Parliament Considers Bill to Reinforce Powers of DPP

The spotlight is on Parliament this Tuesday, 3 February, as it examines the Financial Crimes Commission (Miscellaneous Provisions) Bill No. I of 2025, introduced by Attorney-General Gavin Glover. This proposed legislation is to restore crucial powers to the Director of Public Prosecutions (DPP) in the fight against financial crime. The backdrop to this debate is the Financial Crimes Commission Act, enacted in 2023, which had transferred significant powers to the Financial Crimes Commission (FCC).

While this was intended to strengthen the fight against financial malfeasance, it inadvertently encroached on the authority of the DPP—a move that drew fierce criticism from prominent figures such as Navin Ramgoolam, Paul Bérenger, respected members of the legal fraternity, and the DPP himself.

The new bill aims to redress this imbalance. Henceforth, it asserts, any criminal proceedings initiated under this law or the Declaration of Assets Act must either be initiated or sanctioned by the DPP.

This represents a seismic shift in the legal landscape, reinstating the DPP as the principal figure in prosecution and ensuring a clear line of authority in both investigations and prosecutions.

Key amendments to legislation including the Courts Act, Criminal Appeal Act, and the District and Intermediate Courts (Criminal Jurisdiction) Act are also proposed.

Noteworthy among these is the removal of the FCC’s power to launch prosecutions independently of the DPP, thus reinforcing overview and control.

The bill introduces a system for enhanced scrutiny over investigations.

If the FCC decides to halt an investigation, it will be obliged to provide a report to the DPP, who can then call for further inquiries if deemed necessary.

Similarly, should the DPP determine that an immediate prosecution is unwarranted, they can demand additional investigations before reaching a final decision.

In a further pivotal change, any proposal for a settlement of an alleged offence must receive DPP clearance.

If a resolution cannot be reached with the accused, the case will automatically go before the courts, with the prosecution’s backing.

The government frames this reform as essential to safeguarding the independence of the prosecution process.

Attorney-General Gavin Glover, in his presentation to Parliament, stressed the need to “restore the powers of the Director of Public Prosecutions” and to ensure a clearer delineation between investigative and prosecutorial roles.

This legislative initiative unfolds amid ongoing discussions about the autonomy of institutions combating corruption and economic offences.

It challenges the balance of power established by the controversial 2023 legislation, which many argued had diminished the DPP’s role in favour of the FCC.

If passed, this bill is poised to fundamentally alter the framework of financial crime prosecution in Mauritius, reinstating the DPP’s authority and positioning it as a more independent entity from the executive’s influence.

While the FCC will remain charged with investigative duties, its findings will now need to be consistently presented to the prosecution, paving the way for a more robust judicial process.

Source: Defi Media