judicial Committee of the Privy council in London as provided for under the Constitution of Mauritius. [1] [2]

Contents

As of 2014, a total of 8,594 cases were pending before the Supreme Court of Mauritius. The number of cases before the case decreased by 1 per cent in 2014 compared to 2013, while the number of cases disposed increased by 32 per cent. As much of 42 per cent of cases in district courts were from urban areas, while the Division III of District Court of Port Louis disposed most number of cases in 2014 among all district courts.

History

Supreme Court building in Port Louis Port Louis, Supreme Court.jpg
Supreme Court building in Port Louis

The modern system of law in Mauritius is an amalgamation of French civil law and common law, while the civil and criminal proceedings are modelled based on British practice. The civil aspects governing the Mauritian Legal System are namely; contract law, société, civil rights, property law and the civil procedure. [3] Supreme Court is established as the highest court of justice and lower courts of namely, the Criminal Court of Procedure and the Civil Court of Procedure. The official language used in the Supreme Court is English. [4]

In 1507 Portuguese sailors came to the uninhabited island and established a visiting base. Diogo Fernandes Pereira, a Portuguese navigator, was the first European known to land in Mauritius and named the island "Ilha do Cirne". The Portuguese did not stay long and did not establish any formal system of Judicial administration. [5] In 1598 a Dutch squadron under Admiral Wybrand Van Warwyck landed at Grand Port and named the island "Mauritius" after Prince Maurice van Nassau of the Dutch Republic, the ruler of his country. [6] France, which already controlled neighbouring Île Bourbon (now Réunion), took control of Mauritius in 1715 and renamed it Isle de France. [5] From 1767 to 1810, except for a brief period during the French Revolution when the inhabitants set up a government virtually independent of France, the island was controlled by officials appointed by the French Government. A Penal Code was published in 1791 and adopted by the Colonial Assembly in 1793, while a separate civil code was promulgated on 3 September 1807. The Supreme Court was established as a supreme body composed of the Prime minister, President, three judges, four clerks and a government commissioner where appeal from neighbouring Seychelles was also allowed. [7] [8]

Despite winning the Battle of Grand Port, the only French naval victory over the British during these wars, the French could not prevent the British from landing at Cap Malheureux during 1810. They formally surrendered the island on the fifth day of the invasion, 3 December 1810, [9] on terms allowing settlers to keep their land and property and to use the French language and law of France in criminal and civil matters. Under British rule, the island's name reverted to Mauritius. [5] The British rule established a two tier system where the justice can have a higher appeal in Majesty's council. By 1851, after many changes in the judicial administration laws, Supreme Court was established as the body of appeal, making it again a single tiered jurisdiction. A bail court was later established with a judge of the Supreme court with a right to appeal, making it a two-tiered system. [10]

The island of Rodrigues has enjoyed higher autonomy as it maintains a separate regional assembly and a court of its own. [11]

Structure

Commercial Court Commercial Court (4721902226).jpg
Commercial Court

The Judiciary of Mauritius is considered one of the three principal bodies of Mauritian democracy along with the legal and executive. It is an independent and competent judicial system which upholds the rule of law, safeguards the rights and freedom of the individual and commands domestic and international confidence. The Constitution provides for the institution of an independent judiciary which is based on the concept of separation of powers. Mauritius has a single-structured judicial system consisting of two parts, the Supreme Court and the Subordinate Courts. The Subordinate Courts consist of the Court of Rodrigues, the Intermediate Court, the Industrial Court, the District Courts, the Bail and Remand Court, the Criminal and Mediation Court and the Commercial Court. The Chief Justice is head of the judiciary. The Constitution of Mauritius is the supreme legal document of the country. The final appeal from decisions of the Court of Appeal of Mauritius to the Judicial Committee of the Privy council in London as provided for under the Constitution of Mauritius. [12]

