The Government System of Mauritius

Mauritius is a small island-nation located in the Indian Ocean near to the coast of East Africa. The nearest country is Madagascar and closer yet is the small island of Reunion, which is a French overseas department. The capital city is Port Louis located on the island’s coast in the northwest. Mauritius as well as including its main island also includes a few disparate much smaller islands such as Rodrigues, Agalega, and St. Brandon. The island nation is geographically a part of the Mascarene Islands alongside Reunion.  

The uninhabited island was first thought to have been discovered by Arab sailors who named it Dina Arobi, but the first recorded visit was not until 1507 by Portuguese sailors. They established a visiting base but were largely uninterested in the island and soon left.  

The Dutch later arrived in 1598 via a squadron under Admiral Wybrand Van Warwyck who named the island Mauritius after Prince Maurice of Nassau of the Dutch Republic. They first inhabited the island from 1638 where they used the ebony trees there and also introduced sugarcane, domestic animals and deer. Abel Tasman, a Dutch navigator, set out from the island and mapped parts of Tasmania, New Zealand, and New Guinea. Slaves were brought to the island from Madagascar in 1639 by the Dutch East India Company who made them cut down ebony trees and work on tobacco and sugarcane plantations. The Dutch settlement there lasted for two decades. The Dutch attempted to make the island into a successful colony but failed to meet economic demands to sustain it and so abandoned the island in 1710.  

An article in an English newspaper in 1755 claimed that the failure of the Dutch colony was due to the excessive number of long-tailed Macaque monkeys, previously introduced by the Portuguese sailors coming from Southeast Asia before the Dutch had arrived, which had destroyed everything.  

The French, who already controlled the nearby island of Reunion by this time, took Mauritius in 1715 calling it Isle de France and had it administered by the French East India Company. The island developed a prosperous economy based on sugar production, Port Louis was established as a naval base and shipbuilding centre, and numerous buildings were built. The French brought slaves to the island from nearby Mozambique and Zanzibar, causing a rapid increase in the island’s population over the next three decades.  

By the later 18th Century slaves brought from Africa made up 80% of the island’s population. After 1767, apart from a brief period where people set up a government basically independent of France during the French Revolution, the island came under the control of officials directly appointed by the French government.  

During the Napoleonic Wars Mauritius was used as a base by French corsairs who launched successful raids against British commercial ships. The British eventually responded to these aggressions in 1810 with a Royal Navy expedition led by Commodore Josias Rowley, with the aim of capturing the island. Although the French won the Battle of Grand Port, they were unable to prevent the British from landing three months later. The island was formally surrendered during the 5th day of the invasion, on an agreement that settlers were allowed to keep their land and property, to keep using the French language, and French law in criminal and civil matters.  

The British reverted the island’s name back to Mauritius and Sir Robert Farquhar became the first Governor under British imperial administration, he introduced rapid social and economic changes. During this time Ratsitatane, nephew of King Radama of Madagascar, was brought to the island as a political prisoner, but he escaped and attempted to start a slave rebellion, but was betrayed, caught, and executed without trial. His head was put on display to deter future slave rebellions.  

The first independent newspaper outside of British control was founded on the island in 1832. There was an attempt to abolish slavery without giving compensation to slave owners, but discontent against this led to the British demanding the islanders surrender their arms, and a fortress was also built to further deter any uprising. Slavery was eventually abolished over several years and the slave owners received monetary compensation for the loss of their slaves.  

After slavery was abolished sugarcane plantation owners turned to indentured labourers from India, they also worked within factories, transport sector and on construction sites. It was the first British colony to become a major reception point for indentured servants. These indentured servants would lead to Indo-Mauritians becoming the largest grouping on the island.   

From 1828 people of colour were allowed to hold offices of power, but despite this the British Governors mostly did not give people of colour much power and continued to appoint white officials. Remy Ollier, a journalist, played a big role in getting the right for people of colour to be on the Government council, and helped to make it so Port Louis became a municipality so that its people could administer the settlement through their own elected representatives.  

