ANNUAL REPORT
OF
THE JUDICIARY
(2006)
Annual Report of the Judiciary
1
Contents
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Page
The Judiciary
3 to 7
Highlights
8 to 9
The Supreme Court
10 to 12
The Intermediate Court
13
The Industrial Court
14
The District Courts
15
Crime Statistics
16
Cases in the State of Mauritius
17
Annual Report of the Judiciary
2
THE JUDICIARY
The Judiciary in Mauritius is one of the three organs of a sovereign democratic state and
is, by virtue of the Constitution, vested with the power and responsibility to administer justice in
the Republic of Mauritius. The Constitution provides for the institution of an independent
judiciary which is based on the concept of separation of powers. This is a vital element for the
functioning of the democratic system of government in order to uphold the rule of law and afford
the necessary protection for the safeguard of the fundamental rights of the citizens of Mauritius.
The Chief Justice is the head of the Judiciary.
THE JUDICIAL SYSTEM
Mauritius has a single-structured judicial system consisting of two parts – the Supreme
Court and the subordinate Courts. The subordinate Courts consist of the Court of Rodrigues, the
District Courts, the Intermediate Court and the Industrial Court whilst the Supreme Court has
various divisions exercising jurisdiction as the Bankruptcy Court, the Court of first instance in
civil and criminal matters, the Court of Appeal (to hear and determine civil and criminal appeals
from the decisions of the subordinate Courts), the Court of Civil Appeal and the Court of
Criminal Appeal (to hear and determine appeals from the decisions of the Supreme Court sitting
as Court of first instance).
THE SUPREME COURT
The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and nine
Puisne Judges. It is the highest judicial authority in the country and is vested with all the powers
and jurisdiction necessary to administer the laws of Mauritius. It is a superior Court of Record
and has unlimited jurisdiction to hear and determine any civil and criminal proceedings and has
the same original jurisdiction as the High Court in England. It is vested with all the necessary
powers and authority to exercise its equitable jurisdiction as a Court of Equity. The Supreme
Court also exercises supervisory jurisdiction over the subordinate Courts in order to ensure that
justice is duly administered by any such Court. The Supreme Court has original jurisdiction to
determine whether any provision of the Constitution has been contravened, including the power
to determine whether any law made by Parliament is void on the ground that it contravenes any
of the provisions of the Constitution. It is also empowered to secure the enforcement of the
protective provisions entrenched in the Constitution.
The Supreme Court exercising jurisdiction as the Court of Original Civil and Criminal
Jurisdiction
Civil Jurisdiction
The Supreme Court has original civil jurisdiction to hear and determine :
(a)
any civil matter, although it will generally deal with matters where the value of
the subject-matter of the claim is more than Rs 500,000;
Annual Report of the Judiciary
3
(b)
(c)
(d)
(e)
divorce and matrimonial cases;
company winding-up & bankruptcy petitions;
admiralty matters; and
claims for constitutional relief.
Every case is heard and disposed of before a single Judge, unless otherwise provided for
under any written law or as may be decided by the Chief Justice.
Criminal Jurisdiction
The Supreme Court is the principal Court of criminal jurisdiction. Criminal trials before
the Supreme Court are either held before a Presiding Judge and a jury consisting of 9 persons
who are qualified to serve as jurors or before a Presiding Judge without a jury. Offences laid
down under the Criminal Code falling under the exclusive jurisdiction of the Supreme Court are
tried at the Assizes Sessions before a Presiding Judge and a jury whereas offences specified in
the Fifth Schedule to the Criminal Procedure Act are tried before a Presiding Judge without a
jury. In the exercise of its criminal jurisdictions, the Supreme Court is empowered to inflict life
imprisonment for certain serious offences.
The Supreme Court exercising appellate jurisdiction
The Supreme Court has full power and jurisdiction to hear and determine all appeals,
whether civil or criminal, made to the Court from the decisions of :
(a)
(b)
(c)
(d)
(e)
(f)
(g)
the Judge in Chambers;
the Bankruptcy Division of the Supreme Court;
the Master’s Court;
the Intermediate Court;
the Industrial Court;
the District Court; and
any other tribunal or body under any other enactment.
Except as otherwise expressly provided for in any other enactment, appeals to the
Supreme Court are heard before at least two judges.
