2 Prominent Issues Behind Growing Public Discontent, Says Legal Expert

Mauritius’s judiciary is facing a serious crisis that could lead to “reputational damage” for the country, according to prominent Senior Counsel Antoine Domingue. In an exclusive interview to Le Mauricien, Domingue, a well-known legal observer, expressed deep pessimism about the nation’s future, citing recent controversies surrounding both the presidency and the legal profession.

Domingue’s concerns stem from two high-profile legal matters: the “AFRINIC affair” and the ongoing dispute over the appointment of Senior Counsel.

Regarding the former, he stated that a presidential proclamation on the matter gave the “impression that there is an invasion of the executive into the affairs of the judiciary,” and he called it a “serious constitutional lapse.”

He noted the proclamation was followed by the judge’s renunciation and then a revocation by the vice-president, which, while a quick fix, has caused long-term harm to the country’s reputation, especially in Africa.

Domingue questioned how a judge could accept a role as an investigator in a case where they had already made rulings.

“This is very surprising, to say the least,” he said. The proclamation itself was full of “errors,” and he stated that it should have been reviewed by the Attorney General’s office.

Pension Protests and Growing Unpopularity

Domingue also addressed the widespread public discontent over the government’s decision to change the universal pension age.

He noted that the anger is “palpable” and could lead to a legal challenge that the government may lose.

“My fear is that the Mauritian state, and therefore the government, will very soon be faced with a legal action so that the court can rule on the legality of the deferral of the pension payment age,” he said.

He revealed that an additional legal challenge, separate from a case already filed by another lawyer, is in the works.

Domingue believes this potential new case has merit and could make the government “even more unpopular in the weeks and months to come.”

The Senior Counsel said he understood the growing discontent among Mauritians, particularly after the government’s failure to honour electoral promises.

“It is clear that this is a subject that mobilizes people and that the expectations of the population, especially after the electoral promises, have not been respected,” he stated.

Domingue criticised the government’s handling of the issue, which he believes was done in a “more autocratic than democratic” way.

He argued that the government should have held a dialogue or even a referendum with the public before making the decision.

The government’s move, he said, has already become a “serious thorn in the side of the government, despite its very strong majority in Parliament.”

When asked whether the government might have considered the legality of the pension change, Domingue said, “It looks like they didn’t think about it… it’s a decision that was taken in a hurry.”

He called it “suicidal” for a government to “destroy the platform on which it was elected” by making such a sudden and unpopular move.

Domingue also criticised ministers who blame the previous government for their slowness and lack of experience, stating that this excuse has a limited shelf-life.

He argued the current government knew what it was getting into and cannot continue to look in the rearview mirror for the remainder of its five-year term.

Concerns Over Legal Appointments

The Senior Counsel also expressed concern over the “battle of rags” that has erupted over the recent appointments of Senior Counsel and Senior Attorney.

He said the dispute “will not improve the reputation of the Mauritian bar.”

Domingue, who is representing the Director of Public Prosecutions and another attorney in the case, was limited in his comments but confirmed that the matter involves a legal challenge over a list of recommendations that was reportedly altered.

He believes the case raises serious questions about the transparency and criteria for these appointments.

He noted that although the Law Practitioners Act outlines the basic requirements, it is “very laconic” and called for new legislation to create a more transparent process.

Despite the turmoil, Domingue conceded that the public has a right to challenge these decisions.

He quoted Lord Atkin, saying, “Justice is not a cloistered virtue: she must be allowed to suffer the scrutiny and respectful…comments of ordinary men.”

Leadership Turmoil and Institutional Instability

Beyond the judiciary, Domingue warned of broader issues of instability, including at the Bank of Mauritius, one of the country’s most important institutions.

He referred to the public conflict between the bank’s governor and his former deputy as a “striptease” and a spectacle, stating that the situation would likely lead to a new governor and a new team.

He stated that the performance of institutions, not the individuals who run them, is what international financial agencies rate.

The Senior Counsel expressed his overall pessimism for Mauritius’s future, a view he said he shares with “many Mauritians.”

He concluded that there has been a high level of disappointment because the country is already in a state of “continuity” rather than change.

Source: Le Mauricien