Corporate Governance
Chapter 5
662.
More recently, Mauritius passed the Business Facilitation Act of 2006.
It strengthens the existing legal framework for business operations
in the country. The act aims to provide a new legal framework with
comprehensive and clear guidelines for starting businesses. One of
its main objectives is to enable small enterprises to start their business
activities within a period of three working days of applying.
663.
The Competition Bill has been the subject of much debate. Its objective
is to establish a legal framework for reducing restrictive business
practices in order to improve competition in Mauritius via measures
designed to promote efficiency, adaptability and competitiveness
in the economy. Its ultimate objective is to widen customer choice
and enable consumers to buy goods and services at fairer and more
competitive prices.
664.
665.
ii.
The Board of Investment (BOI) is the agency responsible for promoting
and facilitating investment in the country. As Mauritius opens up to
the world and transforms itself into a competitive global business
economy, the BOI has made a personalised range of services, to attract
international investment and talent to the country, available to the
international business community.
The Financial Services Development Act of 2001 established the FSC
as the regulator for the nonbanking financial services sector. The FSC
licences, regulates and supervises nonbank financial institutions.
They include institutions involved in insurance and pensions,
capital market operations, leasing and credit finance, and global
business activities.
Findings of the CRM
The business environment
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The CSAR discusses the business environment in Mauritius briefly
without elaborating on the key indicators that are important for
assessing the business environment. Family companies dominate
the private sector in Mauritius. This has had significant implications
for corporate governance. For instance, there are still companies
where senior managers are also major shareholders or are related to
major shareholders. From a governance perspective, this may lead to
conflicts of interest between personal and corporate goals.
Chapter 5
Corporate Governance
667.
The government is trying to attract FDI to help develop the country
while the private sector, for its part, is keen that foreign investors
should invest in companies listed on the SEM. There will only be a
significant inflow of foreign capital if companies in Mauritius practise
good corporate governance. Apart from foreign capital, corporate
Mauritius is also trying to attract investment from pension funds
based in Mauritius. Good corporate governance will encourage the
trustees of these funds to invest in equities listed on the Mauritian
stock market. Despite these concerns, Mauritius is regarded as a
country with very favourable business regulations in Africa.
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Public-private partnerships are essential for the rapid growth,
modernisation and industrialisation of Mauritius. These partnerships
rely on mutual trust and cooperation, as well as a common vision
that addresses the challenges facing the country and highlights the
opportunities for developing the country in general and the private
sector in particular (see box. 5.1).
Good practice 5.1:
Public-private sector partnerships
Mauritius is a country with effective and efficient public-private sector partnerships. The
economic success of the country flows from these excellent partnerships and is led by the
private sector. The government consults with members of the private sector on an as needed
basis to promote their interests. The private sector, on the other hand, is always ready to
help the government in matters of policy development and implementation through the Joint
Economic Council (JEC).
The JEC comprises nine business associations. They represent large enterprises that control
about 90 per cent of its business and contribute to 79 per cent of its investments. The JEC is
registered. It supports Mauritian leaders in their efforts to reinforce the rule of law and to
respect the independence of the judiciary and private property.
The JEC thanks successive national leaders for their continuity in designing and implementing
economic policies aimed at supporting the private sector. Its leaders appreciate the supportive
business policy of successive Mauritian governments. Since independence 40 years ago,
for example, there have been 9 general elections and each elected government has
committed itself to building on the achievements of previous governments in supporting the
private sector.
Source: CRM
Assessing the business environment
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According to the World Bank’s Doing Business Survey of 2009,
Mauritius is 24th on the Ease of Doing Business Index. It progressed
by four places since 2008. The report highlights Mauritius’s sustained
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