annual report - supreme court of mauritius report of...staff of the judiciary and court rooms 11.1 -...
TRANSCRIPT
August 2018
Republic of Mauritius
ANNUAL REPORT
OF
THE JUDICIARY
2017
ANNUAL REPORT
OF
THE JUDICIARY
2017
i
JUDGES OF THE SUPREME COURT
Year 2017
CHIEF JUSTICE
Honourable Kheshoe Parsad MATADEEN
SENIOR PUISNE JUDGE
Honourable Marc France Eddy BALANCY
PUISNE JUDGES
1. Honourable Ah Foon CHUI YEW CHEONG (Retired on 12 August 2017)
2. Honourable Asraf Ally CAUNHYE
3. Honourable Abdurrafeek HAMUTH
4. Honourable Hima Nalini MATADEEN
5. Honourable Joseph Gérard ANGOH
6. Honourable Bibi Rehana MUNGLY-GULBUL
7. Honourable Deviyanee BEESOONDOYAL (Retired on 29 September 2017)
8. Honourable Nirmala DEVAT
9. Honourable David CHAN KAN CHEONG
10. Honourable Rita TEELOCK
11. Honourable Prithviraj FEKNA
12. Honourable J Benjamin G MARIE JOSEPH
13. Honourable Oomeshwarnath BENY MADHUB
14. Honourable Aruna Devi NARAIN
15. Honourable Mohammad Iqbal MAGHOOA
16. Honourable Gaitree JUGESSUR-MANNA
17. Honourable Nicholas François OHSAN-BELLEPEAU
18. Honourable Veronique KWOK YIN SIONG YEN
19. Honourable Shameen Banon Ayyub Hamuth LAULLOO
ii
Administrative
& Technical
Officers
The Supreme Court Organisation Chart
Judicial Officers
Chief Justice
Master & Registrar
Puisne Judges
Senior Puisne Judge
Deputy Master & Registrar
Secretary to the Chief Justice
Chief
Court Usher
Court
Ushers’
Office
Senior
Court
Officer
Legal Aid
Unit
Manager
Human
Resources
Human
Resource
Unit
Manager
Financial
Operations
Finance
Unit
Senior
System
Analyst
Information
Services
Section
Senior Law
Librarian
Library
Statistician
Statistics
Unit
Senior
Registrar/
Regional Court
Administrator
Registry
Senior
Transcriber
Transcription
Unit
Chief Registrar Deputy Chief Registrar
Senior
Registrar/
Regional Court
Administrator
Internal Control
Unit
Chief Court
Officer/Court
Manager
Master’s
Office
Chief Court
Officer/Court
Manager
Commercial
Division
Chief Court
Officer/Court
Manager
Family
Division
Chief Court
Officer/Court
Manager
Secretary to
Judges’ Office
Principal Court
Officer
Mediation
Division
Page
The Judiciary 1 - 9
Supreme Court 10 & 11
1.1 - All cases at the Supreme Court, 2014 - 2017 12
1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2014 - 2017 13
1.3 - Offences disposed of by type of offence at the Criminal Division of the
Supreme Court (Assizes), 2014 - 201713
1.3a - Offences disposed of by type of offence and outcome of judgment at the
Criminal Division of the Supreme Court (Assizes), 2014 - 2017 14
1.4 - Appellate Jurisdiction at the Supreme Court, 2014 - 2017 15
1.5 - Civil cases at the Supreme Court, 2014 - 2017 16
1.6 - Divorce cases, Republic of Mauritius, 2014 - 2017 17
1.7 - Divorces/Judicial separations pronounced by number of children involved in
the marriage, Republic of Mauritius, 2014 - 201718
1.8 - Divorces pronounced by petitioning parties and grounds, Republic of
Mauritius, 2014 - 201719
1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),
Republic of Mauritius, 2014 - 201720
1.10 - Civil cases at the Mediation Division of the Supreme Court, 2014 - 2017 21
Intermediate Court 22
2.1 - Civil and criminal cases at the Intermediate Court, 2014 - 2017 22
Industrial Court 23
3.1 - Civil and criminal cases at the Industrial Court, 2014 - 2017 23
Bail & Remand Court and Weekend Court 24
4.1 - Cases at the Bail & Remand Court (BRC), 2014 - 2017 24
5.1 - Cases at the Weekend Court, 2014 - 2017 24
District Courts 25
6.1 - Civil and criminal cases at the District Courts, 2014 - 2017 26