The Supreme Court exercising jurisdiction as the Court of Civil Appeal
The Court of Civil Appeal is a division of the Supreme Court. It hears and determines all
appeals from the decisions of the Supreme Court sitting as the Court of first instance in civil
proceedings. It is constituted by two or three Judges as the Chief Justice may decide. The Chief
Justice, or where he is absent, or is for any reason unable to sit on the Court of Civil Appeal, the
Senior Puisne Judge, presides over the Court of Civil Appeal.
The Supreme Court exercising jurisdiction as the Court of Criminal Appeal
The Court of Criminal Appeal consists of three Judges and has full power to hear and
determine all appeals from the decision of the Supreme Court sitting as the Court of first instance
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4
in criminal proceedings. The Chief Justice and, in his absence, the Senior Puisne Judge, presides
over the Court of Criminal Appeal.
The Supreme Court exercising jurisdiction as the Bankruptcy Court
The Bankruptcy Division of the Supreme Court has jurisdiction to deal with all matters of
bankruptcy, insolvency or winding-up of companies. The Master and Registrar and the Deputy
Master and Registrar exercise concurrently with the Judges the jurisdiction of the Bankruptcy
Court as Judge of the Bankruptcy Division of the Supreme Court.
The Master’s Court
The Master’s Court is presided by the Master and Registrar and the Deputy Master and
Registrar. It is responsible for the conduct and management of judicial sales and deals with all
matters relating to proceedings in Division in Kind.
THE INTERMEDIATE COURT
The Intermediate Court is established under the Courts Act and has civil and criminal
jurisdiction over the whole of Mauritius.
Composition of the Intermediate Court
The Intermediate Court consists of two Presidents (one on the civil division and one on
the criminal division), two Vice-Presidents (one on the civil division and one on the criminal
division) and any such number of Magistrates known as the Magistrates, Intermediate Court, as
established under the Civil Establishment Act.
Civil Jurisdiction
The Intermediate Court has jurisdiction in all civil cases where the sum or matter in
dispute, whether in balance of account or otherwise, does not exceed Rs 500,000. The bench of
the Intermediate Court is constituted by one, two or three Magistrates as may be decided by the
President.
Criminal Jurisdiction
The Intermediate Court has jurisdiction to hear and determine serious criminal offences
provided under specific sections of the Criminal Code and any offence declared triable by the
Intermediate Court under any other enactment. It has power to inflict penal servitude on
convicted offenders for a period not exceeding eight years. However, for persistent offenders,
the Intermediate Court may increase the sentence to twelve years’ penal servitude. The
Intermediate Court is also empowered to inflict a higher sentence in respect of offences under the
Dangerous Drugs Act and the Criminal Code.
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5
THE INDUSTRIAL COURT
Composition and jurisdiction
The Industrial Court, established under the Industrial Court Act, has exclusive civil and
criminal jurisdiction to try any matter arising out of the Labour Act, Boilers Act, Employment
and Training Act, Export Processing Zones Act, Passenger Transport Industry (Buses) Retiring
Benefits Act, Sugar Industry Retiring Benefits Act, Workmen’s Compensation Act and Health
and Welfare legislations.
The Industrial Court consists of a President and a Vice-President.
THE DISTRICT COURTS
There are twelve District Courts in Mauritius and one in Rodrigues. The District Courts
have jurisdiction to try and determine both civil and criminal cases as provided by the law. The
District Courts are normally presided by a Senior District Magistrate and any such number of
District Magistrates as may be decided by the Chief Justice.
Civil Jurisdiction
The District Court has jurisdiction in all civil cases where the sum or matter in dispute
does not exceed Rs 50,000. The District Magistrates have, moreover, exclusive jurisdiction in
landlord and tenant disputes, irrespective of the amount of the claim for non-payment of rent.
Criminal Jurisdiction
The District Court has power and jurisdiction to hear, try and determine criminal cases
punishable by a term of imprisonment not exceeding two years and a fine not exceeding Rs
10,000.
The Juvenile Court
At all District Courts (except the District Court of Port Louis, 1st Division) the District
Magistrates also exercise jurisdiction as Magistrate of the Juvenile Court. The Juvenile Court
tries criminal offences committed by young persons (above 14 years old and below 17 years of
age). The Juvenile Court also deals with children who are beyond parental control and/or who
need care and protection.
