MAURITIUS Law and Practice Contributed by: André Robert and Mushtaq Namdarkhan, BLC Robert & Associates
BLC Robert & Associates 2nd Floor, The Axis 26 Bank Street Cybercity Ebene 72201 Mauritius
Tel: +230 403 2400 Fax: +230 403 2401 Email: chambers@blc.mu Web: www.blc.mu
1. General 1.1 General Characteristics of the Legal System Mauritius has a hybrid legal system, reflecting its past colonisation by both France and Great Brit- ain. The main areas of private law are based on a civilian model and contained in French-inspired codes that were enacted in the early nineteenth century (Civil Code and Commercial Code). At the same time, a French-inspired Code of Civil Procedure was also enacted. The substantive criminal law was also originally based on a Crim- inal Code enacted by the French administration – it is still in force today, although it has been amended over the years. As the island lived under British rule after its independence in 1968, it adopted a Westmin- ster style of passing legislation; and several English-inspired statutes were enacted, such as, the Companies Act. As a general rule, matters of evidence and criminal procedure also follow English rules. It is commonplace for judges and magistrates to refer to both English and French sources of law for guidance, in the appropri- ate contexts, when applying Mauritian law to a case. In cases involving the interpretation of the Companies Act and Insolvency Act, judges also
refer to jurisprudence from Australia and New Zealand. Trials are conducted in an adversarial manner. Submissions at first instance are made orally but it is not uncommon, at the discretion of the trial judge or magistrate, to require written sub- missions after evidence has been adduced. In appeals before the Supreme Court, applications made under the Supreme Court (International Arbitration Claims) Rules 2013 and appeals before the Judicial Committee of the Privy Coun- cil, skeleton arguments are required to be filed in advance of the hearings, and are supplemented Section 76 of the constitution provides that there will be a Supreme Court for Mauritius having unlimited jurisdiction to hear any civil or crimi- nal proceedings under any law other than a dis- ciplinary law, and such jurisdiction and powers as may be conferred upon it by the constitution or any other law. The Supreme Court consists of the chief justice, the senior puisne judge and other puisne judges. The Supreme Court also exercises appellate jurisdiction over the lower courts. by oral submissions. 1.2 Court System
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