Democracy and Political Governance Chapter 3 appeals from lower courts. This does not pose a challenge. Secondly, sometimes the court sits as an appeal court to hear an appeal about a decision made by one of their colleagues. However, the judges are the same persons – except the judge who heard the case that is being appealed. The CRM learnt that, for ‘people in the know’, especially the lawyers and judges, this is not an issue. There is no bias. Indeed, the judges can be very severe with one of their own. Nevertheless, for people outside the legal profession, there is a perception that this arrangement breeds bias in favour of the judge who made the original decision and against the appellant. The second challenge is that the structure offers few opportunities, locally, for appeal. The third challenge is that the hierarchy is too flat to offer a career to judicial officers. Judicial reform 213. The CRM learnt that Mauritius is gradually implementing some of the recommendations the Mackay Commission made. 214. The government decided in February 2008 to establish a separate Office of the DPP. It would be separate from the Office of the Attorney General and have its own budget and staff. The measure became effective on 1 July 2009. It reduced the time spent on remand from between six and seven years to a maximum of 22 months. The legal aid project was due to start in October 2009. It increased the number of judges from nine in 2005 to 18 in July 2009. It expanded physical infrastructure by renting a building near the present Court of Appeal for administrative work and for extra space to hear cases. 215. The government introduced a number of measures to implement the recommendation to increase the number of Supreme Court divisions to five. The government: 216. 112 • • • Established a criminal division in 2008 and appointed two judges to it to clear the backlog. However, it reduced the number to one in 2009 when the backlog reduced. Activated a family division on 7 January 2009. Activated a commercial division, also in January 2009. Only two divisions have yet to be established. These are the constitutional and administrative division, and the civil division. The Supreme Court also needs to be divided into a court of appeal and a high court. Chapter 3 Democracy and Political Governance 217. In addition, stakeholders indicated that Mauritius needs a judicial education institute to manage the continuing education of magistrates. Newly recruited magistrates would go to this institute for initial training and orientation before starting their duties. The feeling was that newly recruited officials should not begin their duties without this training. They would go to the same institution for refresher courses. 218. The CRM noted that the Law Reform Commission Act (Act 26 of 2005) established the Law Reform Commission. Section 4(1) specifies its functions. They are to: • • • 219. Review the laws of Mauritius regularly and systematically. Make recommendations for reforming and developing the laws of Mauritius. Advise the attorney general on how to make laws as understandable and accessible as possible. Section 4(3) states that the commission must prepare and submit to the attorney general, at least once a year, a programme for reviewing specified aspects of the laws of Mauritius in order to reform or develop them. Section 6(1) of the act allows the attorney general to ask the commission at any time to examine any aspect of the law of Mauritius. The commission must then review that aspect of the law and report to the attorney general with recommendations. The CRM welcomes this act and the commission it established. The commission should be able to follow up reforms already suggested and propose others that need reforming in order to improve the legal and judicial systems in the country. The role of Parliament in appointing ministers 220. Parliament plays no role in appointing ministers. This is a possible challenge to good political governance. It means that the legislative branch does not check the executive branch of government adequately. However, the CRM noted that this is not an issue in the country. iii. Recommendations 221. The APR Panel recommends that: • The legislature confines itself to prescribing minimum and maximum sentences (the legislative function) without specifying 113