A new constitution was introduced in 1885 that incorporated principles advocated for by Creole leaders, it created an elected Legislative Council, although it would mostly be restricted to whites and fair-skinned Indian elite who owned real estate. Gnanadicarayen Arlanda became the first Indo-Mauritian member of the Council.  

Two political parties became popularly active during this time, one that supported the British Governor John Pope Hennessy known as the Reform Party and one that was not in support of the current British Governor who were the Democrats.  

Due to the work of a German man called Adolph von Plevitz, Indian labourers were able to create a petition to the British Governor over unfair treatment that would lead to an inquiry that would gradually improve the working conditions for these people. Gandhi also visited the island in 1901 and encouraged Indo-Mauritians to pursue education and politics. He would also send over a lawyer called Manilal Doctor who would help the Indo-Mauritians on a legal level on the island.  

Through the early 1900s the island experienced improvements in its infrastructure, links, and technology, such as radio, the introduction of motorcars and taxis, and introduction of electricity. But political divisions also were growing, as a more educated middle class begun to challenge the political power of sugarcane plantation owners. One of the biggest demands was for more people to be allowed to vote. Rioting broke out in 1911 over the false belief that one of the leaders of this growing movement, Dr. Eugene Laurent, had been murdered by oligarchs.  

During World War I Mauritius actually experienced a period of prosperity due to a boom in sugar prices, but following the war there was a recession due to a sharp drop in sugar prices causing many sugar estates to close down, which also served to diminish the power of sugar magnates on the island to an extent. In 1926 the first two Indo-Mauritians were elected to the Legislative Council.  

The Labour Party was founded in 1936 which pursued the interests of the working class. Riots in 1937 led to reforms that improved labour conditions and also allowed labour unions to operate. Despite reforms, strikes were still dealt with harshly, such as deporting and house arresting prominent figures and the jailing of many strikers. The British Governor also assisted sugar magnates by bringing in alternative workers.  

World War II for Mauritius was harsher, and many Mauritians went abroad to fight under the British flag in a number of theatres. Several British ships were sunk outside Port Louis by German Uboats in 1943. The war brought up the price of commodities which was barely supplemented by a rise in wages, unrest eventually followed and the British authorities banned trade union activity. Strikes went ahead nonetheless. During the strikes four labourers were shot dead by authorities.  

Following World War 2 a new constitution was adopted in 1947 and in the subsequent general elections the colonial government abolished gender and property qualifications and allowed all adults to vote as long as they could write their name in one of the island’s nineteen languages. Although the Labour Party won the majority of votes and 11 seats, the British Governor appointed 12 Conservatives to the Legislative Council to maintain the predominance of white Franco-Mauritians.  

After the Labour Party improved its position in 1953 they demanded the right of universal suffrage, which was obtained in 1959, and the general election was again won by the Labour Party. Although Mauritius path towards a fairer democracy was running along at pace, ethnic tensions remained, including the outbreak of racial riots in 1965 which led to a nationwide state of emergency to be declared.  

During the Lancaster Conference in 1965 Britain indicated that it wanted to give independence to the island and following this it removed the Chagos Archipelago from Mauritius and incorporated it into the British Indian Ocean Territory, something that Mauritius has continued to dispute post-independence. In 1966 three parties, including the Labour Party, united into the Independence Party and won the largest number of seats in the 1967 election, securing independence. The prospect of independence led to riots in 1968 between Christian creoles and Muslims over concerns on future political dispensation following independence, killing at least 29.   

Mauritius adopted a new constitution and was granted independence in March 1968, although the British Monarch remained Head of State. A time of further political unrest and ethnic tensions followed, especially with the creation of a new opposition party (Mauritian Militant Movement), the leading coalition government that included the Labour Party begun to curtail civil liberties and curb freedom of the press in response. A state of emergency was also declared over strikes. The next general election ended up being postponed and public meetings were also prohibited as political tensions continued. Things eventually stabilised to a degree.  

A student revolt in 1975, caused by dissatisfaction with the education system and changes to allow the right to vote for those as young as 18 in December of that year is thought to have been a way to appease them. The period after elections in 1983 saw the spread of industrialization and the sugar industry further losing its hold on the economy. In 1990 the Government lost a vote to transition to a Republic.  