Statistics

As of 2014, a total of 8,594 cases were pending before the Supreme Court of Mauritius. The number of cases before the case decreased by 1 per cent in 2014 compared to 2013, while the number of cases disposed increased by 32 per cent. The number of criminal offences convicted before the Criminal Division of the Supreme Court increased by 8 per cent in 2014. There were three sodomy and twelve convictions in drug related cases in 2014. [13] The number of cases reduced in Intermediate courts by 5 per cent on account of decrease of criminal cases by 21 per cent and increase in number of civil cases by 5 per cent. [14] The number of cases in Industrial court increased by 9 per cent as there was 39 per cent increase in criminal cases and a marginal increase in civil cases. [15] As much of 42 per cent of cases in district courts were from urban areas, while the Division III of District Court of Port Louis disposed most number of cases in 2014 among all district courts. [16]

Number of cases before Supreme Court of Mauritius
Type2007 [17] 2008 [17] 2009 [17] 2010 [17] 2011 [18] 2012 [18] 2013 [18] 2014 [18]
Supreme court - cases pending at the beginning of the year10,85811,84612,7049,3809,4399,1458,74410,023
Supreme court - cases lodged7,5897,2447,6129,2349,1619,2539,6179,483
Supreme court - cases disposed6,6015,9208,0628,7818,4598,4688,33810,912
Supreme court - cases outstanding at the end of the year11,84612,6949,3809,4399,1458,93310,0238,594
Intermediate court - cases pending at the beginning of the year4,6994,0143,8364,2554,8303,8875,9976,413
Intermediate court - cases lodged3,5373,4653,6384,1284,0653,8373,9243,341
Intermediate court - cases disposed3,9103,6433,2193,5533,4423,2363,5083,332
Intermediate court - cases outstanding at the end of the year4,3263,8364,2554,8303,8874,8396,4136,422
Industrial court - cases pending at the beginning of the year9446614235328168351,1491,155
Industrial court - cases lodged1,1738301,0721,2721,0951,1811,1831,215
Industrial court - cases disposed1,4561,0689631,1191,0781,0021,1771,280
Industrial court - cases outstanding at the end of the year6614235328168351,1491,1551,090
District court - cases pending at the beginning of the year50,58335,89031,03228,63024,39625,16332,63434,913
District court - cases lodged123,595107,745111,818113,977110,162123,226128,529114,521
District court - cases disposed132,886106,438106,147110,128107,527110,849128,720119,485
District court - cases outstanding at the end of the year35,83631,03228,63024,39625,16332,63432,44329,949
Court of Rodrigues - cases pending at the beginning of the year5636012,0191,008321306572305
Court of Rodrigues - cases lodged1,7413,2773,2132,3232,1625,2443,9414,863
Court of Rodrigues - cases disposed1,7031,8594,2243,0102,4694,8974,2084,658
Court of Rodrigues - cases outstanding at the end of the year6012,0191,008321306653305510
Total - cases pending at the beginning of the year67,64753,01250,01443,80539,80239,33649,09652,809
Total - cases lodged137,635122,561127,353130,934126,645142,741147,194133,423
Total - cases disposed146,556118,928122,615126,591122,975128,452145,951139,667
Total - cases outstanding at the end of the year53,27050,00443,80539,80252,80939,33648,20850,339

Criticism

There are complaints about police brutality and condition of accused in the prison are still considered to be unsatisfactory. The buildup of delays in both civil and criminal cases are considered is placed as another common criticism of the system. Lord Mackay, appointed as Chairman as the Commission to reform the Judicial system and Legal Profession of Profession of Mauritius in 1998. In his recommendations, he made various recommendations including review of the role of Director of Public Prosecution (PDP), whose role is to handle all state prosecutions. Mackay was asked to review the recommendations in 2006. The delay in implementing the reforms is commonly seen as another pitfall of the judiciary. [11]

