Supreme Court of Mauritius

Supreme Court of Mauritius
Coat of arms of Mauritius
Country	Mauritius
Location	Port Louis
Composition method	By the President, after consultation with the Prime Minister
Authorized by	Constitution of Mauritius
Judge term length	62 years of age
Website	supremecourt.govmu.org
Chief Justice
Currently	Kheshoe Parsad Matadeen
Since	31st December 2013

The Supreme Court of Mauritius is the highest court of Mauritius and is the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration^[1] and has a permanent seat in Port Louis.^[2] There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London.

The Chief Justice is the head of the court and has precedent over any other Judges in the republic. The Chief Justice is also second in line (after the Vice-President) to succeed the President in case of removal, death or resignation until a new President is elected. The Chief Justice is also 5th in the line of precedence following the President, Prime Minister, Vice President and Deputy Prime Minister. The current Chief Justice is Kheshoe Parsad Matadeen having been appointed since 31 December 2013 by President Purryag.

Composition

The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and such number of Puisne Judges as may be prescribed by Parliament. Presently, there are 17 Puisne Judges. (Section. 76(2) of the Constitution).

Appointment

The Chief Justice is appointed by the President acting after consultation with the Prime Minister, the Senior Puisne Judge by the President acting in accordance with the advice of Chief Justice and the Puisne Judges by the President acting in accordance with the advice of the Judicial and Legal service Commission. (Section. 77 of the Constitution).

Qualification

No person shall be qualified for appointment as a Judge of the Supreme Court unless he is, and has been for at least 5 years, a barrister entitled to practise before the Supreme Court. (Section 77(4) of the Constitution).

Tenure of office

A judge of the Supreme Court holds office until retirement at the age of 62. A judge may be removed from office for inability to perform the functions of his office or for misbehaviour. He shall be removed from office by the President where the question of removal has been referred to the Judicial Committee which has advised accordingly (Section 78 of the Constitution).

Jurisdiction

The Supreme Court has unlimited jurisdiction to hear and determine any civil or criminal proceedings under any law other than a disciplinary law and such jurisdiction and powers as may be conferred upon it by the Constitution or any other law. (Section 76(1) of the Constitution). It is a superior court of record (Section 15 of the Courts Act). It is the principal court of original civil and criminal jurisdictions. It exercises general powers of supervision over all District, Intermediate and Industrial Courts and other special courts (Sections 34 and 38 of the Courts Act and section 82 of the Constitution).

The Supreme Court is also a Court of Equity vested with powers, authority, and jurisdiction to administer justice and to do all acts for the due execution of such equitable jurisdiction, in all cases where no legal remedy is provided by any enactment. (section 16 of the Courts Act).

Section 83 of the Constitution provides that the Supreme Court has original jurisdiction in the interpretation of the Constitution.And where a question as to the interpretation of the Constitution arises in any Court established for Mauritius (other than the Court of Appeal, the Supreme Court, or a Court Martial) and the Court is of the opinion that the question involved a substantial question of law, the Court shall refer the matter to the Supreme Court. (Section 84 of the Constitution).

Disciplinary Powers

The Supreme Court has power and jurisdiction to hear and determine any complaint of a disciplinary nature in respect of the professional conduct of a law practitioner or a ministerial officer including a land surveyor.

Judge in chambers

Section 71 of the Courts Act sets out the matters which may be disposed of by the Judge sitting in Chambers.

A judge may, whether in term or in vacation, grant an injunction subject to a motion to the Court to set aside the injunction.

A Judge in Chambers is empowered to hear an application for a rule or summons to show cause. (Section 74 of the Courts Act).

Appellate Jurisdiction

The Supreme Court (under Section 69 of the Courts Act) has full power and jurisdiction to hear and determine all appeals, whether civil or criminal, made to the Court from:-

a judge in the exercise of his original jurisdiction;

the Bankruptcy Division;

the Master and Registrar;

the Intermediate Court;

the Industrial Court;

a Magistrate;

any other court or body established under any other enactment

Appeals are heard before at least 2 judges (Section 70 of the Courts Act).

Court of Civil Appeal

The Court of Civil Appeal is a division of the Supreme Court and is composed of the Judges of the Supreme Court presided by the Chief Justice or the Senior Puisne Judge (Section 80 of the Constitution and Section 2 of the Court of Civil appeal Act).

Any party may appeal against a judgment or order of a Judge sitting alone in the exercise of his original civil jurisdiction. Such appeals are governed by the Court of Civil Appeal Act.

The Court of Criminal Appeal

The Court of Criminal Appeal is a division of the Supreme Court and is duly constituted by 3 judges presided over by the Chief Justice or the Senior Puisne Judge (Section 80 of the Constitution). A person convicted before the Supreme Court may appeal under the Criminal Appeal Act against his conviction or sentence.

