Supreme Court of Mauritius

Last updated

Supreme Court of Mauritius
Coat of arms of Mauritius (Original version).svg
Coat of arms of Mauritius
Location Port Louis
Composition methodBy the President, after consultation with the Prime Minister
Authorized by Constitution of Mauritius
Appeals to Judicial Committee of the Privy Council
Judge term length67 years of age
Chief Justice
CurrentlyRehana Bibi Mungly-Gulbul
Since18 November 2021

The Supreme Court of Mauritius is the highest court of Mauritius and is 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 [1] 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. [2] [3]


On 30 July 2020, a new building housing the Supreme Court was inaugurated jointly by Indian Prime Minister Narendra Modi and Mauritian Prime Minister Pravind Jugnauth.

The chief justice is the head of the court and has precedence over any other judges in the republic. The chief justice is second in line (after the vice-president) to succeed the president in case of removal, death or resignation until a new president is elected. The chief justice is also fifth in the line of precedence following the president, prime minister, vice president and deputy prime minister. As from 2021, the current chief justice is Rehana Bibi Mungly-Gulbul, the first woman ever to occupy this position, having been appointed 18 November 2021, succeeding Ashraf Caunhye. The major divisions of the Supreme Court are Family Division, Commercial Division, Master's Court, Mediation Division, Criminal Division, Court of Civil Appeal and Court of Criminal Appeal. The Judicial Committee of the Privy Council is the final Court of appeal in Mauritius. [4] [5]


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. 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. [6]

Champ de Mars, Port Louis, 1880 Numa Desjardins Champ de Mars Port Louis 1880.jpg
Champ de Mars, Port Louis, 1880

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. He named the island "Ilha do Cirne". The Portuguese did not stay long as they were not interested in these islands. [7] 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. [8] France, which already controlled neighbouring Île Bourbon (now Réunion), took control of Mauritius in 1715 and renamed it Isle de France. [7] 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. [9] [10]

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, [11] 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. [7] 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. [12]


The Supreme Court has the Chief Justice, a Senior Puisne Judge and a number of Puisne Judges as prescribed by the Parliament of Mauritius. As of 2014, there were 17 Puisne judges. The Chief Justice is appointed by the President in consultation with the Prime Minister, the Senior Puisne Judge acting in accordance with the advice of Chief Justice and the Puisne Judges acting in accordance with the advice of the Judicial and Legal service Commission as listed in Section 77 of the Constitution. To qualify as a Chief Justice of the Supreme Court of Mauritius, a person has to be a practicing barrister for at least five years, a barrister entitled to practise before the Supreme Court as listed in Section 77(4) of the Constitution. A judge of the Supreme Court holds office until the retirement age of 62. A judge may be impeached for inability to perform the functions of his office or for misbehaviour. He shall be removed from office by the President under the advice of removal referred by the Judicial Committee deputed. [13]


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

The Supreme Court has unlimited jurisdiction to hear and determine any civil or criminal proceedings under any law other than a disciplinary law and such jurisdiction and powers as may be conferred upon it by the Constitution or any other law. It is a superior court of record and the principal court of original civil and criminal jurisdictions. It exercises general powers of supervision over all District, Intermediate and Industrial Courts and other special courts. [14]

The Supreme Court is also a Court of Equity vested with powers, authority, and jurisdiction to administer justice and to do all acts for the due execution of such equitable jurisdiction, in all cases where no legal remedy is provided by any enactment. Section 83 of the Constitution provides that the Supreme Court has original jurisdiction in the interpretation of the Constitution. It has the power and jurisdiction to hear and determine any complaint of a disciplinary nature in respect of the professional conduct of a law practitioner or a ministerial officer including a land surveyor. [13] Moreover, the Supreme Court has exclusive jurisdiction in matters pertaining to judicial review and has the same powers as the High Court in England. [15]

The Supreme Court has full power and jurisdiction to hear and determine all appeals, whether civil or criminal, made to the Court from: a judge in the exercise of his original jurisdiction, the Bankruptcy Division, the Master and Registrar, the Intermediate Court, the Industrial Court, a Magistrate, any other court or body established under any other enactment Appeals are heard before at least two judges. [13]

