Mauritius

Population Statistics

1,339,827

Total Population

200,974

Population with a disability

according to World Health Organization’s 15% estimate

Election Dates

31
dec

Mauritian National Assembly 2024

2024

08 January 2010

Ratified the Convention on the Rights of Persons with Disabilities


Consitution of the Republic of Mauritius (1968, last amended 2000)

Updated: June 2015

Section 28, subsection 7 states:

Where the office of President is vacant, or the President is absent from Mauritius or is for any other reason unable to perform the functions of his office, those functions shall be performed –

  • (a) by the Vice-President; or
  • (b) where there is no Vice-President –
    • (i) elected under section 29(2) or (7); and
    • (ii) able to perform the functions of the office of President, by the Chief Justice.

 

Section 29, subsection 7, part (a) states:

Where  the  office  of  Vice-President  is  vacant,  or  the  Vice-President  is  absent  from Mauritius  or  is  for  any  other  reason  unable  to  perform  the  functions  of  his  office,  those functions  may  be  performed  by  such  person  as  may  be  elected  by  the  Assembly  in  the manner specified in section 28(2)(a)(i).

 

Section 30 states:

(1) The President or the Vice President may be removed from office in accordance with this section for:…

  • (b) inability to perform his functions whether arising from infirmity of mind or body or from any other cause.

(2)  Where the President fails to comply with section 46(2), he may be removed from office on a motion made by the Prime Minister in the Assembly and supported by the votes of a majority of all the members of the Assembly.

(3)  The  President  or  the  Vice-President  shall  not  be  removed  from  office  for  any  other  cause unless –

  • (a)  a  motion  that  the  circumstances  requiring  the  removal  of  the  President  or  the  Vice-President be investigated by a tribunal is made in the Assembly by the Prime Minister;
  • (b) the motion states with full particulars the ground on which the removal of the President or the Vice-President is sought;
  • (c) the motion is supported by the votes of not less than two-thirds of all the members of the Assembly;
  • (d)  the  tribunal,  after  its  investigation,  forwards  a  written  report  on  the investigation addressed to the Assembly and delivered to the Speaker and recommends the removal of the President or the Vice-President; and
  • (e) subject to paragraph
  • (f), a motion made by the Prime Minister and supported by the votes of a majority of all the members of the Assembly requires the removal of the President or the Vice-President on a recommendation to that effect by the tribunal…

 

Section 32, subsection 3 states:

The office of the Speaker or the Deputy Speaker shall become vacant:…

  • (b) where he:…
    • (ii) is adjudged to be of unsound mind or is detained as a criminal lunatic under any law in force in Mauritius…

 

Section 33 states:

Subject to section 34, a person shall be qualified to be elected as a member of the Assembly if, and shall not be so qualified unless, he…(d) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly.

 

Section 34, subsection 1 states:

No person shall be qualified to be elected as a member of the Assembly who…

  • (e) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in Mauritius...

 

Section 43 states:

No person shall be entitled to be registered as an elector who:…

  • (b) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in Mauritius…

 

Section 44, subsection 1 states:

Any person who is registered as an elector in a constituency shall be entitled to vote in such manner as may be prescribed at any election for that constituency unless he is prohibited from so voting by any law in force in Mauritius because – …

  • (b) he has been concerned in any offence connected with elections: Provided  that  no  such  person  shall  be  entitled  so  to  vote  if  on  the  date  prescribed  for polling he is in lawful custody or (except in so far as may otherwise be prescribed) he is for any other reason unable to attend in person at the place and time prescribed for polling.

 

Section 60, subsection 5 states:

Where for any period the Prime Minister or any other Minister is unable by reason of section 36(1) to perform his functions as a member of the Assembly, he shall not during that period perform any of his functions as Prime Minister or Minister, as the case may be.

 

Section 63 states:

(1) Where the Prime Minister is absent from Mauritius or is by reason of illness or of section 60(5) unable  to  perform  the  functions  conferred  on  him  by  this  Constitution,  the  President  may,  by directions in writing, authorise the Deputy Prime Minister or, in his absence, some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the President.

