Court organization in Mauritius

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The court organization in Mauritius is structured in two stages. In addition to the highest court of the island state, the Supreme Court, there are a number of lower courts.

The supreme court

Supreme Court

On the one hand, the Supreme Court is responsible for criminal and civil proceedings that exceed the powers of the lower courts and, on the other hand, it is the appellate court for judgments of the Supreme Court or the lower courts. Its competencies are modeled on those of the High Court of Justice (England and Wales) . It is also the country's constitutional court . He is also responsible for the appointment of court staff and exercises disciplinary authority here. It has 21 judges. At the top is the Chief Justice . In addition, the Senior Puisne Judge and 19 Puisne Judges are judges at the court. It is divided into a number of individual chambers.

Judicial Conduct, Judicial and Legal Service Commission (JLSC)

The JLSC, directed by the Chief Justice, is responsible for the appointment and promotion of the court staff and has disciplinary authority over them.

Civil jurisprudence in the first instance

The Supreme Court has jurisdiction as the court of first instance in civil matters if the amount in dispute exceeds 500,000 rupees, divorce and matrimonial matters, bankruptcy matters, questions of the law of the sea and cases in which constitutional issues are affected.

The following chambers exist for this purpose:

  • Family Division of the Supreme Court (for family law)
  • Commercial Division of the Supreme Court (for commercial law)
  • Master's Court (for real estate law)

In addition, two judges work in the mediation division ( mediation ).

Criminal justice in the first instance

The Criminal Division of the Supreme Court (Assizes) is responsible for judging criminal justice in the first instance . A judge and a jury made up of 9 jurors judge serious criminal cases and can impose a maximum sentence for life.

Appellation matters

The Supreme Court acts as a court of second instance in judgments of the lower courts and the decisions of the Supreme Court in the first instance.

The Court of Civil Appeal is competent in matters of civil law. It consists of two to three judges chaired by the Chief Justice or the Senior Puisne Judge. The Court of Criminal Appeal is responsible for matters relating to criminal law. It consists of three judges chaired by the Chief Justice or the Senior Puisne Judge.

The judicial committee of the privy council

In certain cases, a renewed appeal to the judicial committee of the privy council is responsible against the decisions of the appeal chambers . This chamber makes final decisions on issues relevant to legal development and acts as a constitutional court.

The lower courts

Pamplemousses District Court
Commercial Court

In the districts , respectively, there is a District Court (District Court). In Plaines Wilhems there are 2, in the capital Port Louis 3:

The district courts decide civil cases up to a value in dispute of 50,000 rupees. In criminal matters, they can impose sentences of up to 5 years in prison and fines of up to 100,000 rupees.

The Intermediate Court has been set up for more serious cases that are too minor for the Supreme Court . This court acts nationwide in civil and criminal matters. The Industrial Court and the Commercial Court exist in the same way for commercial matters . The Bail and Remand Court (BRC) has the task of a judge . All of these courts are based in Port Louis.

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  • Republic of Mauritius: Annual report of the judiciary 2014, pp. 1–8 (and the map at the beginning of the document) online