The country would eventually become a Republic in March 1992 nonetheless, and the last Governor-General, Sir Veerasamy Ringadoo, became the first President under a transitional agreement where he would later be replaced by Cassam Uteem. The Prime Minister maintains prime political power. The country, although having faced some unrest at points, has continued on a reasonably stable democratic path.  

Mauritius disputes sovereignty over the island of Tromelin with France as the island was not mentioned in the Treaty of Paris. The country also disputes British sovereignty over the Chagos Archipelago, which the British had made a part of the British Indian Ocean Territory, forcibly expelling the local population and leasing the largest island, Diego Garcia, to the United States. The UK has continued to bar entry to the islands. The International Court of Justice issued an advisory opinion in 2019 that ordered the UK to return the Chagos Islands to Mauritius as soon as possible to complete the decolonisation of Mauritius, so far, the UK has made no moves to comply with this.  

Mauritius constitution does not state an official language apart from English being the official language of the National Assembly, but any member can also address the chair in French. English and French are considered de facto national and common langauges, while Mauritian Creole is spoken by the majority of the population.  

The largest ethnic group are Indo-Mauritians, followed by Mauritian Creoles. Hinduism is the largest religion, there are also a significant number of Catholics and Muslims. The official currency is the Mauritian rupee. The country’s population is over 1,274,700. 

Government Type  

Mauritius is a Semi-Presidential Parliamentary Representative Democratic Republic. There is a President who is Head of State although is more of a figurehead position, and the Prime Minister who is the Head of Government and wields prime political power. The legislative includes a unicameral chamber called the National Assembly. Multiple parties are allowed. The Militant Socialist Movement is the largest party as of writing this and leads a coalition government, the second largest party is the Labour Party. As it stands parties that hold seats in the National Assembly are largely centre-left, including in opposition.  

Mauritius’ Constitution recognises Commonwealth citizens.  

The island of Rodrigues has its own elected regional assembly which itself has an Executive Council. They have reserved areas over their own local laws and finances. An alteration to the Constitution that affects this must be consented to by this regional council unless the amendment was passed by a majority of two-thirds of all the members of the National Assembly.  

The Executive Government  

The President is the Head of State and has a number of powers and duties. The President is assisted by a Vice-President. The President is the Commander-in-Chief of the country’s armed forces. It is the duty of the President to uphold and defend the Constitution, as well as protect the institutions of democracy and rule of law, ensure the respect of fundamental rights, and that the unity of the diverse Mauritian nation is maintained and strengthened.  

The President holds the Prerogative of Mercy, this means the President may grant to any person convicted of any offense a pardon, either free or subject to lawful conditions; grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offense; substitute a less severe form of punishment for any punishment imposed on any person for any offense; remit the whole or part of any punishment imposed on any person for an offence or of any penalty or forfeiture otherwise due to the State on account of any offence.  

There is a Commission on the Prerogative of Mercy that the President acts in the advice of, with the choice of asking for a reconsideration, and then following any such advice. It consists of a Chairman and not less than 2 other members appointed by the President on his/her own judgement, he/she may remove and replace them.  

Ambassadors, High Commissioners, and other principal representatives of the country to foreign states and international organisations and their removal is performed by the President in accordance with the advice of the Prime Minister.  

Presidential Absence or Vacancy  

If the office of the President becomes vacant or temporarily absent for any reason then the post is held by the Vice-President, or if they cannot or there is not a Vice-President, then by the Chief Justice instead. The post is held by them until the President returns or a new President is elected. If a Vice-President is elected or returns during this time they will take over the post from the Chief Justice.  

Presidential Removal  

The President and/or Vice-President can be removed from office for violating the Constitution, or any other serious misconduct, or due to inability to perform their functions whether due to infirmity of the mind or body or any other case, but first on such cases a tribunal must take place.  

If the President fails to comply with procedure of assenting to bills passed by the National Assembly then the Prime Minister can introduce a motion to remove him/her which if supported by an absolute majority of all members would see his/her removal without needing a tribunal.  

