Africa-Press – Mauritius. The Law Reform Commission (LRC) submitted, in June 2018, to the Attorney-General, an ‘Opinion Paper’ in which was examined the status of the implementation of the recommendations of the Mackay Report of 1998 (updated in 2006), as well as the relevant parts of the 2002 Sachs report on the reform of the structure and functioning of the judicial system and other related issues.
In this ‘Opinion Paper’ entitled ‘Reform of the Judicial System and Other Related Matters’, the Commission re-examined its proposals concerning the structure of the Supreme Court, the composition of the ‘Judicial and Legal Service Commission’, and other matters analogous to the functioning of our judicial system, and expressed his views on the way forward.
Although the Commission has no objection to the implementation of the recommendations of the Presidential Commission chaired by Lord Mackay that the Supreme Court should be composed of a Court of Appeal Section and a High Court, and that the Court of Appeal Section should hear appeals from the High Court and lower courts, it maintains the view expressed in its August 2011 Opinion Paper on the Establishment Court of Appeal and Composition of JLSC (Judicial and Legal Service Commission)’ that it is desirable that the Court of Appeal Section should only hear appeals from the High Court Section.
The Commission would also like to stress that differences of opinion, if any, as to the appellate jurisdiction of the Court of Appeal Division should not hamper the restructuring of the Supreme Court, which is urgently needed to improve the efficiency of the administration of justice.
The Commission also reiterates the views it expressed in its November 2011 Issue Paper entitled ‘Establishment of Family Court and Conduct of Family Proceedings’, namely that a ‘Family Court’ should be established as division of the High Court and that this ‘Family Court’ should have exclusive civil and criminal jurisdiction in family matters.
With regard to the composition of the Judicial and Legal Service Commission, the Law Reform Commission now considers that neither a barrister nor solicitor should be members of the JLSC, and that neither the Solicitor-General Nor should the Director of Public Prosecutions be members of the JLSC Committee, although the latter should be consulted regarding appointments of staff under their responsibility.
Furthermore, the Law Reform Commission considers that the JLSC should be composed exclusively of sitting judges of the Supreme Court (the Chief Justice, the Senior Puisne Judge and two other ‘most senior’ judges) plus the Chief Judge or the immediately retired Senior Puisne Judge (if the retired Chief Judge is unable to accept the appointment).
In addition, the ‘LRC’, like the Mackay Report, strongly recommends that the ‘Public Officers’ Protection Act’ be amended so that no special protection is afforded to officials or public authorities, as a shorter statute of limitations for actions brought against them.
Finally, the Commission recommends that, within the framework of the reform of the justice system, other issues should be addressed, such as the type of changes that can be made to the juvenile justice system, or the type of modifications that can be made to the jurisdiction and functioning of the Court of Rodrigues, and whether the status and powers of the Magistrate of the Court of Rodrigues should be reviewed; or even if it would be appropriate to set up a ‘Drug Court’.
A table on the status of implementation of the recommendations of the Mackay Report 1998 (updated in 2006), together with the relevant parts of the Sachs Report 2002, has been annexed to the document.
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