British Judge’s Report Cites 3 DPP Autonomy Failures; Calls for Reform

A newly published British-funded report has called for urgent and extensive constitutional amendments to safeguard the independence and powers of the Director of Public Prosecutions (DPP) in Mauritius.

The landmark document, which the DPP’s office has welcomed, recommends bolstering the DPP’s constitutional authority, reforming its internal human resources management, and establishing new powers to coordinate with police investigations.

This is the first time in the history of the DPP’s office that such a detailed analysis of its powers, structural flaws, and future needs has been conducted.

UK Judge Highlights Threats to Autonomy

Authored by Francesca Del Mese, an international lawyer, UK Crown Court Judge, and member of the Investigatory Powers Tribunal (IPT), the report was financed by the British government via the High Commission.

The study pinpoints several recent episodes that, according to Del Mese, have “seriously compromised” the DPP’s autonomy. These include:

• Administrative placement under the Attorney General (under the former regime).
• The attempt by the proposed FCC Act 2024 to transfer prosecution powers to a new institution.
• The proliferation of judicial challenges aimed at undermining the DPP’s decisions.

The author argues that these events demonstrate the urgent need to amend the Constitution to consolidate the powers of the DPP, as set out in section 72, and prevent any future circumvention of its prerogatives.

HR and Prosecution Reforms Proposed

The report also recommends a complete overhaul of the human resources management structure. Currently, the Judicial and Legal Service Commission (JLSC) appoints, transfers, or promotes law officers without consulting the DPP. Del Mese contends this creates hierarchical inconsistencies and a lack of strategic control.

The study proposes that the DPP be given control over recruitment, assignments, and team composition, especially in light of the announced creation of the National Prosecution Service (NPS).

Furthermore, the report suggests a constitutional model inspired by Kenya, which would allow the DPP to formally request the opening or continuation of investigations by the police or another agency—without directing the investigation itself.

This early coordination is deemed essential for complex cases, helping to avoid blocked or delayed investigations.

Future Legal Framework

Other recommendations include:

• Partial immunity for prosecutors.
• A dedicated law for the functioning of the DPP or the future NPS.
• The establishment of specialised divisions to modernise the prosecution chain.

The DPP’s office stated it “favourably welcomes” these proposals and will begin discussions with the government, as the nation prepares for its next FATF (Financial Action Task Force) review in 2027.

Source: l’Express