The President and Vice-President cannot be removed for any other cause unless a motion that the circumstances requiring the removal of the President or Vice-President be investigated by a tribunal is made in the National Assembly by the Prime Minister; the motion states with full particulars the ground on which the removal of the President or Vice-President is sought; the motion is supported by the votes of not less than two-thirds of all members; the tribunal, after its investigation, forwards a written report on the investigation to the Assembly and delivered to the Speaker which recommends the removal of either; and… 

A motion made by the Prime Minister and supported by the votes of a majority of all members of the National Assembly required the removal of either on a recommendation to that effect by the tribunal.  

In the case where the National Assembly has voted by a two-thirds majority on a motion for a tribunal then the President or Vice-President may be suspended from office while the investigation takes place.  

If the National Assembly accepts the recommendation from the tribunal for the removal of the President or Vice-President then the office shall become vacant.  

Executive, Prime Minister, Government  

Executive authority is vested in the President, which may be exercised by the President either directly or through officers subordinate to him/her.  

There is a Prime Minister who is Head of Government and who is assisted by a Deputy Prime Minister, both of whom are appointed by the President following Parliamentary Elections – by convention the leader of the largest party or who in the President’s view holds the most confidence among members of Parliament. The Attorney-General also has a Minister office here.  

The Attorney-General is the principal legal advisor to the Government, to be qualified they must practice as a barrister in Mauritius.  

In addition to the offices mentioned above, there may also be such other Ministers of Government as may be prescribed by Parliament or, subject to any law, established by the President, acting in accordance with the Prime Minister. But the number of offices of Ministers, excluding the Prime Minister’s, cannot go beyond 24. The Prime Minister can direct the President to remove a Minister and replace them.  

Acting in accordance with advice of the Prime Minister, the President appoints a Deputy Prime Minister, an Attorney-General, and other Ministers from among members of the Parliament. Note that the Attorney-General does not have to be a member of Parliament.  

The President, acting in accordance with the advice of the Prime Minister, may also appoint Junior Ministers to assist Ministers, they are appointed from among the members of Parliament and their number cannot exceed 10. Junior Ministers can be removed and replaced by the President on advice of the Prime Minister.  

The Prime Minister and other Ministers make up the Cabinet which is the highest executive decision-making body of the Government. The Cabinet advises the President in the Government of Mauritius and the Cabinet is collectively responsible to the National Assembly for any advice given to the President by or under the general authority of the Cabinet and for all things done by and under the general authority of any Minister in the execution of their office.  

The President, acting in accordance with the advice of the Prime Minister, may, in directions by writing, assign to the Prime Minister or any other Minister responsibility for the conduct, subject to the Constitution and law, of any business of Government, including responsibility for the administration of any department of Government.  

Ministers can be charged with responsibility and administration of a Department of Government, they exercise general direction and control over the Department and, subject to such direction and control, any office in the charge of a Minister shall be under supervision of a Permanent Secretary or some other supervising officer whose office is a public office. Any such Departments can be under joint supervision of two or more supervising officers, or Department’s sections can be split among supervising officers.  

Also, if the Prime Minister is absent for any reason the President can direct the Deputy Prime Minister or another Minister to act as Prime Minister, this is done in accordance with the absent Prime Minister, although if getting such information is considered impracticable by the President then he/she makes the decision via their own judgement. The authority of those acting as Prime Minister is revoked by the President on return of the Prime Minister.  

In the cases where the President acts in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet, the President may choose for the Cabinet to reconsider any advice given, if the Cabinet comes back with the same advice, then the President must act on it.  

Where the President requests, the Prime Minister shall submit for the consideration of the Cabinet any matter on which a policy decision has been taken by a Minister but which has not been considered by the Cabinet.  

The Prime Minister must keep the President fully informed concerning the general conduct of Government and must furnish the President with such information he/she may request with respect to any particular matter relating to the Government.  

The Prime Minister and their Government must maintain the confidence of the Parliament to remain in power.  

