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

2 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 Independence Order 1968 in GN 54 of1968.

3 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

4 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, 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

5 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

6 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 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

7 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 .

8 [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.

9 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.

10 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.(2)A person shall not be regarded as having been deprived of his life in contrav