See also

Notes

  1. "The Judiciary" (PDF). Government of Mauritius. Archived from the original (PDF) on 15 November 2012. Retrieved 20 February 2013.
  2. "The Judicial System". Government of Mauritius. Archived from the original on 8 February 2013. Retrieved 20 February 2013.
  3. Tuyau Cedric, Overview of the Forced Heirship Rules Under the Code Civil Mauricien (May 23, 2020). Available at SSRN: https://ssrn.com/abstract=3625560
  4. Clea (2002). Directory of Commonwealth Law Schools 2003-2004. Cavendish Publishing. p. 169. ISBN   9781843144922.
  5. 1 2 3 "History". Government Portal of Mauritius. Archived from the original on 16 October 2016. Retrieved 22 January 2015.
  6. "History of Mauritius" (PDF). Ministry of Art & Culture, Government Portal of Mauritius . Retrieved 22 January 2015.
  7. Toussaint, Auguste. Port Louis, A tropical City. ISBN   0-04-969001-9.
  8. Palmer, Vernon Valentine; Mattar, Mohamed Y. (2016). Mixed Legal Systems, East and West. Routledge. pp. 58–60. ISBN   9781317095385.
  9. Toussaint, A.; Barnwell, P.J. A short History of Mauritius.
  10. "History of the Supreme Court of Mauritius". The Supreme Court of Mauritius. 2014. Archived from the original on 28 October 2016. Retrieved 27 October 2016.
  11. 1 2 International Business Publications, USA (20 March 2009). Mauritius Country: Strategic Information and Developments. Int'l Business Publications. p. 75. ISBN   9781438732121.{{cite book}}: |last1= has generic name (help)
  12. IBP, Inc. (2015). Mauritius Criminal Law Regulations and Procedures Handbook - Strategic Information, Regulations, Procedures. lulu.com. p. 31. ISBN   9781514507568.
  13. Supreme Court of Mauritius 2014, p. 9
  14. Supreme Court of Mauritius 2014, p. 21
  15. Supreme Court of Mauritius 2014, p. 22
  16. Supreme Court of Mauritius 2014, p. 24
  17. 1 2 3 4 Supreme Court of Mauritius 2010, p. 27
  18. 1 2 3 4 Supreme Court of Mauritius 2014, p. 40

Related Research Articles

In the United States, a state court is a law court with jurisdiction over disputes with some connection to a U.S. state. State courts handle the vast majority of civil and criminal cases in the United States; the United States federal courts are far smaller in terms of both personnel and caseload, and handle different types of cases. States often provide their trial courts with general jurisdiction and state trial courts regularly have concurrent jurisdiction with federal courts. Federal courts are courts of limited jurisdiction and their subject-matter jurisdiction arises only under federal law.

In law, certiorari is a court process to seek judicial review of a decision of a lower court or government agency. Certiorari comes from the name of an English prerogative writ, issued by a superior court to direct that the record of the lower court be sent to the superior court for review. The term is Latin for "to be made more certain", and comes from the opening line of such writs, which traditionally began with the Latin words "Certiorari volumus...".

<span class="mw-page-title-main">Courts of Denmark</span> System of judiciary and courts in Kingdom of Denmark

The Courts of Denmark is the ordinary court system of the Kingdom of Denmark. The Courts of Denmark as an organizational entity was created with the Police and Judiciary Reform Act taking effect 1 January 2007 which also significantly reformed the court system e.g. by removing original jurisdiction from the High Courts and by introducing a new jury system.

<span class="mw-page-title-main">Supreme Court of the Philippines</span> Highest court in the Philippines

The Supreme Court (Filipino: Kataas-taasang Hukuman; colloquially referred to as the Korte Suprema, is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.

<span class="mw-page-title-main">Judiciary of Russia</span> Statutory body with hierarchical structure

The Judiciary of Russia interprets and applies the law of Russia. It is defined under the Constitution and law with a hierarchical structure with the Constitutional Court and Supreme Court at the apex. The district courts are the primary criminal trial courts, and the regional courts are the primary appellate courts. The judiciary is governed by the All-Russian Congress of Judges and its Council of Judges, and its management is aided by the Judicial Department of the Supreme Court, the Higher Qualification Board of Judges, and the Ministry of Justice, and the various courts' presidents. And although there are many officers of the court, including jurors, the Prosecutor General remains the most powerful component of the Russian judicial system.

