THE CONSTITUTION of the REPUBLIC OF MAURITIUS

1 TTHHEE CCOONNSSTTIITTUUTTIIOONN ooff tthheeRREEPPUUBBLLIICC OOFF MMAAUURRIITTIIUUSSM auritius National AssemblyMarch 2016 TTHHEE CCOONNSSTTIITTUUTTIIOONNof theRREEPPUUBBLLIICC OOFF MMAAUURRIITTIIUUSS1 THE CONSTITUTION *GN 54/1968 12 March 1968 ARRANGEMENT OF SECTIONSCHAPTERI THE STATE AND THE CONSTITUTION1 The State2 CONSTITUTION is supreme lawCHAPTER II PROTECTION OF FUNDAMENTAL RIGHTS ANDFREEDOMS OF THE INDIVIDUAL3 Fundamental rights and freedoms of the individual4 Protection of right to life5 Protection of right to personal liberty6 Protection from slavery and forced labour7 Protection from inhuman treatment8 Protection from deprivation of property9 Protection for privacy of home and other property10 Provisions to secure protection of law11 Protection of freedom of conscience12 Protection of freedom of expression13 Protection of freedom of assembly and association14 Protection of freedom to establish schools15 Protection of freedom of movement16 Protection from discrimination17 Enforcement of protective provisions17 APayment of retiring allowances to Members18 Derogations from fundamental rights and freedoms under emergency powers19 Interpretation and savingsCHAPTER III CITIZENSHIP20 Persons who became citizens on 12 March 196821 Persons entitled to be registered as citizens22 Persons born in MAURITIUS after 11 March 196823 Persons born outside MAURITIUS after 11 March 196824 Marriage to a citizen of Mauritius25 Commonwealth citizens26 Powers of Parliament27 InterpretationCHAPTER IV THE PRESIDENT AND THE VICE-PRESIDENTOF THE REPUBLIC OF MAURITIUS28 The President29 The Vice-President30 Removal of the President and the Vice-President30 APrivileges and immunities30 BOaths to be taken by the President and the Vice-President*This CONSTITUTION was originally published as the Schedule to the MAURITIUS

2 Independence Order 1968 in GN 54 of1968. The Order was complemented in the UK by the MAURITIUS Independence Act 1968. The MAURITIUS IndependenceOrder 1968 and the MAURITIUS Independence Act (UK) were last officially published in MAURITIUS in the Revised Lawsof MAURITIUS 1981 Vol. V PARLIAMENTPART I THE NATIONAL ASSEMBLY31 Parliament of Mauritius32 Speaker and Deputy Speaker33 Qualifications for membership34 Disqualifications for membership35 Tenure of office of members36 Vacation of seat on sentence36A Validity of previous elections37 Determination of questions as to membership38 Electoral Commissions39 Constituencies40 Electoral Commissioner41 Functions of Electoral Supervisory Commission and Electoral Commissioner42 Qualifications of electors43 Disqualifications of electors44 Right to vote at electionsPART II LEGISLATION AND PROCEDURE IN NATIONAL ASSEMBLY45 Power to make laws46 Mode of exercise of legislative power47 Alteration of Constitution48 Regulation of procedure in National Assembly49 Official language50 Presiding in National Assembly51 National Assembly may transact business notwithstanding vacancies52 Quorum53 Voting54 Bills.