There is also a Leader of the Opposition who is appointed by the President following Parliamentary elections, typically the leader of the second largest party or grouping that is not in coalition with the Governing party/parties.  

Emergency Provisions  

If circumstances that are grave, unprecedented, and extraordinary exist then a period of public emergency may come into place that temporarily suspends and/or limits certain rights and guarantees and also give extra power to authorities. Such a proclamation is made by the President and must be accepted by the National Assembly via a two-thirds majority otherwise it shall lapse. The period of public emergency cannot go beyond 6-months, and instead must be extended by the National Assembly each time (requiring a two-thirds majority each time) and can only be extended by up to 6-months at a time, but this cannot extend beyond a year.  

A period of public emergency can be revoked anytime by the President or by resolution of the National Assembly.  

Other Bodies and Public Offices  

There is an Electoral Boundaries Commission. It consists of a chairman and not less than two nor more than seven members. Members are appointed by the President after consultation with the Prime Minister, the Leader of the Opposition, and such other members, by the President’s own judgement, appear to be leaders of parties in the National Assembly. Members serve 5-year terms.  

This Commission…  

• Reviews the boundaries of electoral constituencies every 10-years (or sooner if circumstances require or the National Assembly passes a resolution for a review) which is presented to the National Assembly.  

• From the above reports the Commission makes recommendations for any alterations to boundaries of constituencies so as to ensure an equal spread of the population among constituencies as is possible. Communication, geographical features, population density, and boundaries of administrative areas are also taken into account.  

There is an Electoral Commissioner which is a public office. They are appointed by the Judicial and Legal Service Commission, the person appointed must practice as a barrister in Mauritius.  

This person… 

• Is connected with the Electoral Supervisory Commission.  

• Has such powers and other functions relating to such registration and elections as may be prescribed.  

• Keeps the Electoral Supervisory Commission fully informed concerning exercise of his/her functions. Also has the right to attend meetings of the Electoral Supervisory Commission and refer to this Commission for their advice or decision on any question relating to his/her functions.  

• Every proposed bill and regulation or other instrument having the force of law relating to registration of electors for the election of the National Assembly or to the election of such members must be referred to the Electoral Commissioner with enough time for him/her to make comments before the bill is introduced to the National Assembly, or before the regulation or instrument is made.  

There is an Electoral Supervisory Commission. It also consists of a chairman and not less than two nor more than seven members. They are appointed in the same way as the Electoral Boundaries Commission following the same procedure. Members serve 5-year terms.  

This Commission…  

• Has general responsibility for and supervision of the registration of electors for the election of members of the National Assembly and the conduct of of elections of such members with the Commission have such powers and other functions relating to such registration and such elections as may be prescribed.  

• Every proposed bill and regulation or other instrument having the force of law relating to registration of electors for the election of the National Assembly or to the election of such members must be referred to this Commission with enough time for them to make comments before the bill is introduced to the National Assembly, or before the regulation or instrument is made. 

• This Commission may make such reports to the President concerning matters under their supervision, or any draft bill or instrument referred to them, as they may think fit and if so requested by the Commission in any such report on a draft bill or instrument, that report may be laid before the National Assembly.  

• This Commission appoints 8 seats of the National Assembly that which is known as ‘Best Losers’, what this is and a basic explanation are provided under The Electoral System section below.  

There is a Secretary to the Cabinet whose office is a public one.  

In accordance with instructions given by the Prime Minister this person… 

• Arranges business for, and keeps the minutes of, the Cabinet or any of its committees and for conveying the decisions of the Cabinet or any of its committees to the appropriate person or authority.  

• Has such other functions as the Prime Minister may direct.  

There is a Commissioner of Police which is a public office.  

This person… 

• Commands the Police Force, responsible for determining their use and controlling their operations.  

• The Prime Minister, or other Minister as may be authorized, may give to the Commissioner of Police such general directions of policy with respect to maintenance of public safety and public order as he/she may consider necessary and the Commissioner must comply with such directions or cause them to be complied with.  

• The position does not preclude the assignment of a Minister of responsibility for the organization, maintenance, and administration of the Police Force.  