(2)  The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided  that  where  the  President,  acting  in  his  own  deliberate  judgment,  considers  that  it  is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister´s absence or  illness,  or  where  the  Prime  Minister  is  unable  to  tender  advice  by  reason  of  section  60(5),  the President may exercise those powers without that advice and in his own deliberate judgment.

 

Section 69, subsection 5 states:

Where the person holding the office of Attorney-General is for any reason unable to exercise the functions conferred upon him by or under any law, those functions may be exercised by such other person, being a person entitled to practise as a barrister in Mauritius (whether or not he is a member  of  the  Assembly),  as  the  President,  acting  in  accordance  with  the  advice  of  the  Prime Minister, may direct.

 

Section 77 states:

…(5)    Where the office of Chief Justice is vacant or the person holding that office is for any reason unable to perform the functions of the office, those functions shall be discharged by such one of the other Judges of the Supreme Court as may be designated in that behalf by the President acting in accordance with the advice of the person holding the office of Chief Justice: Provided that if the office of Chief Justice is vacant or if the person holding that office is on leave of absence, pending retirement, or if the President, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of that person owing to that person´s absence or illness, the President shall act after consultation with the Prime Minister.

(6)   Where the office of Senior Puisne Judge is vacant or the person holding that office is acting as Chief Justice or is for any reason unable to perform the functions of the office, such one of the Judges of the Supreme Court as the President, acting in accordance with the advice of the Chief Justice, may appoint shall act in the office of Senior Puisne Judge.

(7)   Where the office of any Puisne Judge is vacant or where a person holding the office of Puisne Judge is acting as Chief Justice or as Senior Puisne Judge or is for any reason unable to perform the functions of his office or where the Prime Minister, having been informed by the Chief Justice that the state of business in the Supreme Court requires that the number of Judges should be temporarily increased and having consulted with the Chief Justice, request the President to appoint an additional Judge,  the  President,  acting  in  accordance  with  the  advice  of  the  Judicial  and  Legal  Service Commission, may appoint a person qualified for appointment as a Judge of the Supreme Court to act as a Puisne Judge of that court: Provided that a person may act as a Puisne Judge notwithstanding that he has attained the age prescribed for the purposes of section 78(1)...

 

Section 78 states:

…(2)   A Judge of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with subsection (3).

(3) A  Judge  of  the  Supreme  Court  shall  be  removed  from  office  by  the  President  where  the question of removing him from office has, pursuant to subsection (4), been referred to the Judicial Committee and the Judicial Committee has advised that the Judge ought to be removed from office for inability or misbehaviour.

(4)   Where the Chief Justice or, in relation to the removal of the person holding the office of Chief Justice, the President considers that the question of removing a Judge of the Supreme Court from office for inability or misbehaviour ought to be investigated –

  • (a) the President shall appoint a tribunal, which shall consist of a chairman and not less than 2  other  members,  selected  by  the  President  from  among  persons  who  hold  or  have  held office  as  a judge of  a  court  having  unlimited jurisdiction in civil and criminal matters in some  part  of  the  Commonwealth  or  a  court  having  jurisdiction in appeals  from  any  such court;
  • (b)  the  tribunal  shall  enquire  into  the  matter  and  report  on  the  facts  to  the  President  and recommend to the President whether the question of removing the judge from office should be referred to the Judicial Committee; and
  • (c) where the tribunal so recommends, the President shall refer the question accordingly.

(5)   Where the question of removing a Judge of the Supreme Court from office has been referred to a tribunal under subsection (4), the President may suspend the Judge from performing the functions of his office; and any such suspension may at any time be revoked by the President and shall in any case cease to have effect –

  • (a) where the tribunal recommends to the President that he should not refer the question of removing the Judge from office to the Judicial Committee; or
  • (b)  where  the  Judicial  Committee  advises  that  the  Judge  ought  not  to  be  removed  from office.

