The Organisation of courts in Mauritius Flashcards
Organization of Courts/The Judiciary
Hierarchy of Courts in Mauritius
- The Judicial Committee of The Privy Council
- The court of appeal : the civil court of appeal and the criminal court of appeal
- The Supreme Court
- The Intermediate Court
- The industrial Court
- The District Court
- The Court of Rodrigues
- The Bail and Remand Court
- The Juvenile Court
The Judicial Committee of the Privy
Council
-When Mauritius became a British colony in 1810, it was
proclaimed that any litigant in a court case could appeal to His majesty’s Council provided the subject matter involved exceeded 4000 piastres.
-After independence in 1968 and on its becoming a Republic in 1992, Mauritius deemed it fit to maintain the Judicial Committee of the Privy Council as its highest court of appeal.
-Appeals to the Judicial Committee from decisions of the Court of Appeal or the Supreme Court may be as of right or with the leave of the Court, as set out in s. 81 Constitution and s. 70A Courts Act. The Judicial Committee may also grant special leave to appeal from the decision of any court in any civil or criminal matter (s.81(5) Constitution).
-The procedure for appeal to the Judicial Committee is provided by the Mauritius (Appeals to Privy Council) Order 1968.
The Supreme Court of Mauritius
-Composition:
The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and such number of Puisne Judges as may be prescribed by Parliament. Presently, there are 17 Puisne Judges. (s.76 (2) Constitution)
-Appointment:
The Chief Justice is appointed by the President acting after consultation with the Prime Minister, the Senior Puisne Judge by the President acting in accordance with the advice of Chief Justice and the Puisne Judges by the President acting in accordance with the advice of the Judicial and Legal Service Commission. (s.77 of
the Constitution).
-Tenure of office:
A judge of the Supreme Court holds office until retirement at the age of 62. A judge may be removed from office for inability to perform the functions of his office or for misbehavior. He shall be removed from office by the President where the question of removal has been referred to the Judicial Committee which has
advised accordingly (s. 78 of the Constitution).
-Jurisdiction:
1.The Supreme Court has unlimited jurisdiction to hear and determine any civil or criminal proceedings under any law other than a disciplinary law and such jurisdiction and powers as may be conferred upon it by the Constitution or any other law. (s. 76(1) Constitution).
2.It is a superior court of record (s. 15 Courts Act). It is the principal court of original civil and criminal jurisdictions. It exercises general powers of supervision over all District, Intermediate and Industrial Courts and other special courts (ss. 34 and 38 Courts Act and s. 82
Constitution).
3.The Supreme Court is also a Court of Equity vested with powers, authority, and jurisdiction to administer justice and to do all acts for the due execution of such equitable jurisdiction, in all cases where no legal remedy is provided by any enactment. (s.16 Courts Act).
4. S.83 of the Constitution provides that the Supreme Court has original jurisdiction in the interpretation of the Constitution.
5.Where a question as to the interpretation of the Constitution arises in any Court established for Mauritius (other than the Court of Appeal, the Supreme Court, or a Court Martial) and the Court is of the opinion that the question involved a substantial question of law, that Court shall refer the matter to the Supreme Court. (s. 84 Constitution).
-Disciplinary Powers:
The Supreme Court has power and jurisdiction to hear and determine any complaint of a disciplinary nature in respect of the professional conduct of a law practitioner or a ministerial officer including a land surveyor.
-Judge in Chambers:
1.S.71 Courts Act sets out the matters which may be
disposed of by the Judge sitting in Chambers.
2.A judge may, whether in term or in vacation, grant an
injunction subject to a motion to the Court to set aside the injunction.
3.A Judge in Chambers is empowered to hear an application for a rule or summons to show cause. (S. 74 Courts Act).
The Supreme Court of Mauritius
:Appellate Jurisdiction
The Supreme Court has full power and jurisdiction to hear and determine all appeals, whether civil or criminal, made to the Court from:-
-a judge in the exercise of his original jurisdiction;
-the Bankruptcy Division;
-the Master and Registrar;
-the Intermediate Court;
-the Industrial Court;
-a Magistrate; and
-any other court or body established under any other
enactment
(s. 69 of the Courts Act)
Appeals are heard before at least 2 judges (s. 70 Courts Act)
The Supreme Court of Mauritius
Divisions of the Supreme Court
- The Court of Civil Appeal;
- The Court of Criminal Appeal; and
- The Bankruptcy Division
The Court of Civil Appeal
- The Court of Civil Appeal is a division of the Supreme Court and is composed of the Judges of the Supreme Court presided by the Chief Justice or the Senior Puisne Judge (s. 80 Constitution and s. 2 Court of Civil Appeal Act).
- Any party may appeal against a judgment or order of a Judge sitting alone in the exercise of his original civil jurisdiction. Such appeals are governed by the Court of Civil Appeal Act.