There is a Director of Public Prosecutions which is a public office. They are appointed by the Judicial and Legal Service Commission. The person appointed must be qualified to be a judge of the Supreme Court.  

This person has the power in any case in which they consider desirable to do so to… 

• Institute and undertake criminal proceedings before any court of law (excluding courts established by a disciplinary law).  

• Take over and continue aby such criminal proceedings that may have been instituted by any other person or authority.  

• Discontinue at any stage before judgement is delivered any such criminal proceedings instituted or undertaken by themself or any other person or authority.  

There is a Supreme Court. It has unlimited jurisdiction to hear and determine any civil or criminal proceedings under any law other than a disciplinary law and such jurisdiction and power as conferred by the Constitution and other law. Judges of the Supreme Court are the Chief Justice, Senior Puisne judge, and such other number of puisne judges as prescribed by Parliament. The Supreme Court includes the Court of Civil Appeal and Court of Criminal Appeal.  

Higher appeals can also be made to the Judicial Committee of the Privy Council, a legal body available to members of the Commonwealth of Nations. The body has jurisdiction over 32 areas which includes 12 independent countries within the Commonwealth of Nations.

The Chief Justice is appointed by the President acting in accordance with advice of the Prime Minister. The Senior Puisne judge is appointed by the President in accordance with the advice of the Chief Justice. The other puisne judges are appointed by the President on advice of the Judicial and Legal Commission. Judges are removed from office only for inability to perform their duty or for misbehavior and only via the correct procedure.  

There is a Judicial and Legal Service Commission. It has the Chief Justice as its Chairman. Its other members include the Senior Puisne Judge, the Chairman of the Public Service Commission, and one other member appointed by the President, acting in accordance with the advice of the Chief Justice. The appointed person must have been or is a judge of a court having unlimited jurisdiction in civil or criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court.  

This Commission…  

• Appoints or confirms appointments, as well as removal and discipline (via prescribed procedures) of judicial and legal officers which includes the Solicitor-General and their assistant, Parliamentary Counsel, Judge in Bankruptcy and Master and Registrar, Principal State Counsel, Senior State Counsel, Magistrates, State Counsel, Principal State Attorney, Senior State Attorney, Assistant State Attorney, and any other positions prescribed by law.  

There is a Public Service Commission. It consists of a chairman, two Deputy Chairmen, and four other Commissioners, the deputies and commissioners are appointed by the President after consultation with the Prime Minister and Leader of the Opposition. It is not made clear how the Chairman is appointed.  

This Commission…  

• Appoints or confirms appointments, as well as handles removal and discipline (via prescribed procedures) of public officers. 

There is a Disciplined Forces Service Commission. It is chaired by the Chairman of the Public Service Commission and there are four other Commissioners appointed by the President after consultation with the Prime Minister and Leader of the Opposition.  

This Commission… 

• Appoints or confirms appointments, as well as handles removal and discipline (via prescribed procedures) of disciplined officers (to do with offices of the armed forces, police, and other authorities and related positions).  

There is a Public Bodies Appeal Tribunal. It includes a Chairperson who must be a barrister of not less than 10 years’ standing, and 2 other members who hold qualifications that are prescribed, they are appointed by the President after consulting with the Prime Minister after he/she has consulted with the Leader of the Opposition.  

This body… 

• Has jurisdiction to hear and determine appeals made by public officers against such final decisions of such Commission, as may be prescribed, or of any Commissioner or other person exercising powers delegated by that Commission.  

• May also hear and determine appeals made against final decisions of such other public bodies as may be prescribed.  

• If removal of the members of this very body is considered it is done via a separately appointed tribunal, initiated and appointed by the President.  

There is an Ombudsman which is a public office. The position is appointed by the President after consulting with the Prime Minister, Leader of the Opposition, and such other person as may appear to the President as leaders of parties in the National Assembly.  

This person…

• Conducts investigations of an officer or authority in the exercise of administrative functions of that officer or authority, in any case in which a member of, the public claims, or appears to the Ombudsman, to have sustained injustice in consequence of maladministration with the action so taken. 