(6) The  functions  of  the  President  under  this  section  shall  be  exercised  by  him  in  his  own deliberate judgment…

 

Section 85, subsection 3 states:

Where the office of the appointed member [of the Judicial and Legal Service Commission] is vacant or the appointed member is for any reason unable to perform the functions of his office, the President, acting in accordance with the advice of the Chief Justice, may appoint a person qualified for appointment as such a member to act as a member of the Commission and any person so appointed shall continue to act until his appointment is revoked by the President, acting in accordance with the advice of the Chief Justice.

 

Section 88 states:

(3) Where the office of Chairman of the Public Service Commission is vacant or the Chairman is for any reason unable to perform the functions of his office, those functions shall be performed by such  one  of  the  Deputy-Chairmen  or Commissioners  of  the  Commission  as  the  President  may appoint.

(4)  Where  at  any  time  there  are  less  than  3  Commissioners  of  the  Public  Service  Commission besides the Chairman or where any such Commissioner is acting as Chairman or is for any reason unable  to  perform  the  functions  of  his  office,  the  President  may  appoint  a  person  qualified  for appointment as a Commissioner of the Commission to act as a Commissioner, and any person so appointed shall continue to act until his appointment is revoked by the President…

 

Section 90, subsection 3 states:

Where  at  any  time  there  are  less  than  2  Commissioners  of  the  Disciplined  Forces  Service Commission besides the Chairman or where any such Commissioner is for any reason unable to perform  the  functions  of  his  office,  the  President  may  appoint  a  person  who  is  qualified  for appointment as a Commissioner of the Commission to act as a Commissioner, and any person so appointed shall continue to act until his appointment to act is revoked by the President.

 

Section 92 states:

…(2)   A Commissioner may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section.

(3)    A  Commissioner  shall  be  removed  from  office  by  the  President  where  the  question  of  his removal  from  that  office  has  been  referred  to  a  tribunal  appointed  under  subsection  (4)  and  the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(4)    Where  the  President,  acting  in  his  own  deliberate  judgment, considers  that  the  question  of removing a Commissioner ought to be investigated – (a) the President, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a chairman and not less than 2 other members, being persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or of a court having jurisdiction in appeals from such a court; and (b) that tribunal shall enquire into the matter and report on the facts to the President and recommend  to  the  President  whether  the  Commissioner  ought  to  be  removed  under  this section.

(5)   Where  the  question  of  removing  a  Commissioner  has  been  referred  to  a  tribunal  under  this section, the President, acting in his own deliberate judgment, may suspend the Commissioner from performing the functions of his office and any such suspension may at any time be revoked by the President, acting in his own deliberate judgment, and shall in any case cease to have effect if the tribunal recommends to the President that the Commissioner should not be removed.

(6)   The offices to which this section applies are those of appointed member of the Judicial and Legal  Service  Commission,  Chairman  or  Commissioner  of  the  Public  Service  Commission  and Commissioner of the Disciplined Forces Service Commission: Provided  that,  in  its  application  to  the  appointed  member  of  the  Judicial  and  Legal  Service Commission,  subsection  (4)  shall  have  effect  as  if  for  the  words  'acting  in  his  own  deliberate judgment'  there  were  substituted  the  words  'acting  in  accordance  with  the  advice  of  the  Chief Justice'.

(7)    This  section  shall  apply  to  the  office  of  Ombudsman  as  it  applies  to  a  person  specified  in subsection (6): Provided that subsection (1) shall have effect as if the words '4 years' were substituted for the words '3 years'.

 

Section 93 states:

(1)  Subject to this section, a person holding an office to which this section applies shall vacate that office on attaining the retiring age.

(2)   Any such person may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section.

(3)   Any such person shall be removed from office by the President if the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.

(4)   Where the appropriate Commission considers that the question of removing any such person ought to be investigated – (a) the President, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a chairman and not less than 2 other members, being persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and (b) that tribunal shall enquire into the matter and report on the facts to the President and recommend to the President whether he ought to be removed under this section.

