Mauritius’s Constitution of 1968 with Amendments through 2016
Judicial Independence
Article 10. Provisions to secure protection of law 1. Where any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established. […] 8. Any court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial, and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time. […].
Judicial Council or Parallel Institution
Article 85. Judicial and Legal Service Commission 1. There shall be a judicial and Legal Service Commission which shall consist of the Chief Justice, who shall be chairman, and the following members a. the Senior Puisne Judge; b. the chairman of the Public Service Commission; and c. one other member (in this section referred to as “the appointed member”) appointed by the President, acting in accordance With the advice of the Chief Justice. 2. The appointed member shall be a person who is or has been a judge of a court having unlimited jurisdiction in civil or criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from any such court. 3. Where the office of the appointed member is vacant or the appointed member is for any reason unable to perform the functions of his office, the President, acting in accordance with the advice of the Chief Justice, may appoint a person qualified for appointment as such a member to act as a member of the Commission and any person so appointed shall continue to act until his appointment is revoked by the President, acting in accordance with the advice of the Chief Justice.
Article 86. 1. Power to appoint persons to hold or act in offices to which this section applies (including power to confirm appointments), to exercise disciplinary control over persons holding or acting in such offices and to, remove such persons from office shall vest in the Judicial and Legal Service Commission. […].
Attorney General’s Office
Article 69. 1. There shall be an Attorney-General who shall be principal legal adviser to the Government of Mauritius. 2. The office of Attorney-General shall be the office of a Minister. 3. No person shall be qualified to hold the office of Attorney-General unless he is entitled to practise as a barrister in Mauritius, and, no person who is not a member of the Assembly shall be qualified to hold the office it he is for any cause disqualified from membership of the Assembly: Provided that a person may hold the office of Attorney-General notwithstanding that he holds or is acting in a public office (not being the office of Director of Public Prosecutions). 4. Where the person holding the office of Attorney-General is not a member of the Assembly, he shall be entitled to take part in the proceedings of the Assembly, and this Constitution and any other law shall apply to him as if he were a member of the Assembly: Provided that he shall not be entitled to vote in the Assembly. […]