Divisions of the Supreme Court

The Family Division of the Supreme Court was established in January 2008 and it administers all family related cases like divorce, judicial separation, alimony and maintenance or custody or guardianship of minors. The Commercial Division of the Supreme Court established in 2009 administers all cases related to companies, disputes, trademarks, exchange, offshore business and patents. The Master's Court administers legal heir provisions of Mauritian laws. The Mediation Division disposes all civil suit, action or cause of common agreement. [16] The Court of Civil Appeal is a division of the Supreme Court and is composed of the Judges of the Supreme Court presided by the Chief Justice or the Senior Puisne Judge. The Court of Criminal Appeal is a division of the Supreme Court and is duly constituted by three judges presided over by the Chief Justice or the Senior Puisne Judge. A person convicted before the Supreme Court may appeal under the Criminal Appeal Act against his conviction or sentence. [17] The Judicial Council is the final court of appeal where questions on interpretation of constitution, dispute value is more than 10,000, final provisions of section 17 of Constitution and matters of public importance as directed by Supreme Court. The Supreme Court also administers all the Intermediate Courts, Industrial Court and District Courts. [18]

The Master and Registrar is an officer of the Supreme Court and shall be a barrister of at least 5 years standing. His duties consist in the taxing of costs, to conduct and manage judicial sales, probate of wills and the matters connected therewith, interdictions and local examinations and to deal with matters of audit, inquiry, and accounts and generally, all such matters as may be referred to him by the Chief Justice or the Judges. The Master is assisted by a Deputy Master. The Secretary to the Chief Justice has a set of administrative and technical officers. The Chief Registrar has a set of Chief court officer and manager for each of the divisions and sections of the Supreme Court. [19]


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. [20]

Number of cases before Supreme Court of Mauritius
Type2007 [21] 2008 [22] 2009 [22] 2010 [21] 2011 [23] 2012 [23] 2013 [23] 2014 [23]
Civil cases pending at the beginning of the year10,62911,51112,2888,9068,9738,7108,3139,704
Civil cases lodged7,3686,9957,3669,0208,9449,0339,4279,295
Civil cases disposed6,4865,7527,8938,5598,2538,2448,03610,646
Civil cases outstanding at the end of the year11,51112,2788,4078,9738,7108,5029,7048,353
Criminal cases pending at the beginning of the year229335416474466435431319
Criminal cases lodged221249246214231198189184
Criminal cases disposed115168169222206224302266
Criminal cases outstanding at the end of the year335416474466423431319241
Total pending at the beginning of the year10,85811,84612,7049,3809,4399,1458,74410,023
Total cases lodged7,5897,2447,6129,2349,1759,2319,6169,479
Total cases disposed6,6015,9208,0628,7818,4598,4688,33810,912
Total cases outstanding at the end of the year11,84612,6948,8819,4399,1338,93310,0238,594

Chief Justices of Mauritius

Incumbent [11] Tenure
British Mauritius
George Smith30 October 1814–
Edward Berens Blackburn10 January 1824 – 1835
James Wilson1 October 1835–
Sir Stevenson Villiers Surtees1857 (acting)
Sir J Edward Romono1858 (acting)
Sir Charles Farquhar Shand30 May 1860
Sir Nicholas Gustave Bestel1878 (acting)
Sir Adam Gib Ellis1 September 1879–
Sir Eugène P. J. Leclézio22 November 1883–
Francis Taylor Piggott 7 April 1895 (acting)
Sir Eugène P. J. Leclézio25 May 1895 – 1897
(Sir) Louis Victor Delafaye30 April 1898–
F. C. Moncrieff16 Feb 1900 (acting)
Ernest Didier St Amand24 Apr 1900 (acting)
Richard Myles Brown31 Aug 1906 (acting)
Louis Arthur Thibaud5 Oct 1908 (acting)
Richard Myles Brown23 Oct 1908 (acting)
Furcy Alfred Herchenroder2 Sep 1912 (acting)
Sir Louis Victor Delafaye12 Nov 1912 – 31 Dec 1912
Furcy Alfred Herchenroder1 Jan 1913–1916
Thomas Ernest Roseby [24] 1917–1929
Sir Philip Bertie Petrides 1930–1935
Sir Justin Louis Devaux [25] 1940–1943
Sir Charlton Lane– c. 1945
Sir Rampersad Neerunjun c. 1960–
Michel Rivalland 1967–1970
Michel Rivalland 1967–1970
Sir Jean François Maurice Latour-Adrien 1970–1977
Sir William Henry Garrioch 1977–1978
Sir Maurice Rault 1978–1982
Sir Cassam Moollan 1982–1988
Sir Victor Joseph Patrick Glover 1988–1994
Rajsoomer Lallah 1995–1995
Ariranga Pillay 1996–2007
Y. K. J. Yeung Sik Yuen 2007–2013
Kheshoe Parsad Matadeen 2013–2019
Marc France Eddy Balancy 26 March 2019 – 5 May 2020
Ashraf Caunhye 6 May 2020 – 17 November 2021
Rehana Mungly-Gulbul 18 November 2021 - present