3 Motions and petitions55 Oath of allegiance56 Sessions57 Prorogation and dissolution of ParliamentCHAPTER VI THE EXECUTIVE58 Executive authority of Mauritius59 Ministers60 Tenure of office of Ministers61 The Cabinet62 Assignment of responsibilities to Ministers63 Performance of functions of Prime Minister during absence or illness64 Exercise of President s functions65 President to be kept informed66 Junior Ministers67 Oaths to be taken by Ministers and Junior Ministers68 Direction of government departments69 Attorney-General70 Secretary to the Cabinet71 Commissioner of Police72 Director of Public Prosecutions73 Leader of Opposition73A-74 CONSTITUTION of offices75 Prerogative of mercy3 CHAPTER VIA - THE RODRIGUES REGIONAL ASSEMBLY75 AThe Rodrigues Regional Assembly75 BPowers of the Regional Assembly75 CExecutive Council75 DRodrigues Capital and Consolidated Funds75 EAlteration of certain written lawsCHAPTER VII THE JUDICATURE76 Supreme Court77 Appointment of Judges of Supreme Court78 Tenure of office of Judges of Supreme Court79 Oaths to be taken by Judges80 Courts of Appeal81 Appeals to the Judicial Committee82 Supreme Court and subordinate courts83 Original jurisdiction of Supreme Court in constitutional questions84 Reference of constitutional questions to Supreme CourtCHAPTER VIII SERVICE COMMISSIONS AND THE PUBLIC SERVICE85 Judicial and Legal Service Commission86 Appointment of judicial and legal officers87 Appointment of principal representatives of MAURITIUS abroad88 Public Service Commission89 Appointment of public officers90 Disciplined Forces Service Commission91 Appointment in the Disciplined Forces91 APublic Bodies Appeal Tribunal92 Tenure of office of members of Commissions and the Ombudsman93 Removal of certain officers94 Pension laws and protection of pension rights95 Power of Commissions in relation to

4 PensionsCHAPTER IX THE OMBUDSMAN96 Office of the Ombudsman97 Investigations by Ombudsman98 Procedure in respect of investigations99 Disclosure of information100 Proceedings after investigation101 Discharge of functions of Ombudsman102 Supplementary and ancillary provision102A CHAPTER X FINANCE103 Consolidated Fund104 Withdrawals from Consolidated Fund or other public funds105 Authorisation of expenditure106 Authorisation of expenditure in advance of appropriation107 Contingencies Fund108 Remuneration of certain officers109 Public debt110 Director of Audit4 CHAPTER XI MISCELLANEOUS111 Interpretation112 References to public office113 Appointment to certain offices114 Acting appointments115 Reappointments and concurrent appointments116 Removal from office117 Resignations118 Performance of functions of Commissions and tribunals119 Saving for jurisdiction of courts120 Power to amend and revoke instruments121 Consultation122 Parliamentary control over certain subordinate legislation_____FIRST SCHEDULE(section 31(2))SECOND SCHEDULE(section 86)THIRD SCHEDULE(sections 21(1), 24, 30B, 55, 67 and 79)FOURTH SCHEDULE[Repealed 31/00] 5 THE CONSTITUTIONCHAPTER I THE STATE AND THE CONSTITUTION1 The StateMauritius shall be a sovereign democratic State which shall be known as the REPUBLIC of MAURITIUS .

5 [Amended 48/91]2 CONSTITUTION is supreme lawThis CONSTITUTION is the supreme law of MAURITIUS and if any other law is inconsistent with thisConstitution, that other law shall, to the extent of the inconsistency, be II PROTECTION OF FUNDAMENTAL RIGHTSAND FREEDOMS OF THE INDIVIDUAL3 Fundamental rights and freedoms of the individualIt is hereby recognised and declared that in MAURITIUS there have existed and shall continue to existwithout discrimination by reason of race, place of origin, political opinions, colour, creed or sex, butsubject to respect for the rights and freedoms of others and for the public interest, each and all of thefollowing human rights and fundamental freedoms (a)the right of the individual to life, liberty, security of the person and the protection of the law;(b)freedom of conscience, of expression, of assembly and association and freedom to establishschools; and(c)the right of the individual to protection for the privacy of his home and other property andfrom deprivation of property without compensation,and the provisions of this Chapter shall have effect for the purpose of affording protection to those rightsand freedoms subject to such limitations of that protection as are contained in those provisions, beinglimitations designed to ensure that the enjoyment of those rights and freedoms by any individual does notprejudice the rights and freedoms of others or the public Protection of right to life(1)No person shall be deprived of his life intentionally save in execution of the sentence of acourt in respect of a criminal offence of which he has been convicted.

6 (2)A person shall not be regarded as having been deprived of his life in contravention of thissection, if he dies as the result of the use, to such extent and in such circumstances as are permitted bylaw, of such force as is reasonably justifiable (a)for the defence of any person from violence or for the defence of property;(b)in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;(c)for the purpose of suppressing a riot, insurrection or mutiny; or(d)in order to prevent the commission by that person of a criminal offence,or if he dies as the result of a lawful act of Protection of right to personal liberty(1)No person shall be deprived of his personal liberty save as may be authorised by law (a)in consequence of his unfitness to plead to a criminal charge or in execution of thesentence or order of a court, whether in MAURITIUS or elsewhere, in respect of acriminal offence of which he has been convicted;6(b)in execution of the order of a court punishing him for contempt of that court or ofanother court;(c)in execution of the order of a court made to secure the fulfillment of any obligationimposed on him by law;(d)for the purpose of bringing him before a court in execution of the order of a court;(e)upon reasonable suspicion of his having committed, or being about to commit, acriminal offence.