The Court of Criminal Appeal
- The Court of Criminal Appeal is a division of the Supreme Court and is duly constituted by 3 judges presided over by the Chief Justice or the Senior Puisne Judge (s. 80 Constitution).
- A person convicted before the Supreme Court may appeal under the Criminal Appeal Act against his conviction or sentence.
The Bankruptcy Division
- The Bankruptcy Division is a division of the Supreme Court. It has jurisdiction relating to all matters of bankruptcy, insolvency or the winding up of companies. The said jurisdiction is vested in and is exercised by the Master and Registrar concurrently with the Judges (s. 62 Courts Act).
- The constitution, procedure and powers of the Bankruptcy Division are set out at Part VI of the Bankruptcy Act.
- Any person may within 21 days of the decision, appeal to the Supreme Court, against a judgment or order of the Bankruptcy division (s. 104 Bankruptcy Act).
Master and Registrar
-The Master and Registrar is an officer of the Supreme
Court and shall be a barrister of at least 5 years standing.
-His/her duties consist in the taxing of costs, to conduct and manage judicial sales, probate of wills and the matters connected therewith, interdictions and local examinations and to deal with matters of audit, inquiry, and accounts and generally, all such matters as may be referred to him by the Chief Justice or the Judges. (s. 19 of the Courts Act).
Deputy Master and Registrar
There is a Deputy Master and Registrar who shall have all the powers of the Master and Registrar and Judge in
Bankruptcy.
The Intermediate Court
The Intermediate Court was established by s. 80 Courts Act. It is a court of record which has civil and criminal jurisdiction in all districts in such cases and matters and to such extent as provided by the Courts Act.
-It consists of a President and such number of Magistrates as may be established under the Civil Establishment Act. At present, there are 12 magistrates.
-No person shall be eligible for appointment to the office of Magistrate unless he is a barrister admitted to practice and has at least 2 years standing at the bar (s. 119 Courts Act).
-A Magistrate is appointed by the Judicial and Legal Service Commission (s.86 Constitution).
- A hearing before Intermediate Court takes place –
(a) before 2 Magistrates,
or (b) before one Magistrate, with the consent of the parties, in such category of cases as the Chief Justice may, by directions in writing to the Court, authorize (s. 85 Courts Act).
-In the event of a difference of opinion between 2 Magistrates, the trial shall be started anew before 3 Magistrates (s. 85(3) Courts Act).
The Intermediate Court:
-Right of Audience:
In any proceeding before the Intermediate Court, any party to the proceedings with leave of the Court and a person authorized under the Law Practitioners Act 1984 may address the court.
-Jurisdiction:
+Civil Jurisdiction
The Intermediate Court has jurisdiction in all civil cases where the sum or matter in dispute does not exceed the prescribed amount (Rs500,000). (Section 104 of the Courts Act).
+Criminal Jurisdiction
The Intermediate Court has criminal jurisdiction in all districts in matters which the Director of Public Prosecution may refer to it as provided by s. 112 Courts
Act. It can award against any person penal servitude for a period not exceeding 8 years or imprisonment not exceeding 5 years. (s. 113 Courts Act).
+Appeal
An appeal against any final judgment of the Intermediate Court lies to the Supreme Court. A notice of appeal must be given within 21 days from the date
of judgment. [ss. 36 and 37 District and Intermediate Court (Civil Jurisdiction) Act; ss. 92 to 100 District and Intermediate Court (Criminal Jurisdiction) Act].
The Industrial Court
- The Industrial Court was established by section 3 of the Industrial Court Act. It has exclusive civil and criminal jurisdiction to try any matter arising out of the enactments set out in the 1st schedule of the Act or of any regulations made under those enactments (which relate to labour laws).
- The Industrial Court is composed of two Magistrates who are appointed by the Judicial and Legal Service Commission (s. 86 Constitution).
- Any person against whom judgment has been given may appeal subject to the same conditions as appeals from a decision of a District Magistrate (s. 11 Industrial Court Act).
- There is a reviewing authority who is the Chief Justice or such other judge as he may depute (s. 12 Industrial Court Act).
District Court
- S. 93 Courts Act established a court in every district known as a District Court and it is a court of record having limited jurisdiction in civil and criminal matters. It may sit in several divisions as directed by the Chief Justice.
- Each District Court is presided by a Magistrate known as a District Magistrate (s. 94 Courts Act).
- No person is eligible for appointment to the office of Magistrate unless he is a barrister admitted to practice and has at least 2 years standing at the bar (s. 119 Courts Act). A Magistrate is appointed by the Judicial and Legal Service Commission.
District Court: Civil Jurisdiction
A District Court has jurisdiction in all cases where the sum or matter in dispute does not exceed the prescribed amount (Rs50,000) (s. 104 Courts Act).