Extension of the jurisdiction of the District Courts in matters of domestic violence
By virtue of the Protection from Domestic Violence Act 1997, the District Clerks are
entrusted with the duty of receiving and processing at the District Courts any application for a
Protection Order from aggrieved spouses who have been victims of acts of domestic violence.
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The District Magistrates are empowered to hear and determine such cases and issue Protection
Orders where the Court is satisfied that there is a serious risk of harm being caused to the
applicants. The District Magistrates are also empowered to receive and determine applications
for the issue of Occupation Orders and Tenancy Orders to victims of domestic violence under the
same Act. Such orders confer upon the victim the exclusive right to the use and occupation of
the conjugal house.
Small Claims Tribunal
The Small Claims Tribunal was set up in 1999 to enable the District Courts to adjudicate
on minor claims not exceeding Rs 25,000 in a summary and expeditious manner. Such claims
are lodged by the litigants themselves with the District Clerks after filling in a prescribed form
which is served on the adverse party. Both parties are convened before the Magistrate in
Chambers in an attempt to resolve the dispute. In the event that no agreement is reached
between the parties, the matter is then set down for hearing. A great number of cases by this
method of conflict resolution is disposed of without having recourse to a hearing.
THE COURT OF RODRIGUES
In Rodrigues, justice is administered by a visiting Magistrate and a visiting Judge of the
Supreme Court. A Magistrate also visits the other smaller islands, like Agalega which forms part
of the Republic of Mauritius
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HIGHLIGHTS
THE RULES COMMITTEE
The Rules Committee was set up in August 2001 to advise and make recommendations to
the Chief Justice in respect of the rules to be made under section 198 of the Courts Act. The
Rules Committee consists of a Judge (Chairperson of the Committee) appointed by the Chief
Justice, the Master and Registrar or his representative, a representative of the Bar Council, a
representative of the Law Society, a representative of the Attorney-General’s Office and two
other law practitioners appointed by the Chief Justice.
SUPREME COURT LIBRARY AND INFORMATION SERVICE
A website for the Judiciary has been set up at http://supremecourt.intnet.mu. As from
March 2000 the following are available on-line :
-
The Laws of Mauritius
Supreme Court Judgments / Privy Council Judgments
Judgments of the Master’s Court
Judgments of the District Court
Judgments of the Industrial Court
Judgments reported in the Mauritius Reports as from 1861
Acts, regulations and proclamations
Students’ theses
Directory of the legal profession
T. V. BROADCAST
Television programmes have been organized by the MBC TV with the collaboration of Senior
Court Officers to bring better awareness among the public on Court procedures with respect to:
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
Civil Debts
Bail & Remand
Divorce, Alimony and Custody
Landlord & Tenant
The Industrial Court
Judgement Execution
Affidavits
The Assizes
Protection against Domestic Violence
Rectification of Civil Status Documents
Immediate Care and Control
Judge in Chambers
Annual Report of the Judiciary
8
Fines and Fees collected for the years 2005 and 2006 and recurrent expenditure for the
years 2004/2005and 2005/2006
Fines and fees collected for the year 2006 amounted to Rs 160,813,022 of which 121,023,037
were collected as fines.
Fines and fees collected for the year 2005 amounted to Rs 131,169,568 of which
Rs 93,026,923 were collected as fines.
The recurrent expenditure for the year 2005/2006 was Rs.175,400,000
The recurrent expenditure for the year 2004/2005 was Rs 163,000,000
Annual Report of the Judiciary
9
THE SUPREME COURT
Table of contents
Tables
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
3.13
Cases (Civil + Criminal) at the Supreme Court, 2005 – 2006.
Criminal cases at the Supreme Court, 2005 – 2006.
Civil cases at the Supreme Court, 2005 – 2006.
Number and types of offences disposed of at the Court of Assizes,
2005 – 2006.
Divorce proceedings at the Family Division, 2005 – 2006.
Divorces/ Judicial separations pronounced by No. of children
involved, 2005 – 2006.
Divorces/ Judicial separations pronounced by duration of marriage,
2005 – 2006.
Divorce pronounced by petitioning party and grounds,
2005 –
2006.