<span class="mw-page-title-main">Judicial system of Singapore</span> National court system

Under the Constitution of Singapore, the judicial system of Singapore is divided into the Supreme Court which comprises the Court of Appeal and the High Court, and the subordinate courts, namely the State Courts and Family Justice Courts.

<span class="mw-page-title-main">Judicial system of Turkey</span>

The judicial system of Turkey is defined by Articles 138 to 160 of the Constitution of Turkey.

<span class="mw-page-title-main">High Court of Singapore</span> Lower division of national supreme court

The High Court of Singapore is the lower division of the Supreme Court of Singapore, the upper division being the Court of Appeal. The High Court consists of the chief justice and the judges of the High Court. Judicial Commissioners are often appointed to assist with the Court's caseload. There are two specialist commercial courts, the Admiralty Court and the Intellectual Property Court, and a number of judges are designated to hear arbitration-related matters. In 2015, the Singapore International Commercial Court was established as part of the Supreme Court of Singapore, and is a division of the High Court. The other divisions of the high court are the General Division, the Appellate Division, and the Family Division. The seat of the High Court is the Supreme Court Building.

<span class="mw-page-title-main">Law of Brazil</span>

The law of Brazil is based on statutes and, partly and more recently, a mechanism called súmulas vinculantes. It derives mainly from the European civil law systems, particularly the Portuguese, the Napoleonic French and the German.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A supreme court can also, in certain circumstances, act as a court of original jurisdiction.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Supreme Court of Spain</span> Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. The court has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding the legalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

<span class="mw-page-title-main">Judiciary of India</span> National court system

The judiciary of India is the system of courts that interpret and apply the law in the Republic of India. The Constitution of India provides concept for a single and unified judiciary in India. India uses a mixed legal system based majorly on the common law system with civil laws applicable in certain territories in combination with certain religion specific personal laws.

The legal system of Azerbaijan is based on civil law. As the country was a republic of the Soviet Union until 1991, its legal history has also been influenced heavily by socialist law. However, after the collapse of the Soviet Union, Azerbaijan became independent by enactment of the constitutional act of national independence on 18 October 1991. Azerbaijan adopted a Constitution in 1995 which is the foundation of the legislative system of the modern country.

<span class="mw-page-title-main">Judiciary of New York</span> Judicial branch of the New York state government

The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.

Law in the Republic of Vanuatu consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law. The Parliament of Vanuatu is the primary law-making body today, but pre-independence French and British statutes, English common law principles and indigenous custom all enjoy constitutional and judicial recognition to some extent.

<span class="mw-page-title-main">Supreme Court of Mauritius</span> The Mauritius Supreme Court formed 1850

The Supreme Court of Mauritius is the highest court of Mauritius and the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for Mauritius.

<span class="mw-page-title-main">Judiciary of Tanzania</span>

The Judiciary of Tanzania is the system of courts that interprets and applies the law in Tanzania. The current judiciary bases its foundation to the constitution of the United Republic of Tanzania of 1977. Under the Constitution of Tanzania, Justices and Magistrates are independent of the government and subject only to the Constitution and the law. The country has a dual juristition system where there is a judicial structure responsible for Tanzania Mainland and another for Zanzibar. The Court of Appeal of the United Republic was established in 1979 as the final appellate judicial body with jurisdiction over the entire union.

<span class="mw-page-title-main">Law of Cyprus</span>

The law of Cyprus is a legal system which applies within the Republic of Cyprus. Although Cypriot law is extensively codified, it is still heavily based on English common law in the sense that the fundamental principle of precedent applies.

<span class="mw-page-title-main">Supreme Court of the Dominican Republic</span> Highest court in the Dominican Republic

The Supreme Court of the Dominican Republic is the highest court existing in the Republic and is, therefore, the head of the judiciary in the country.

References