The Bankruptcy Division

The Bankruptcy Division is a division of the Supreme Court. It has jurisdiction relating to all matters of bankruptcy, insolvency or the winding up of companies. The said jurisdiction is vested in and is exercised by the Master and Registrar concurrently with the Judges ( Section. 62 of the Courts Act).

The constitution, procedure and powers of the Bankruptcy Division are set out at Part VI of the Bankruptcy Act. Any person may within 21 days of the decision, appeal to the Supreme Court, against a judgment or order of the Bankruptcy division (Section. 104 of the Bankruptcy Act).

Master and Registrar

The Master and Registrar is an officer of the Supreme Court and shall be a barrister of at least 5 years standing. His duties consist in the taxing of costs, to conduct and manage judicial sales, probate of wills and the matters connected therewith, interdictions and local examinations and to deal with matters of audit, inquiry, and accounts and generally, all such matters as may be referred to him by the Chief Justice or the Judges. ( Section 19 of the Courts Act). The Master is assisted by a Deputy Master

List of Chief Justices of Colony of Mauritius ^[1]

Incumbent	Tenure		Notes
Incumbent	Took office	Left office	Notes
George Smith	30 October 1814
Edward Berens Blackburn	10 January 1824	1835
James Wilson	1 October 1935
Sir Stevenson Villiers Surtees	1857		(acting)
Sir J Edward Romono	1858		(acting)
Sir Charles Farquhar Shand	30 May 1860
Sir Nicholas Gustave Bestel	1878	1878	(acting)
Sir Adam Gib Ellis	1 September 1879
Sir Eugène P. J. Leclézio	22 November 1883
F. T. Piggott	7 April 1895		(acting)
Sir Eugène P. J. Leclézio	25th May 1895	1897
(Sir) L. Victor Delahaye	30 April 1898
F. C. Moncrieff	16 February 1900		(acting)
Ernest Didier St Amand	24 April 1900		(acting)
Richard Myles Brown	31 August 1906		(acting)
Louis Arthur Thibaud	5 October 1908		(acting)
Richard Myles Brown	23 October 1908		(acting)
Furcy Alfred Herchenroder	2 September 1912		(acting)
(Sir) L. Victor Delahaye	12 November 1912
Furcy Alfred Herchenroder	1 January 1913
Thomas Ernest Roseby ^[3]	1917	1929	(died 1929)
Sir Justin Louis Devaux ^[4]	1940	1943	(died in office)
Sir Charlton Lane		c.1945
Sir Rampersad Neerunjun	c.1960
Michel Rivalland	1967	1970

List of Chief Justices of the Republic of Mauritius

Incumbent	Tenure		Notes
Incumbent	Took office	Left office	Notes
Michel Rivalland	1967	1970
Sir Jean François Maurice Latour-Adrien	1970	1977
Sir William Henry Garrioch	1977	1978
Sir Cassam Moollan	1982	1988
Sir Victor Joseph Patrick Glover	1988	1994
Rajsoomer Lallah	1995	1995
Ariranga Pillay	1996	2007
Y. K. J. Yeung Sik Yuen	2007
Kheshoe Parsad Matadeen	31 December 2013	present

References

1 2 "Mauritius-The Administration of Justice" (PDF). Retrieved 7 October 2015.
↑ "THE SUPREME COURT". Supreme Court of Mauritius. Retrieved 7 September 2012.
↑ http://www.stpauls.edu.au/home/our-rich-history/great-achievements/government-and-the-law
↑ http://www.seychellesweekly.com/November%2013,%202011/top5_seychelles_chief_justice.html

External links

Supreme Courts of Africa

Sovereign states	Algeria Angola Benin Botswana Burkina Faso Burundi Cameroon Cape Verde Central African Republic Chad Comoros Democratic Republic of the Congo Republic of the Congo Djibouti Egypt Equatorial Guinea Eritrea Ethiopia Gabon The Gambia Ghana Guinea Guinea-Bissau Ivory Coast (Côte d'Ivoire) Kenya Lesotho Liberia Libya Madagascar Malawi Mali Mauritania Mauritius Morocco Mozambique Namibia Niger Nigeria Rwanda São Tomé and Príncipe Senegal Seychelles Sierra Leone Somalia South Africa South Sudan Sudan Swaziland Tanzania Togo Tunisia Uganda Zambia Zimbabwe

States with limited recognition	Sahrawi Arab Democratic Republic Somaliland

Chief Justices of the Territories of the British Empire and the United Kingdom

Legend: Current territory; Former territory; * Now a Commonwealth realm; Now a member of the Commonwealth of Nations

