(a) where the tribunal recommends to the President that he should not refer the
question of removing the Judge from office to the Judicial Committee; or
(b) where the Judicial Committee advises that the Judge ought not to be removed from
office.
(6) The functions of the President under this section shall be exercised by him in his own
deliberate judgment.
(7) The retiring age for the purposes of subsection (1) shall be the age of 62 years or such
other age as may be prescribed by Parliament:
Provided that a provision of any Act of Parliament, to the extent that it alters the age at
which Judges of the Supreme Court shall vacate their offices, shall not have effect in
relation to a Judge after his appointment unless he consents to its having effect.
448. Government has agreed to bringing new legislation to set up a separate Land Division of the
Supreme Court to look into cases of land dispossession and ownership claims.
449. The judicial system in Mauritius was ranked 32nd by the World Economic Forum for judicial
independence of the Global Competitiveness Index in 2018 and 25th by the Heritage Foundation’s
2019 Index of Economic Freedom for Judicial Effectiveness.
450. The National Human Rights Commission (NHRC) is mandated to deal with complaints
relating to civil and political rights as set out in Chapter II of our Constitution. Though it receives
funding from government, it enjoys independence in its functions.
451. The Independent Police Complaints Commission has been set up and is fully operational
since April 2018. The IPCC investigates into complaints, other than acts of corruption or money
laundering offences, made against police officers in the discharge of their functions. The IPCC
has taken over the functions of the now defunct Police Complaints Division of the National Human
Rights Commission. The IPCC is headed by a former Judge of the Supreme Court.
ARTICLE 27- DUTY OF FAMILY
Every individual shall have duties towards his family and society, the State and other legally recognized
communities and the international community.
The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective
security, morality and common interest.
452. Under the Code Civil Mauricien, several rights are granted to and obligations imposed upon
family members either individually or collectively. Inter alia, spouses have a general and mutual
153
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents