Democracy and Political Governance Objective 2: i. Chapter 3 Chapter 3 Promote constitutional democracy and the rule of law because the winner-takes-all system results in skewed representation: the winner of most votes gains all the power in the constituency. Critics of the system have proposed that proportional representation would balance power and ensure that the actual number of seats won would correspond to the actual number of votes cast. Summary of the CSAR Constitutional democracy 115. The CSAR notes that Mauritius is a multiparty democracy based on that of the Westminster parliamentary model. The 1968 constitution, with its subsequent amendments, is the supreme law in Mauritius. It separates the powers of the legislature (the National Assembly), the executive (the government) and the judiciary. 116. The National Assembly is a unicameral (one-chamber) parliament. It comprises 62 directly elected members and eight members appointed according to the BLS to represent underrepresented communities. Section 57(2) of the constitution provides for a five-year parliamentary term, which sections 57(3) and (4) may extend in exceptional cases. 117. The party or coalition with the majority in the National Assembly elects the prime minister and the president appoints him or her. The constitution also provides for the appointment of the president, who is the head of state. The president is elected for a five-year term following a motion moved by the prime minister and supported by a majority of members in the National Assembly. The constitution provides for a leader of the opposition, who is chosen from those members of the National Assembly who have sufficient support from opposition parties. The president appoints the leader of the opposition. Periodic electoral competition 88 118. Mauritius has had nine general elections since independence in 1968. A smooth transfer of power followed each. Mauritius achieves political representation, at both national and local government levels, through a fully competitive electoral process based on universal adult suffrage. 119. FPTP is the basis of the electoral system. It provides for the election of 62 members to the National Assembly. Each of the 20 constituencies on the island of Mauritius returns three members of Parliament (MPs). The island of Rodrigues returns two MPs. Mauritius introduced the BLS in 1968. The CSAR notes that that there are perceptions that the BLS is unrepresentative and unconstitutional because it discriminates according to ethnicity. The FPTP system has also been criticised Democracy and Political Governance Electoral campaign practices (code of conduct) 120. The CSAR observes that legislative and institutional safeguards regulate the conduct of elections in Mauritius to ensure that the process is credible and transparent and enables voters to express their free will and choice during elections. Nevertheless, the 2005 general elections led to the election of an MP being contested on the grounds of trafic d’influence. This is the pressure, coercion or influence that one person exerts on another to influence the latter in order to derive benefits from him or her that he or she would not have had under normal circumstances. The CSAR notes that there are widespread perceptions that trafic d’influence has affected previous elections in Mauritius and that Mauritius should develop a code of conduct to prevent it from happening. Managing and supervising elections 121. Two key electoral bodies manage and monitor the electoral system. They are the electoral commissioner, whose office works closely with the ESC, and the Electoral Boundaries Commission. The constitution of Mauritius specifies the roles and responsibilities of these three independent bodies. 122. The electoral commissioner is responsible for preparing the electoral register and the conduct of elections. He or she works under the supervision of the ESC. Section 40(3) of the constitution assures the independence of the electoral commissioner. It states: “[The] Electoral Commissioner shall not be subject to the direction or control of any other person or authority.” In addition, the Judicial and Legal Service Commission (JLSC) appoints the electoral commissioner to ensure his or her independence. The ESC is the constitutionally mandated body that supervises the registration of voters for electing members of the National Assembly and the conduct of elections. The role of political parties 123. The CSAR notes that, while the electoral process is regulated, there is no regulation of political parties in Mauritius – except for the 89