Statement of affairs of companies wound up by Court, 2005 – 2006.
Number of companies wound up at the Bankruptcy Division,
(Companies Unit), 2005 – 2006.
Legal Aid applications granted at the Supreme Court,
2005 – 2006.
Amount paid with respect to legal aid in the various Courts of the
State of Mauritius, 2005 -2006.
Total Revenue collected from the Courts of the Island of Mauritius.
Charts:
3a
3b
3c
3d
Volume of lodged, disposed and outstanding cases (Civil + Criminal)
at the Supreme Court, 2005 - 2006.
Volume of Criminal cases lodged, disposed and outstanding, at the
Supreme Court, 2005 - 2006.
Volume of Civil cases lodged, disposed and outstanding, at the
Supreme Court, 2005 - 2006.
Divorces pronounced by petitioning party, 2005 - 2006.
Cases lodged and disposed at the Supreme Court
During the year 2006, the total number of cases (Civil + Criminal) lodged at the Supreme Court
was 7,748 compared to 7,593 in year 2005.
The number of cases (Civil + Criminal) disposed as given in table 3.1 totalled 6,703 in 2006,
0.2% more than in 2005 (6,692).
Appeals at the Supreme Court
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10
During the year 2006,
 143 Civil appeals from decisions of the lower Courts were lodged during the year.
 The number of outstanding Civil appeals from decisions of the lower courts reached 189
at the end of the year.
 80 appeals from decisions of the Judge sitting at chambers, Tribunals and other
Authorities etc were lodged, and the number of appeals outstanding reached 123 at the
end of the year 2006.
 120 Criminal appeals from decisions of the lower Courts were lodged as compared to the
year 2005 which stood at 111. (table 3.1).
 At the end of the year 2006, 172 Criminal appeals from decisions of the lower Courts
were outstanding, (table 3.1).
Cases at the Court of Assizes
During the year 2006, 36 Criminal cases were lodged, of which 11 cases relate to offences to be
tried at the Court of Assizes (Trial by jury) and 25 cases relate to offences to be tried at the Court
of Assizes (Trial without a Jury), (table 3.1).
For Criminal offences at the Assizes, please refer to table 3.4.
Divorce cases at the Supreme Court
During the year 2006,
 the number of divorce cases lodged decreased by 4.3%, (1,792 in 2005, 1,715 in 2006) while
the number of divorce cases disposed of rose by 22.3% (1,415 in 2005,1,731 in 2006), (table
3.5).
 1,379 divorces were pronounced .
 6 Orders for Judicial Separation were pronounced, (table 3.5).
 the number of cases outstanding at the end of the year fell by 0.7% from 2,306 in 2005 to
2,290 in 2006.
 90.1% of the divorces pronounced accounted for couples with 0 , 1, or 2 children, (table 3.6).
 69.7% of the divorces pronounced accounted for couples with duration of marriage
(1-14) years, (table 3.7).
Cases at the Bankruptcy Division in 2006
Bankruptcy Notices and Bankruptcy Petitions
In the year 2006,
 160 Bankruptcy notices and 46 Bankruptcy petitions were lodged and the number of
Bankruptcy notices and Bankruptcy petitions disposed stood at 156 and 80 respectively.
 the outstanding number of Bankruptcy notices increased by 1.9% while Bankruptcy
petitions fell by 16.8%, (table 3.1).
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Company winding-up petitions
During the year 2006, 174 winding-up petitions were lodged, 95 cases were disposed of and the
number of outstanding cases at the end of the year increased by 26.6% from 297 in 2005 to 376
in 2006, (table 3.1)
The Legal Aid Unit
During the year 2006, at the Supreme Court, the number of legal aid recipients was 2,255.
2,068 applications were in respect of matrimonial cases, 176 in respect of civil suits, and 11 in
respect of criminal cases.
The amount paid with respect to legal aid in the various courts of the State of Mauritius for the
year 2006 was Rs 1,561,026, (table 3.12).
Annual Report of the Judiciary
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THE INTERMEDIATE COURT
Table of Contents
Table
4.1
Cases at the Intermediate Court, 2005 - 2006.
4a
Volume of Civil cases lodged, disposed and outstanding, at the Intermediate
Court, 2005 - 2006.
