Democracy and Political Governance
Chapter 3
registration of political parties and candidates for elections. Political
parties in Mauritius depend largely on donations, especially for their
election campaigns. Each party has its own methods for managing
and distributing campaign funds. There is no law to control political
party financing. The level of campaign spending by candidates is
regulated and a ceiling imposed on how much candidates may spend
in an electoral campaign. However, there is currently no independent
verification of compliance with these limits.
124.
The Commission on Constitutional and Electoral Reform, established
in late 2001, addressed political party funding. Justice Albie Sachs,
of the Constitutional Court of South Africa, chaired the commission.
It published its report (known as the Sachs Report) in 2002.
The Commission highlighted the need to review the funding of
political parties and for a mechanism to monitor the expenditure of
candidates, which suitable legislation should cover. Consistent with
its terms of reference, the commission also developed and proposed
the draft Public Funding of Political Parties Bill. Its key features
include establishing structures and mechanisms for the registration
and financial accountability of political parties, a Political Activities
Public Financing Fund, and mechanisms aimed at restricting
campaign expenses.
Women in politics
125.
The CSAR highlights the rather limited participation of women in
politics – a serious challenge for Mauritius. The report states that the
2005 election showed only a slight improvement in the participation
of women candidates. It notes that, while political parties deployed
more women candidates than in previous general elections, only 59
(8.8 per cent) of the 664 candidates were women. Mauritius is still far
from achieving the 50 per cent female gender representation required
by the 1997 Southern African Development Community (SADC)
Declaration on Gender and Development.
Decentralisation and popular participation
126.
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The CSAR notes that there are municipal, district and village councils.
The Local Government Act of 2003 refers to them as local authorities.
There were five municipalities and four district councils. All local
authorities fall under the Ministry of Local Government, Rodrigues
and Outer Islands. Unfortunately, despite the decentralisation that
the Local Government Act of 2003 brought, local authorities remain
Chapter 3
Democracy and Political Governance
largely dependent on the grants that the central government provides.
The central government grants are essential for the local authorities
to finance the services and amenities in their respective regions. They
include: (i) providing street lighting; (ii) constructing and maintaining
roads; (iii) maintaining drains and public spaces; (iv) providing and
maintaining bus shelters and traffic centres; and (v) organising sports
and cultural activities.
127.
With regard to political participation at the local level, all council
members are elected by general poll and are regulated by the Local
Government Act of 2003. The functions of the local authorities, as
defined by section 41 of the Local Government Act of 2003, are wideranging. They include maintaining local infrastructure and attending
to the welfare of villages and towns. Major responsibilities range
from cleaning and lighting roads to removing household, industrial,
commercial and agricultural waste. Supremacy of the constitution,
the rule of law and the Bill of Rights
128.
The CSAR notes that the constitution of Mauritius is the supreme
law of the country. Objective 4 says more about this. The country
has ratified human rights conventions on civil and political rights
as well as economic, social and cultural rights. Objective 3 discusses
them at length.
National security, law and order
129.
The CSAR points out that an efficient and independent national security
service is crucial for any country. In Mauritius, the security service is
entrusted to the Mauritius Police Force (MPF). The MPF must uphold
the law fairly, prevent crime and protect the community with integrity
and sound judgement. A commissioner of police (CP) heads the MPF
in terms of section 71 of the constitution. The Disciplined Forces
Service Commission (DFSC), after consulting the prime minister,
appoints the CP.
130.
The Police Act of 1974 regulates the MPF. It should be read together
with sections 71, 90 and 91 of the constitution, the MPF Instruction
Book and the Law Enforcement Code of Ethics.
131.
The MPF has four main ‘lines of services’. These are the Land Police
Force, Air Wing Surveillance (delivered by the Helicopter Squadron),
a paramilitary wing provided by the Special Mobile Force and a naval
wing provided by the National Coast Guard. There are six other lines
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