INDUSTRIAL COURT
31.
The Industrial Court established under the Industrial Court Act, has exclusive civil and
criminal jurisdiction to try any matter arising out of, inter alia, the Employment and Training Act,
the Employment Rights Act, the Occupational Safety and Health Act, the Passenger Transport
Industry (Buses) Retiring Benefits Act, the Sugar Industry Retiring Benefits Act and the
Workmen’s Compensation Act as well as of any regulations made under those enactments, and
with such other jurisdiction as may be conferred upon it by any other enactment.
THE DISTRICT COURT
32.
There are ten District Courts in Mauritius and one in Rodrigues. The District Courts have
jurisdiction to try and determine both civil and criminal cases as provided for by the law. Each
District Court is presided by a District Magistrate and by any such number of District Magistrates
as may be decided by the Chief Justice. The District Court has jurisdiction to hear all civil cases
where the claim or matter in dispute does not exceed Rs 250,000. The District Court has power
and jurisdiction to hear and determine criminal cases punishable by a term of imprisonment not
exceeding five years and a fine not exceeding Rs 100,000.
33.
By virtue of the Protection from Domestic Violence Act, a Magistrate has jurisdiction to
try any offence under this Act and may impose any penalty provided therein. District Magistrates
may hear and determine applications in relation to Protection Orders, Occupation Orders and
Tenancy Orders.
34.
The Small Claims Procedure, provided for under the Courts Act, enables District Courts to
adjudicate on minor claims not exceeding Rs 100,000 in an expeditious manner. Such claims are
lodged by the litigants themselves after filling in a prescribed form which is served on the adverse
parties. Both parties are convened before the Magistrate in Chambers to resolve the dispute. In the
event there is no agreement between the parties, the matter is set down for trial. It is to be noted
that such cases are disposed of by this method of conflict resolution rather than through a trial
process.
35.
Whenever a child is assessed to be in immediate danger, the District Magistrate is informed
accordingly, application is made for an Emergency Protection Order (EPO) under the Child
Protection Act, and, as soon as the order is issued, the child is sent to a “place of safety” which
includes the shelter of the Ministry and other Residential Care Institutions for Children which work
in collaboration with the Ministry. An EPO is also issued for the purpose of enquiries where
officers cannot get access to the victim, and also for the purpose of medical examination after
minor’s placement in a shelter.
12