• The Ombudsman acts on complaints, or at the request of any Minister or member of the National Assembly, or on his/her own deliberate judgement.  

• The Ombudsman has the power to investigate any department of Government; the Police Force or any of its members; the Mauritius Prison Service or related; Rodrigues Regional Assembly or any of its officers; any local authority or any such officers of it; any such other officers or authorities as may be prescribed by Parliament.  

• The Ombudsman cannot investigate the President or their personal staff; the Chief Justice; any Commission or its staff; the Director of Public Prosecutions or any person acting in accordance with their instructions; or any person exercising powers delegated by the Public Service Commission or Disciplined Forces Commission.  

There is a Director of Audit which is a public office. It is appointed by the Public Service Commission after consulting with the Prime Minister and the Leader of the Opposition.  

This person…  

• Audits and reports on the public accounts of all courts of law and all authorities and officers of the Government.  

• Reports are submitted to the Minister responsible for finance who lays the report before the National Assembly.  

The Legislative Government  

The legislative government is made up of the National Assembly which is constitutionally-fixed to having 70-members. As with all parliaments its main job is concerned with scrutinizing legislation that has been introduced, debating it, possibly amending it, and then either passing or rejecting it. Another main job is to give oversight of the Prime Minister and Government, with the power to withdraw confidence and topple them from power if circumstances lead to such. The National Assembly may regulate its own procedure and may make rules for the orderly conduct of its own proceedings. At least 17 members (in addition to the member presiding if any) are required to form a quorum, if there is no quorum the National Assembly must adjourn and cannot conduct business.  

Bills passed by Parliament must be assented to by the President to go into law. The President can choose to withhold giving assent to a passed bill if they believe the bill or proposed amendment should be reconsidered by the Parliament. The President cannot withhold assent from financial bills or Constitutional amendment bills that have been certified by the Speaker.  

If the President wishes for a bill or amendment to be reconsidered by Parliament, he/she has 21-days to return it along any proposed amendments to it, if the bill is passed again whether changed or not, then the President must give assent to it.  

Unless on the recommendation of a Minister, the National Assembly cannot proceed upon any bill, motion, amendment or petition that, in the opinion of the person presiding, makes provision for imposition or alteration of taxation otherwise than by reduction; imposition of any charge upon the Consolidated Fund or other public funds or alteration of any such charge other than by reduction; the payment, issue, or withdrawal from the Consolidated Fund or other public funds of any money not charged on it or any increase in the amount of such payment, issue, or withdrawal; or for composition or remission of any debt to the Government.  

There is a Speaker and Deputy Speaker, both are elected following Parliamentary elections, the Speaker can be elected from among the members of the National Assembly or someone who is not a member, while the Deputy Speaker must also be a member, their elections must be via an absolute majority, those elected to these positions cannot be Ministers.  

The Speaker, assisted by the Deputy Speaker, ensures that Assembly rules are enforced and that there is orderly conduct in the Assembly, and conducts the agenda of the National Assembly. The Speaker represents the National Assembly in an impartial manner. The Speaker also has a casting vote if there is a tie.  

The Speaker or Deputy Speaker can be removed via an absolute majority-supported motion for the reason of being convicted of a criminal offense punishable by imprisonment by a court in any part of the Commonwealth; or is adjudged or otherwise declared bankrupt in any part of the Commonwealth; or is adjudged to be of unsound mind or is detained as a criminal lunatic under any law in force in Mauritius.  

The National Assembly can also remove the Speaker or Deputy Speaker via a resolution supported by at least two-thirds of all members for another reason.  

The President may at any time, acting in accordance with advice of the Prime Minister, prorogue or dissolve Parliament. The President may dissolve Parliament on his/her own judgement if the Prime Minister refuses to resign after having lost a vote of confidence. The President may also refuse to dissolve Parliament if by their own judgement they believe another person is capable of forming a new Government. The President may also dissolve Parliament by their own judgement if they do not believe anyone can form a Government within a reasonable time.  

