5 Key Changes in Mauritius’ Bold Judicial Reform Agenda

The Mauritian government has laid out an extensive plan to reform its judicial system, with the establishment of a new Court of Appeal poised to be a central element of this transformation. Advocated by its proponents as a vital step towards “improving judicial standards” in the country, this proposal is stirring lively debates within legal and political arenas.

At the core of this undertaking is a controversial proposal: the incorporation of foreign judges alongside their Mauritian peers.

This idea has sparked significant opposition, with critics voicing apprehensions about potential compromises to the integrity of the country’s legal system.

“The system does not function as it should,” asserted Attorney General Gavin Glover in an interview with L’Express.

He elaborated on the need for reform, which aims to separate the functions of first-instance judges from those of appellate judges, thereby enhancing the perception of independence and impartiality within the judiciary.

“This is not about targeting specific individuals or cases; it’s about implementing institutional restructuring informed by global best practices,” he stated.

Glover stressed that the independence of this proposed Court of Appeal would be enshrined in the Constitution, ensuring both its procedures and its composition remain free from external influences.

Nevertheless, the proposed inclusion of foreign judges diverts sharply from the recommendations of the historic Mackay (1998) and Sachs (2001) reports, which called for the preservation of Mauritius’ unique mixed legal framework, rooted in both British Common Law and French civil law.

These reports emphasised the importance of appointments based on merit, local expertise, and a solid understanding of Mauritian law.

While Glover acknowledges the significance of these principles, he advocates for a renewed perspective:

“The esteemed judges of the Privy Council may not be Mauritian, yet their decisions carry significant weight.

We must embrace the opportunity to infuse our system with new expertise, similar to the approaches taken by Singapore or Bahrain.”

The reform initiative also includes plans for an International Commercial Court, a revision of appeal processes, and a standardisation effort across civil and criminal jurisdictions.

In response to critiques from former magistrates and civil society, the government is committed to conducting wide-ranging consultations.

Glover assured that the final proposal will undergo parliamentary scrutiny and could be considered in the future Constitutional Review Commission’s discussions.

Source: l’Express