Europe

Since 1234 England and Wales Since c.1200 Scotland 1175-1921 Ireland 1708–1757 Minorca Since 1713 Gibraltar 1763–1782 Minorca 1798–1802 Minorca 1800–1813 Malta (Protectorate) 1813–1964 Malta (Colony) 1807–1890 Heligoland 1809–1864 Ionian Islands 1878–1960 Cyprus 1921–1937 Irish Free State Since 1922 Northern Ireland

North America

17th century and before		18th century	19th and 20th century

1579 New Albion 1583–1907 Newfoundland 1605–1979 *Saint Lucia 1607–1776 Virginia Since 1619 Bermuda 1620–1691 Plymouth Colony 1623–1883 Saint Kitts *(Saint Kitts & Nevis) 1624–1966 *Barbados 1625–1650 Saint Croix 1627–1979 *Saint Vincent and the Grenadines 1628–1883 Nevis *(Saint Kitts & Nevis) 1629–1691 Massachusetts Bay Colony 1632–1776 Maryland since 1632 Montserrat 1632–1860 Antigua *(Antigua & Barbuda) 1636–1776 Connecticut 1636–1776 Rhode Island 1637–1662 New Haven Colony	1643–1860 Bay Islands Since 1650 Anguilla 1655–1850 Mosquito Coast (protectorate) 1655–1962 *Jamaica 1663–1712 Carolina 1664–1776 New York 1665–1674 and 1702–1776 New Jersey Since 1666 British Virgin Islands Since 1670 Cayman Islands 1670–1973 *Bahamas 1670–1870 Rupert's Land 1671–1816 Leeward Islands 1674–1702 East Jersey 1674–1702 West Jersey 1680–1776 New Hampshire 1681–1776 Pennsylvania 1686–1689 Dominion of New England 1691–1776 Massachusetts	1701–1776 Delaware 1712–1776 North Carolina 1712–1776 South Carolina 1713–1867 Nova Scotia 1733–1776 Georgia 1754–1820 Cape Breton Island 1762–1974 *Grenada 1763–1978 Dominica 1763–1873 Prince Edward Island 1763–1791 Quebec 1763–1783 East Florida 1763–1783 West Florida 1784–1867 New Brunswick 1791–1841 Lower Canada 1791–1841 Upper Canada Since 1799 Turks and Caicos Islands	1818–1846 Columbia District/Oregon Country¹ 1833–1960 Windward Islands 1833–1960 Leeward Islands 1841–1867 Province of Canada 1849–1866 Vancouver Island 1853–1863 Colony of the Queen Charlotte Islands 1858–1866 British Columbia 1859–1870 North-Western Territory 1860–1981 *British Antigua and Barbuda 1862–1863 Stikine Territory 1866–1871 Vancouver Island and British Columbia 1867–1931 *Dominion of Canada² 1871–1964 British Honduras (*Belize) 1882–1983 *Saint Kitts and Nevis 1889–1962 Trinidad and Tobago 1907–1949 Dominion of Newfoundland³ 1958–1962 West Indies Federation

1. Occupied jointly with the United States.
2. In 1931, Canada and other British dominions obtained self-government through the Statute of Westminster. See Canada's name.
3. Gave up self-rule in 1934, but remained a de jure Dominion until it joined Canada in 1949.

South America

1651–1667 Willoughbyland (Suriname) 1670–1688 Saint Andrew and Providence Islands⁴ 1831–1966 British Guiana (Guyana) Since 1833 Falkland Islands⁵ Since 1908 South Georgia and the South Sandwich Islands⁵

4. Now the San Andrés y Providencia Department of Colombia. 5. Occupied by Argentina during the Falklands War of April–June 1982.

Africa

17th and 18th centuries	19th century		20th century

Since 1658 Saint Helena¹⁴ 1792–1961 Sierra Leone 1795–1803 Cape Colony	Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ 1806–1910 Cape Colony 1807–1808 Madeira 1810–1968 Mauritius 1816–1965 The Gambia 1856–1910 Natal 1868–1966 Basutoland (Lesotho) 1874–1957 Gold Coast (Ghana) 1882–1922 Egypt	1884–1966 Bechuanaland (Botswana) 1884–1960 British Somaliland 1887–1897 Zululand 1890–1962 Uganda 1890–1963 Zanzibar (Tanzania) 1891–1964 Nyasaland (Malawi) 1891–1907 British Central Africa Protectorate 1893–1968 Swaziland 1895–1920 East Africa Protectorate 1899–1956 Anglo-Egyptian Sudan	1900–1914 Northern Nigeria 1900–1914 Southern Nigeria 1900–1910 Orange River Colony 1900–1910 Transvaal Colony 1903–1976 Seychelles 1906–1954 Nigeria Colony 1910–1931 South Africa 1914–1954 Nigeria Colony and Protectorate 1915–1931 South West Africa (Namibia) 1919–1960 Cameroons (Cameroon)⁶ 1920–1963 Kenya 1922–1961 Tanganyika (Tanzania)⁶ 1923–1965 Southern Rhodesia (Zimbabwe)⁷ 1924–1964 Northern Rhodesia (Zambia) 1954–1960 Nigeria 1979–1980 Southern Rhodesia (Zimbabwe)⁷

6. League of Nations mandate.
7. Self-governing Southern Rhodesia unilaterally declared independence in 1965 (as Rhodesia) and continued as an unrecognised state until the 1979 Lancaster House Agreement. After recognised independence in 1980, Zimbabwe was a member of the Commonwealth until it withdrew in 2003.