The Electoral System  

Presidential Elections happen every 5-years. The President and Vice-President are elected by the National Assembly on a motion made by the Prime Minister and that is supported by an absolute majority of all members of the National Assembly. There is no current term limit on the President or Vice-President and so there is no limits to how many times the same person can be elected. Despite this though many Presidents have not served a full 5-year term, only two Presidents have completed a full 5-year term and no President has completed two or more, there have also been around as many Acting Presidents as Presidents. The current President has been in office for two years. The longest serving Acting President was 1 year, 248 days – next closest was only 112 days, other Acting Presidents did not even break two digits on days.  

To be President or Vice-President one must be a citizen of Mauritius who is at least 40-years-old and has resided in the country for at least 5-years preceding the election. While in office the President and Vice-President cannot hold any other office of emolument, whether under the Constitution or otherwise, or exercise any profession or calling, or engage in any trade or business.  

Parliamentary Elections happen every 5-years. 62 of the 70 members are elected from multiseat constituencies, with each constituency apart from one electing three members while one of them elects two members. These members are directly elected using a first-past-the-post system where members are elected via simple majorities.  

The remaining 8-seats are selected in a more unique manner, known as Best Losers. The Constitution gives an absolutely bonkers explanation on this, but for simplicities sake, the seats are allocated by the Electoral Supervisory Commission to the best performing unreturned candidates (those who performed well in the normal election but did not win). The first 4 seats are given to unreturned candidates from the most successful party, while the other 4 are given to the most successful parties excluding the winning party and these last 4-seats also take into account the representation of communities (all candidates state which community they come from) based on their representative success (at least from what I can make sense of it).  

If you want to read more deeply into the above you can go to the Constitution PDF and go to FIRST SCHEDULE: section 31(2) – then move down to sub-section 5 – pages 86/87/88  

Anyway, the makeup of Parliament determines who the governing party or coalition is and as such who the Prime Minister shall be – by convention leader of the largest party or person with most confidence from coalition – who is appointed by the President.  

The Parliament’s term may be extended beyond 5-years in the event of war by not more than 12-months at a time and not beyond another 5-years.  

Seats that become vacant during the term are refilled via an organised by-election, unless it is one of the 8 Best Losers seats where instead it is filled following stated procedure.  

Candidates for the National Assembly must be Commonwealth citizens who are at least 18-years-old, has lived in Mauritius for not less than 2-years, which can include periods that aggregate to that, but must have resided in Mauritius for at least 6-months immediately before the date of nomination, and 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 them to take an active part in National Assembly proceedings.  

Disqualifications include being in allegiance to a foreign power outside of the Commonwealth; is a public officer or local government officer; has not stated possible corporate conflict of interests to do with Government contracts; adjudged or otherwise declared bankrupt without discharge under any law anywhere in the Commonwealth; person adjudged to be of unsound mind or detained as criminal lunatic; is under sentence of death or imprisonment exceeding 12-months imposed by any court of the Commonwealth; if any possible conflict of interest exists with involvement in elections or if they have electoral offenses.  

To vote one must be a Commonwealth citizen who is at least 18-years-old, they must also live in Mauritius for a time that has been specified via an Act of Parliament. They can only register to vote in the constituency where they are resident.  

One cannot be a registered voter if they are under sentence of death or have been imprisoned for a period exceeding 12-months by any court in the Commonwealth; is adjudged of being of unsound mind or is detained as a criminal lunatic; or is disqualified due to electoral offenses.  

Sources 

The source for this post from Mauritius’ constitution of 1968 with amendments through to 2016 (constituteproject.org) and so should be as up to date as possible but as always there is a chance, I missed things and/or misinterpreted other things, and as always, the Constitution can be amended again and so this post may eventually become outdated. Cross-research is always recommended if using this seriously. These posts are more for hobby reading rather than using for serious research – I am not an expert.  

Amendments to the constitution are proposed by the National Assembly. Amendments affecting things like state sovereignty, fundamental rights and freedoms, citizenship, or branches of Government, requires approval in a referendum by at least a three-fourths majority and then a unanimous vote by the National Assembly to adopt it. Any other amendments just require passing in the National Assembly via a two-thirds majority for adoption.  

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