(5)   Where  the  question  of  removing  any  such  person  has  been  referred  to  a  tribunal  under  this section, the President, acting in his own deliberate judgment, may suspend him from performing the functions of his office and any such suspension may at any time be revoked by the President, acting in  his  own  deliberate  judgment,  and  shall  in  any  case  cease  to  have  effect  if  the  tribunal recommends to the President that he should not be removed.

(6)    The  offices  to  which  this  section  applies  are  those  of  Electoral Commissioner,  Director  of Public Prosecutions, Commissioner of Police, and Director of Audit…

 

Section 114, subsection 2 states:

Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office where the holder of the office is himself unable to perform those functions,  no  such  appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.

 

Excerpts from the Constitution of the Republic of Mauritius (1968, last amended 2000)

Rodrigues Regional Assembly Act

Updated: June 2015

Section 6 states:

(1) Subject  to  subsection (2),  a  person  shall  be  qualified  to  be  elected  as  a  member of  the Regional Assembly if, and shall not be so qualified unless, he -…

  • (d) is  able to speak and, unless incapacitated by blindness or other physical cause, to read the English  and  French  languages with  a  degree  of  proficiency  sufficient  to  enable  him  to take  an active part in the proceedings of the Assembly.

(2) No person shall be qualified to be elected as a member of the Regional Assembly who -…

  • (e) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in Mauritius…

 

Section 58 states:

(1)  Where  the  Chairperson of  the  Regional  Assembly  is  unable  to  attend  a  meeting  of the Regional Assembly, the Deputy Chairperson of the Regional Assembly shall preside with the same powers  and  authority as the Chairperson of the Regional Assembly, except that he shall retain the right to vote and may also exercise the right of a casting vote.

(2) Where both the Chairperson and Deputy Chairperson of the Regional Assembly are unable to attend a meeting of the Regional Assembly, the Members present shall elect one of their number, not  being  a  member of  the  Executive  Council,  to  preside  at  that  meeting  and the  Member  so elected shall retain the right to vote and may also exercise the right of a casting vote.

 

Excerpts from the Rodrigues Regional Assembly Act (2006)

National Assembly Elections Regulation

Updated: June 2015

Regulation 18, paragraph 3 states:

(a) Each candidate may, in addition to the polling agents appointed by him under paragraph  (1)  of  this  regulation,  appoint  one  alternate  polling  agent  who  shall,  whenever  a substantive  palling  agent  is  incapable of  acting  as  such  and  upon  notice  being  given  by  the candidate to the returning officer or the senior presiding officer, be entitled to replace any such substantive polling agent (b)  If any polling agent (whether substantive or alternate) dies or becomes incapable of acting as such, the candidate may, before the opening of the poll or within two hours of such opening and subject to notice being given to the returning officer, appoint another polling agent in the place of any such agent.

 

Regulation 46, paragraph 3 states:

If a counting agent dies or becomes incapable of acting as such the candidate may appoint another counting agent in his place and shall immediately give to the returning officer notice in writing of the name and address of the counting agent so appointed.

 

Excerpts from the National Assembly Elections Regulation (1968)

Local Government Act

Updated: June 2015

Section 15 states:

Subject to section 16, a person shall be qualified to be elected as a Municipal City Councillor, Municipal Town Councillor or Village Councillor where he is –…

(b) able to speak and, unless incapacitated by blindness or other physical cause, to read the English and French languages with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the respective Council.

 

Section 16 states:

No person shall be qualified to be elected, or nominated, as a Municipal City Councillor, Municipal Town Councillor or Village Councillor or, having been so elected or nominated, shall sit or vote at a meeting of that authority where he...

(f) has been adjudged to be of unsound mind…

 

Section 32 states:

At any meeting requiring to be chaired by a Senior Councillor, the Chief Executive shall, before the start of the meeting, designate –…

(b) where the Senior Councillor is, for any reason, unable or unwilling to preside the meeting, the next eligible and willing Councillor with the highest percentage of votes…

 

Excerpts from the Local Government Act (2011)