Asia

17th and 18th century	19th century		20th century

1685–1824 Bencoolen (Sumatra) 1702–1705 Pulo Condore 1757-1862 Bengal (to 1862) 1862–1947 Bengal (from 1862) (West Bengal (India) and Bangladesh) 1762–1764 Manila and Cavite 1786–1946 Penang (Malaysia) 1795–1948 Ceylon (Sri Lanka) 1796–1965 Maldives	1812–1824 Banka (Sumatra) and Billiton (Sumatra) 1819–1826 British Malaya (West Malaysia and Singapore) 1826–1946 Straits Settlements (Malaysia and Singapore) 1839–1967 Colony of Aden 1839–1842 Afghanistan 1841–1997 Hong Kong 1841–1946 Kingdom of Sarawak (Malaysia) 1848–1946 Labuan (Malaysia) 1858–1947 British India (India, Pakistan and Bangladesh, Burma) • Bombay • Calcutta • Madras • North-Western Provinces/Allahabad) 1874–1963 British Borneo (East Malaysia and Brunei)	1879–1919 Afghanistan (protectorate) 1882–1963 British North Borneo (Malaysia) 1885–1946 Unfederated Malay States 1888–1984 Sultanate of Brunei 1891–1971 Muscat and Oman protectorate 1892–1971 Trucial States 1895–1946 Federated Malay States 1898–1930 Weihai Garrison	1907–1949 Bhutan (protectorate) 1918–1961 Kuwait protectorate 1920–1932 Iraq⁸ 1921–1946 Transjordan⁸ 1923–1948 Palestine⁸ 1945–1946 South Vietnam 1946–1963 North Borneo (Malaysia) 1946–1963 Sarawak (Malaysia) 1946–1963 Singapore 1946–1948 Malayan Union 1948–1957 Federation of Malaya (Malaysia) Since 1960 Akrotiri and Dhekelia (before as part of Cyprus) Since 1965 British Indian Ocean Territory (before as part of Mauritius and the Seychelles)

⁸ League of Nations mandate. Iraq's mandate was not enacted and replaced by the Anglo-Iraqi Treaty

Oceania

18th and 19th centuries		20th century

1788–1901 New South Wales 1803–1901 Tasmania 1807–1863 Auckland Islands⁹ 1824–1980 New Hebrides (Vanuatu) 1824–1901 Queensland 1829–1901 Western Australia 1836–1901 South Australia since 1838 Pitcairn Islands	1841–1907 Colony of New Zealand 1851–1901 Victoria 1874–1970 Fiji¹⁰ 1877–1976 British Western Pacific Territories 1884–1949 Territory of Papua 1888–1901 Cook Islands⁹ 1889–1948 Union Islands (Tokelau)⁹ 1892–1979 Gilbert and Ellice Islands¹¹ 1893–1978 British Solomon Islands¹²	1900–1970 Tonga (protected state) 1900–1974 Niue⁹ 1901–1942 Commonwealth of AustraliaNorthern Territory 1907–1953 *Dominion of New Zealand 1919–1942 Nauru 1945–1968 Nauru 1919–1949 Territory of New Guinea 1949–1975 Territory of Papua and New Guinea¹³

9. Now part of the *Realm of New Zealand.
10. Suspended member.
11. Now Kiribati and *Tuvalu.
12. Now the *Solomon Islands.
13. Now *Papua New Guinea.

Antarctica and South Atlantic

Since 1658 Saint Helena¹⁴ Since 1815 Ascension Island¹⁴ Since 1816 Tristan da Cunha¹⁴ Since 1908 British Antarctic Territory¹⁵ 1841–1933 Australian Antarctic Territory (transferred to the Commonwealth of Australia) 1841–1947 Ross Dependency (transferred to the Realm of New Zealand)

14. Since 2009 part of Saint Helena, Ascension and Tristan da Cunha; Ascension Island (1922–) and Tristan da Cunha (1938–) were previously dependencies of Saint Helena. 15. Both claimed in 1908; territories formed in 1962 (British Antarctic Territory) and 1985 (South Georgia and the South Sandwich Islands).

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