312. Section 8 (1) of the Constitution provides as follows –
“No property of any description shall be compulsorily taken possession of, and no interest in
or right over property of any description shall be compulsorily acquired, except where –
(a)
(b)
(c)
the taking of possession or acquisition is necessary or expedient in the interests of
defence, public safety, public order, public morality, public health, town and country
planning, the development or utilisation of any property in such a manner as to
promote the public benefit or the social and economic well-being of the people of
Mauritius; and
there is reasonable justification for the causing of any hardship that may result to any
person having an interest in or right over the property; and
provision is made by a law applicable to that taking of possession or acquisition—
(i) for the payment of adequate compensation; and
(ii) securing for any person having an interest in or right over the property a right of
access to the Supreme Court, whether direct or on appeal from any other
authority, for the determination of his interest or right, the legality of the taking
of possession or acquisition of the property, interest or right, and the amount of
any compensation to which he is entitled, and for the purpose of obtaining
payment of that compensation.”
313. The Ombudsperson for Financial Services Act provides, inter alia, for the setting up of an
Office of the Ombudsperson for Financial Services. The Ombudsperson for Financial Services is
in post since March 2019. His office will give better protection to consumers of financial services,
receive and deal with complaints from consumers of financial services against financial institutions
and may make an award for compensation, where appropriate, and give such directives as he may
determine to financial institutions. Accordingly, the Bank of Mauritius will no longer receive
complaints from the public.
314. The Good Governance and Integrity Reporting Act (GGIR) came into operation in January
2016 and is a positive step towards strengthening the framework legislation to combat corruption
effectively by providing a civil, non-conviction based procedure to recover unexplained wealth,
by using Unexplained Wealth Orders. This Act seeks to circumvent the proven difficulties in
obtaining a conviction based asset forfeiture following a criminal conviction before a criminal
court of law. GGIR allows the State to apply for an Unexplained Wealth Order from the Court.
The burden lies on the Respondent (person against whom an application for an Unexplained
Wealth Order is made) to account satisfactorily for the unexplained wealth in question on a balance
of probabilities.
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