Africa-Press – Mauritius. Attorney General Gavin Glover presented the Financial Crimes Commission (Miscellaneous Provisions) Bill to the National Assembly. The bill aims to strengthen Mauritian democracy and the rule of law by restoring the powers of the Director of Public Prosecutions (DPP), reflecting the electorate’s wishes. Glover argued that the bill isn’t a simple technical amendment, but a crucial step to rectify previous actions.
Glover criticized the 2023 Financial Crimes Commission Act, stating that it unconstitutionally expanded the Commission’s powers, particularly at the expense of the DPP. He described the act as a deliberate attack on prosecutorial independence, opening the justice system to political interference. The DPP’s objections, leading to a Supreme Court challenge, further underscored the bill’s flaws.
He highlighted the risks of politically motivated prosecutions and investigations, referencing past instances where opposition figures faced unsubstantiated charges. To prevent this, the bill emphasizes the independent operation of both the FCC and the DPP, ensuring the rule of law prevails over partisan interests. Glover pointed out the 2023 bill’s designation of the FCC as the apex agency for detection, investigation, and prosecution, along with the Prime Minister’s appointment of its director general, created a significant political bias.
The bill aims to restore the DPP’s authority as the ultimate prosecution authority. The FCC will no longer have the discretion to initiate or discontinue criminal proceedings without informing and justifying its decision to the DPP. This ensures that prosecutorial decisions are not made arbitrarily or for political gain.
Opposition leader Joe Lesjongard defended the previous government’s establishment of the FCC as a necessary body to fight money laundering and terrorist financing. He questioned whether the amendments would improve investigations or create delays, suggesting the amendments solely serve to reinstate the DPP’s prosecutorial rights. He implied that the remainder of the FCC Act remains sound.
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