4b
Volume of Criminal cases lodged, disposed and outstanding, at the
Intermediate Court, 2005 - 2006.
4c
Volume of (Civil + Criminal) cases lodged, disposed and outstanding, at the
Intermediate Court, 2005 - 2006.
Charts
Cases lodged and disposed at the Intermediate Court
The total number of cases (Civil + Criminal) lodged increased by 3% from 3,662 in 2005 to
3,771 in 2006. Civil cases lodged totalled 2,352 in the year 2006, 1.1% fewer than in 2005 whilst
an increase of 10.4% was noted in the number of Criminal cases lodged, (1,285 in 2005, 1,419 in
2006).
In 2005, 3,889 cases (Civil + Criminal) were disposed. This represents an increase of 10.6%
compared to the year 2005 figure of 3,517, (table 4.1).
An increase of 15.4% was noted in the number of Civil cases disposed, from 2,128 in 2005 to
2,456 in 2006 whilst the number of Criminal cases also rose by 3.2% as compared to the
previous year,(1,389 in 2005, 1,433 in 2006), (table 4.1).
The outstanding number of cases (Civil + Criminal) reached 4,699 in 2006 showing a decrease of
17.6% as compared to the year 2005 (5,702), (table 4.1).
Annual Report of the Judiciary
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THE INDUSTRIAL COURT
Table of Contents
Table
5.1
Cases (Civil + Criminal) at the Industrial Court, 2005 - 2006
5a
Volume of Civil cases lodged, disposed and outstanding, at the Industrial
Court, 2005 – 2006.
5b
Volume of Criminal cases lodged, disposed and outstanding, at the Industrial
Court, 2005 – 2006.
5c
Volume of (Civil + Criminal) cases lodged, disposed and outstanding, at the
Industrial Court, 2005– 2006.
Charts
Cases lodged and disposed at the Industrial Court
The total number of cases (Civil + Criminal) lodged, increased by 2.2% from 1,355 in 2005 to
1,385 in 2006. Civil cases totalled 1,145 in the year 2006 and an increase of 16.5 % was noted
in the number of Criminal cases lodged, (206 in 2005, 240 in 2006).
In 2006, 1,629 cases (Civil + Criminal) were disposed. This represents an increase of 20% as
compared to the year 2005 figure of 1,358 (table 5.1).
An increase of 23.6% was noted in the number of Civil cases disposed, from 1,120 to 1,384 in
2006 whilst the number of Criminal cases disposed rose by 3% as compared to the previous year,
(238 in 2005, 245 in 2006), (table 5.1).
The outstanding number of cases (Civil + Criminal) decreased by 25.7% from 1,271 in 2005 to
944 in 2006.
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THE DISTRICT COURTS
Table of Contents
Table
6.1
6.2
6.3
6.4
6.5
Charts:
6a
Civil cases at the District Courts, 2005 – 2006.
Criminal cases at the District Courts, 2005 – 2006.
All cases (Civil + Criminal) at the District Courts, 2005 –2006.
Cases of the Small Claims Tribunal at the District Courts, 2005 – 2006.
Cases under the Protection from Domestic Violence Act 1997, at the District
courts, 2005 – 2006.
Volume of Civil cases lodged, disposed and outstanding, at the District
Courts of the State of Mauritius, 2005 – 2006.
6b
Volume of Criminal cases lodged, disposed and outstanding, at the District
Courts of the State of Mauritius, 2005 – 2006.
6c
Volume of (Civil + Criminal) cases lodged, disposed and outstanding at the
District Courts of the State of Mauritius, 2005 – 2006.
Cases lodged and disposed at the District Courts of the State of Mauritius
The total number of cases (Civil + Criminal) lodged increased by19.4% from 133,461 in 2005 to
159,343 in 2006. Civil cases lodged totalled 15,645 in the year 2006, 19.2% fewer than in 2005
whilst an increase of 25.9% was noted in the number of Criminal cases lodged, (114,108 in 2005,
143,698 in 2006), (table 6.2).
In 2006, 156,321 cases (Civil + Criminal) were disposed. This represents an increase of 18.3% as
compared to the year 2005 figure of 132,106, (table 6.3).