See also


  1. "Mauritius-The Administration of Justice" (PDF). Retrieved 7 October 2015.
  2. Group, Temple (27 November 2020). "COURT JURISDICTION – SUPREME COURT AND THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL". Temple Group | Mauritius. Retrieved 31 January 2023.
  4. "The Judicial Committee of the Privy Council in Mauritius". The First Mauritian Law Platform. 25 May 2018. Retrieved 31 January 2023.
  5. "The Mauritian Legal System and Research - GlobaLex". Retrieved 31 January 2023.
  6. Clea (2002). Directory of Commonwealth Law Schools 2003–2004. Cavendish Publishing. p. 169. ISBN   9781843144922.
  7. 1 2 3 "History". Government Portal of Mauritius . Retrieved 22 January 2015.
  8. "History of Mauritius" (PDF). Ministry of Art & Culture, Government Portal of Mauritius . Retrieved 22 January 2015.
  9. Toussaint, Auguste (1973). Port Louis, A tropical City. ISBN   0-04-969001-9.
  10. Palmer, Vernon Valentine; Mattar, Mohamed Y. (2016). Mixed Legal Systems, East and West. Routledge. pp. 58–60. ISBN   9781317095385.
  11. 1 2 Toussaint, A.; Barnwell, P.J. A short History of Mauritius.
  12. "History of the Supreme Court of Mauritius". The Supreme Court of Mauritius. 2014. Retrieved 27 October 2016.
  13. 1 2 3 "The Supreme Court of Mauritius". The Supreme Court of Mauritius. 2014. Retrieved 27 October 2016.
  14. Supreme Court of Mauritius 2014, p. 2
  15. Tuyau Cedric, Beeharry S. v Sugar Industry Labour Welfare Fund & Ors Case Commentary (June 6, 2020). Available at SSRN:
  16. Supreme Court of Mauritius 2014, p. 3
  17. Supreme Court of Mauritius 2014, p. 4
  18. Supreme Court of Mauritius 2014, p. 5
  19. Supreme Court of Mauritius 2014, p. ii
  20. Supreme Court of Mauritius 2014, p. 9
  21. 1 2 Supreme Court of Mauritius 2010, p. 11
  22. 1 2 Supreme Court of Mauritius 2009, p. 14
  23. 1 2 3 4 Supreme Court of Mauritius 2014, p. 11
  24. "Famous judges". St Paul's University. Retrieved 20 October 2016.
  25. "Seychells Judges". Seychelles Weekly. Retrieved 20 October 2016.

Related Research Articles

<span class="mw-page-title-main">Politics of Mauritius</span> Political system of Mauritius

Politics of Mauritius takes place in a framework of a parliamentary democracy. The separation of powers is among the three branches of the Government of Mauritius, namely the legislative, the executive and the Judiciary, is embedded in the Constitution of Mauritius.

<span class="mw-page-title-main">Court of Cassation (France)</span> Highest judicial court in France

The Court of Cassation is one of the four courts of last resort in France. It has jurisdiction over all civil and criminal matters triable in the judicial system; it is the supreme court of appeal in these cases. It has jurisdiction to review the law, as well as to certify questions of law, to determine miscarriages of justice. The Court is located in the Palace of Justice in the 1st arrondissement of Paris.

Chapter 9: Judiciary.Chapter 9 of the 1997 Constitution of Fiji is titled Judiciary. It is divided into twenty-two sections, setting out the composition and functions of the Judicial branch of the Fijian government.

<span class="mw-page-title-main">Law of Singapore</span> National law of the city-state

The legal system of Singapore is based on the English common law system. Major areas of law – particularly administrative law, contract law, equity and trust law, property law and tort law – are largely judge-made, though certain aspects have now been modified to some extent by statutes. However, other areas of law, such as criminal law, company law and family law, are almost completely statutory in nature.

The judiciary of Australia comprises judges who sit in federal courts and courts of the States and Territories of Australia. The High Court of Australia sits at the apex of the Australian court hierarchy as the ultimate court of appeal on matters of both federal and State law.

<span class="mw-page-title-main">Supreme Court of New South Wales</span> Superior court of New South Wales, Australia

The Supreme Court of New South Wales is the highest state court of the Australian State of New South Wales. It has unlimited jurisdiction within the state in civil matters, and hears the most serious criminal matters. Whilst the Supreme Court is the highest New South Wales court in the Australian court hierarchy, an appeal by special leave can be made to the High Court of Australia.

