Africa-Press – Mauritius. The Civil Appeal Bill was presented and passed in the National Assembly. Attorney General Gavin Glover explained that this bill is part of a broader, long-term initiative to restructure the system and simplify procedural rules.
Currently, the rules governing civil appeals are scattered across several laws such as the Court of Civil Appeal Act, Courts Act, and the District and Intermediate Court Civil Jurisdiction Act.
Each was developed separately, resulting in inconsistencies, overlapping provisions, and uncertainty for litigants. This has led to confusion, disputes, and unnecessary delays.
The new bill addresses these issues by consolidating all civil appeal procedures into a coherent framework, replacing outdated legislation and standardizing the rules for appeals.
It introduces a uniform process for filing and hearing appeals, ensuring that “regardless of the jurisdiction, the same steps and deadlines apply,” according to Glover.
The bill empowers the Civil Appeal Court and the Supreme Court to rule on matters referred to them by lower courts, allowing quick clarification of legal points.
It also introduces more realistic deadlines for submitting arguments and written conclusions: appellants must now file 30 days before the hearing instead of 45, and defendants 15 days before instead of 30.
These changes, based on the experience of legal practitioners and judges, aim to enhance efficiency in scheduling and decision-making. Previously, the Civil Appeal Court and the Supreme Court did not have equal authority over civil appeals.
The bill corrects this technical anomaly by requiring courts to immediately inform parties of their right to appeal in writing after a judgment. This ensures access to justice is not hindered, especially for self-represented litigants.
Amendments have been made to related laws including the Courts Act, the District and Intermediate Court Civil Jurisdiction Act, the Environment and Land Use Appeal Tribunal Act, the Equal Opportunities Act, the Industrial Court Act, and the Sale of Immovable Property Act.
The Court of Civil Appeal and its 1965 regulations have been fully repealed, making this bill the sole reference for civil appeals. Gavin Glover noted he will propose amendments to the Court of Rodrigues Jurisdiction Act to align its procedures with the new law.
He said the reforms will make civil appeals simpler, faster, and less prone to procedural disputes, reducing the courts’ workload. The bill’s development involved close consultation between the Attorney General’s office, the Chief Justice, and Supreme Court judges, reflecting their daily experience and support for a unified, efficient appeals system.
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