Concerns Arise Over Independence, Political Misuse of Financial Crime Commission

The upcoming creation of the Financial Crime Commission (FCC) in Mauritius has raised concerns regarding its independence and potential misuse for political purposes.

On Friday, the Cabinet agreed to the introduction of the Financial Crimes Commission Bill into the National Assembly.

“The object of the Bill would be, inter alia, to provide for the establishment of the Financial Crimes Commission which would be the apex agency in Mauritius to detect, investigate and prosecute financial crimes, such as corruption offences, money laundering offences, fraud offences, the financing of drug dealing offences and any other ancillary offence connected thereto”, Cabinet Papers read.

However, RadioPlus said it has obtained excerpts from the draft. 

According to the draft, the FCC, intended to replace the Independent Commission Against Corruption, will not be subject to any external control. It will also have the authority to initiate prosecutions.

Additionally, the future director-general will have the ability to refuse bail requests, resulting in amendments to the Bail Act and the repeal of three laws.

Some legal experts are questioning whether this is an attempt to “bypass the power of the office of the Director of Public Prosecutions” – a constitutional role.

During a talkshow on Radio Plus, lawyer and Reform Party’s Roshi Bhadain questioned the impartiality of the proposed FCC’s director and the absence of oversight from the DPP.

He also argued that the FCC could be used as a means to target political opponents while protecting allies.

Amendments to related acts, granting the director of the FCC powers similar to the DPP, have also been criticised.

Overall, there are worries about potential abuse and lack of accountability within the FCC, warned another lawyer Hervé Duval.

Source: Defi Media