<span class="mw-page-title-main">Supreme Court of Singapore</span> National supreme court

The Supreme Court of Singapore is a set of courts in Singapore, comprising the Court of Appeal and the High Court. It hears both civil and criminal matters. The Court of Appeal hears both civil and criminal appeals from the High Court. The Court of Appeal may also decide a point of law reserved for its decision by the High Court, as well as any point of law of public interest arising in the course of an appeal from a court subordinate to the High Court, which has been reserved by the High Court for decision of the Court of Appeal.

<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">Court of Appeal of Singapore</span> Supreme appellate court of Singapore

The Court of Appeal of Singapore is the highest court in the judicial system of Singapore. It is the upper division of the Supreme Court of Singapore, the lower being the High Court. The Court of Appeal consists of the chief justice, who is the president of the Court, and the judges of the Court of Appeal. The chief justice may ask judges of the High Court to sit as members of the Court of Appeal to hear particular cases. The seat of the Court of Appeal is the Supreme Court Building.

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

In most legal jurisdictions, a supreme court is the highest court within the hierarchy of courts. Other descriptions for such courts include court of last resort, apex court, and highcourt of appeal. Broadly speaking, the decisions of a supreme court 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.

<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. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization 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">Federal Court of Malaysia</span> Highest court of appeals in Malaysia

The Federal Court of Malaysia is the highest court and the final appellate court in Malaysia. It is housed in the Palace of Justice in Putrajaya. The court was established during Malaya's independence in 1957 and received its current name in 1994.

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

The judiciary of Jamaica is based on the judiciary of the United Kingdom. The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited jurisdiction in all cases, and sits as the Circuit Court to try criminal cases. The Parish Court in each parish hears both criminal and civil cases, excluding grave offences. The Petty Sessions are held under Justices of the Peace, with power to hear minor crimes.

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

The basis of the Bahamian Law and legal system lies within the English Common Law tradition. Justices of the Supreme Court, Registrars and Magistrates are all appointed by The Governor-General acting on the advice of the Judicial and Legal Service Commission, which is composed of five individuals who are headed by the Chief Justice as their chairman. The Chief Justice and the Justices of the Court of Appeal, including the President, are appointed by the Governor-General on the recommendation of the Prime Minister after consultation with the Leader of the Opposition. Once appointed, the salaries and other terms of appointment of the Chief Justice, Justices of Appeal and Justices of the Supreme Court cannot be altered to their disadvantage. Justices of the Supreme Court can serve until the age of 65 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 67. Justices of Appeal can serve until the age of 68 years and, where agreed among the judge, the Prime Minister and the Leader of the Opposition, may serve until the age of 70 years. The law of The Bahamas makes provisions for the appointment of 12 Justices to the Bench of the Supreme Court, inclusive of the Chief Justice, and for five Justices of the Court of Appeal, inclusive of the President. The Chief Justice, as Head of the Judiciary, is an ex officio member of the Court of Appeal, but only sits at the invitation of the President.

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

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.

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

The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).

The Judiciary of Sri Lanka are the civil and criminal courts responsible for the administration of justice in Sri Lanka. The Constitution of Sri Lanka defines courts as independent institutions within the traditional framework of checks and balances. They apply Sri Lankan Law which is an amalgam of English common law, Roman-Dutch civil law and Customary Law; and are established under the Judicature Act No 02 of 1978 of the Parliament of Sri Lanka.

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

The Judiciary of Sierra Leone is the branch of the Government of the Republic of Sierra Leone which interprets and applies the laws of Sierra Leone to ensure impartial justice under law and to provide a mechanism for dispute resolution. The independence of the judiciary is guaranteed by the constitution.

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

The Supreme Court of the Gambia is a superior court of record and the highest court in The Gambia. Established in 1851, it has appellate and original jurisdiction over any law exceeding the powers conferred by the Constitution or any law upon the National Assembly or any other person or authority.

Court system of Niue Court system in Niue

The court system of Niue is a three-tiered judicial system established by the Niue Constitution Act in the island nation of Niue. It consists of the High Court, which has original jurisdiction to hear all criminal, civil and land matters, the Court of Appeal, which has appellate civil and criminal jurisdiction, and the Privy Council in England. Justices interpret the law subject to the Constitution of Niue, and if they determine a law violates the Constitution then the Constitution takes precedence. A system of common law is used in the court system, and the Doctrine of Precedent ensures that lower courts follow the precedent of upper courts. The civil and criminal courts operate under an adversarial legal system, while the land courts operate under an inquisitive legal system.