MAURITIUS Law and Practice Contributed by: Sameer K. Tegally, Sonia Xavier and Ashvan Luckraz, Venture Law
Venture Law Level 3, Tower 1 NeXTeracom Building Ebene Mauritius Tel: +230 404 9900 Fax: +230 404 9901
Email: office@venturelawltd.com Web: www.venturelawltd.com
1. Legal System 1.1 Legal System and Judicial Order Type of Legal System
When sitting in its original jurisdiction as a court of first instance, the Supreme Court is composed of various divisions, such as the Family Division, the Master’s Court, the Commercial Division, the Financial Crimes Division, the Criminal Division and the Mediation Divi - sion. When sitting in its jurisdiction as an appellate jurisdic - tion, the Supreme Court hears appeals from subordi - nate courts and from decisions of the Supreme Court sitting in its original jurisdiction. Hence, the Appellate Division of the Supreme Court sits as the Court of Civil Appeal or the Court of Criminal Appeal. Additionally, any appeal against a decision of the Court of Civil Appeal or the Court of Criminal Appeal must be lodged with the Judicial Committee of the Privy Council in England. The subordinate courts comprise various courts, such as the Intermediate Court, the Industrial Court, the District Courts, the Bail and Remand Court, and the Court of Rodrigues. The main rules regulating proceedings before the Supreme Court and the subordinate courts are con - tained in several pieces of legislation, including the Courts Act, the Court of Civil Appeal Act, the Criminal Procedure Act and the Supreme Court Rules 2000. The Supreme Court The Supreme Court is a superior court of record that has original jurisdiction to hear and determine civil and criminal matters, to interpret the Constitution, to act
Originally a French and a British colony, Mauritius has developed a unique legal system that is a hybrid of civil and common law traditions. The Basic Organisation of the Judicial Order Sources of Mauritian law The primary sources of law in Mauritius emanate from: • the written Constitution, which is the supreme law of the country; • the legislature – ie, the Parliament, which enacts laws in accordance with its power to make laws under the Constitution; • the executive, which administers the laws enacted by Parliament; • the judiciary, which interprets the laws; and • judicial precedent, legal customs, equity and doc - trine. The Mauritian court system The Mauritian judicial system consists of two tiers: the Supreme Court and the subordinate courts. At the apex of the Mauritian court system is the Supreme Court. Under the Constitution, the Supreme Court has been empowered to declare any other law that is found to be inconsistent with the Constitution as null and void, and has been conferred with the power to determine any civil or criminal proceedings, with complete independence and impartiality.
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