The number of Civil cases disposed decreased by 16.7% from 23,045 in 2005 to 19,200 in 2006
whilst the number of Criminal cases disposed rose by 25.7% as compared to the previous year,
(109,061 in 2005, 137,121 in 2006), (table 6.2).
The outstanding number of cases (Civil + Criminal) reached 51,162 showing a decrease of 8.3%
as compared to the year 2005, (55,793), (table 6.3).
The number of civil cases at the District Courts as from this year includes cases of the Small
Claims Tribunals and cases lodged under the Protection from Domestic Violence Act 1997.
In 2006 –
(i) The number of cases lodged at the Small Claims Tribunal was highest at the District Court
of Riviere du Rempart and the District Court of Flacq.
(ii) The number of cases lodged under the Protection from Domestic Violence Act 1997, was
highest at the District Court of Lower Plaine Wilhems, (table 6.4).
Annual Report of the Judiciary
15
CRIME STATISTICS
Table of contents
Tables
7.1
7.2
7.3
Distribution of offences disposed by category at the Intermediate Court,
Industrial Court and the District Courts of the Island of Mauritius, 2005 –
2006.
Distribution of offences disposed by category at the Island of Rodrigues, 2005
– 2006.
No. of offences disposed by type of Courts in the State of Mauritius,
2005 – 2006.
Criminal Offences recorded at various Courts
During 2006, a total of 161,023 offences were disposed in the State of Mauritius, (table 7.3) and
a total of 158,115 criminal offences were disposed at the Intermediate Court, the Industrial Court
and the District Courts of the Island of Mauritius, (table 7.1).
Offences against traffic laws represent 78.9% whereas offences against the person represent
4.8% of all the criminal offences disposed at the Intermediate Court, and the District Courts of
the Island of Mauritius, (table 7.1).
The highest number of offences was recorded at the District Court of Upper Plaines Wilhems
followed by the District Court of Pamplemousses and the District Court of Port Louis (Division
III), (table 7.3).
Table 7.1 - Distribution of offences disposed by category at the Intermediate Court, the
Industrial Court and District Courts of the Island of Mauritius, 2005 - 2006.
Offences against/ in
respect of
2005
2006
Lawful authorities
812
957
Public Morality
391
314
The Person
6,604
7,577
Property
6,838
6,797
Others (Criminal Code)
1,316
1,428
Traffic laws
97,056
124,563
-
30
The Licence laws
1,674
1,330
Dangerous Drugs Act
2,655
3,014
Miscellaneous
6,517
11,719
353
386
124,216
158,115
The Distillery Laws
Labour laws
Total
Annual Report of the Judiciary
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CASES IN THE STATE OF MAURITIUS
Table of Contents
Tables:
8.1
Civil cases – State of Mauritius, 2005 - 2006.
8.2
Criminal cases – State of Mauritius, 2005 - 2006.
8.3
All cases (Civil + Criminal) – State of Mauritius, 2005 - 2006.
Charts :
8a
Volume of Criminal cases lodged, disposed and outstanding –
State of Mauritius, 2005 - 2006.
8b
Volume of Civil cases lodged, disposed and outstanding –
State of Mauritius, 2005 – 2006.
8c
Volume of (Civil + Criminal) cases lodged, disposed and outstanding –
State of Mauritius, 2005 – 2006.
Cases lodged and disposed at the District Courts of the State of Mauritius
The total number of cases (Civil + Criminal) lodged increased by 17.9% from 146,071 in 2005 to
172,247 in 2006. Civil cases lodged totalled 26,733 in the year 2006, 11.9% fewer than in 2005
whilst an increase of 25.7% was noted in the number of Criminal cases lodged, (115,741 in 2005,
145,514 in 2006).
In 2006, 168,542 cases (Civil + Criminal) were disposed. This represents an increase of 17.3% as
compared to the year 2005 figure of 143,673, (table 8.3).
A decrease of 9.8% was noted in the number of Civil cases disposed, from 32,848 in 2005 to
29,615 in 2006 whilst the number of Criminal cases disposed rose by 25.4% as compared to the
previous year, (110,825 in 2005, 138,927 in 2006), (table 8.2).
The outstanding number of cases (Civil + Criminal) reached 67,663 in 2006 showing a decrease
of 6.8% as compared to the year 2005, (72,579), (table 8.3).
Annual Report of the Judiciary
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