7 (f)in the case of a person who has not attained the age of 18 years, for the purpose ofhis education or welfare;(g)for the purpose of preventing the spread of an infectious or contagious disease;(h)in the case of a person who is, or is reasonably suspected to be, of unsound mind oraddicted to drugs or alcohol, for the purpose of his care or treatment or the protectionof the community;(i)for the purpose of preventing the unlawful entry of that person into MAURITIUS , or forthe purpose of effecting the expulsion, extradition or other lawful removal of thatperson from MAURITIUS or the taking of proceedings relating thereto;(j)upon reasonable suspicion of his being likely to commit breaches of the peace; or(k)in execution of the order of the Commissioner of Police, upon reasonable suspicionof his having engaged in, or being about to engage in, activities likely to cause aserious threat to public safety or public order.(2)Any person who is arrested or detained shall be informed as soon as reasonably practicable,in a language that he understands, of the reasons for his arrest or detention.

8 (3)Any person who is arrested or detained (a)for the purpose of bringing him before a court in execution of the order of a court;(b)upon reasonable suspicion of his having committed, or being about to commit acriminal offence; or(c)upon reasonable suspicion of his being likely to commit breaches of the peace,and who is not released, shall be afforded reasonable facilities to consult a legal representative of hisown choice and shall be brought without undue delay before a court; and if any person arrested or detainedas mentioned in paragraph (b) is not tried within a reasonable time, then, without prejudice to any furtherproceedings that may be brought against him, he shall be released either unconditionally or uponreasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure thathe appears at a later date for trial or for proceedings preliminary to trial; and if any person arrested ordetained as mentioned in paragraph (c) is not brought before a court within a reasonable time in order that the court may decide whether to order him to give security for his good behaviour, then, withoutprejudice to any further proceedings that may be brought against him, he shall be released unconditionally.

9 (3A) (a) Notwithstanding subsection (3), where a person is arrested or detained for anoffencerelated to terrorism ora drug offence, he shall not, in relation to such offences related to terrorism, or drugoffences as may be prescribed by an Act of Parliament, be admitted to bail until the final determinationof the proceedings brought against him, where (i)he has already been convicted of anoffence related to terrorism ora drug offence; or(ii)he is arrested or detained for anoffence related to terrorism ora drug offenceduring the period that he has been released on bail after he has been charged withhaving committed anoffence related to terrorism ora drug (b)A Bill for an Act of Parliament to prescribe the offences related to terrorism or drugoffences under paragraph (a) or to amend or repeal such an Act shall not be passed by the Assemblyunless it is supported at the final voting in the Assembly by the votes of not less than three quarters ofall the members of the Assembly.

10 (4)Where a person is detained in pursuance of any such provision of law as is referred to insubsection (1)(k) (a)he shall, as soon as is reasonably practicable and, in any case not more than 7 days afterthe commencement of his detention, be furnished with a statement in writing in alanguage that he understands specifying in detail the grounds upon which he is detained;(b)not more than 7 days after the commencement of his detention, a notification shall bepublished in the Gazettestating that he has been detained and giving particulars of theprovision of law under which his detention is authorised;(c)not more than 14 days after the commencement of his detention and thereafter duringhis detention at intervals of not more than 30 days, his case shall be reviewed by anindependent and impartial tribunal consisting of a chairman and 2 other membersappointed by the Judicial and Legal Service Commission, the chairman beingappointed from among persons who are entitled to practise as a barrister or as anattorney in MAURITIUS ;(d)he shall be afforded reasonable facilities to consult a legal representative of his ownchoice who shall be permitted to make representations to the tribunal appointed forthe review of his case;(e)at the hearing of his case by the tribunal, he shall be permitted to appear in person orby a legal representative of his own choice and, unless the tribunal otherwise directs,the hearing shall be held in public;(f)at t