6.2 - Criminal cases at the District Courts, 2014 - 2017 27
6.3 - Civil cases at the District Courts, 2014 - 2017 28
6.4 - Cases postponed on the day of trial at the District Courts, 2017 29
6.5 - Plaint with summons (civil) cases at the District Courts, 2014 - 2017 30
HIGHLIGHTS & TABLES
C O N T E N T S
6.6 - Small Claim Procedure at the District Courts, 2014 - 2017 30
6.7 - State debts cases at the District Courts, 2014 - 2017 31
6.8 - Cases under the Protection from Domestic Violence Act 1997 at the
District Courts, 2014 - 201731
6.9 - Type of Orders under the Protection from Domestic Violence Act 1997 at the
District Courts, 2016 & 201732
6.10 - Protection Orders under the Protection from Domestic Violence Act 1997 at
the District Courts, by spouse/partner and other persons living under the same
roof, 2016 & 2017
33
6.11 - Protection Orders under the Protection from Domestic Violence Act 1997 at
the District Courts, by spouse/partner and other persons living under the same
roof and by sex, 2017
33
6.12 - Protection Orders (spouse/partner) under the Protection from Domestic
Violence Act 1997 at the District Courts, by age-group & sex, 201734
Cases (civil and criminal) in the Republic of Mauritius 36
7.1 - Total cases, Republic of Mauritius, 2014 - 2017 37
7.2 - Total criminal cases, Republic of Mauritius, 2014 - 2017 38
7.3 - Total civil cases, Republic of Mauritius, 2014 - 2017 39
Crime Statistics 41
8.1 - Criminal offences disposed of according to United Nations classification of
offences (broad categories), Republic of Mauritius, 2016 & 201742
8.2 - Criminal offences disposed of by courts and outcome of judgment,
Republic of Mauritius, 2016 & 201743
8.3 - Convicted offences according to United Nations classification of offences,
Republic of Mauritius, 2016 & 201745-49
8.4 - Convicted offences by court and according to United Nations classification of
offences (broad categories), Republic of Mauritius, 201750
8.5 - Drug offences convicted by type, Republic of Mauritius, 2014 - 2017 51
8.6 - Road traffic contraventions convicted by type, Republic of Mauritius,
2016 & 201752
The Legal Aid Unit and Revenue and Expenditure of the Judiciary 53
9.1 - Legal aid assistance - applications received, services granted and amount paid -
Republic of Mauritius, 2014 - 2017
54
10.1 - Revenue collected from courts, Republic of Mauritius, 2014, January to June
2015, 2015/2016 & 2016/2017
54
10.2 - Expenditure of the Judiciary, Republic of Mauritius, 2014, January to June
2015, 2015/2016 & 2016/2017
54
Staff of the Judiciary and court rooms
11.1 - Staff of the Judiciary, Republic of Mauritius, 2016 & 2017 55
11.2 - Court rooms by type of court, Republic of Mauritius, 2014 - 2017 56
11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),
Republic of Mauritius, 2014 - 201756
12.1 - Courses and training carried out by the Institute for Judicial and Legal Studies
(IJLS), 2016 & 201757
12.2 - Staff of the Institute for Judiciary and Legal Studies, Republic of Mauritius,
2016 & 201757
1.5a - Cases lodged at the Supreme Court, 2016 & 2017 17
1.5b - Cases disposed of at the Supreme Court, 2016 & 2017 17
1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),
Republic of Mauritius, 201720
District Courts
6.1a - Civil and criminal cases lodged, disposed of and outstanding at the
District Courts, Republic of Mauritius, 2016 & 201735
6.1b - Civil and criminal cases disposed of by District Courts, 2016 & 2017 35
Cases (civil and criminal) in the Republic of Mauritius
7.1 - Total cases lodged, disposed of and outstanding, Republic of Mauritius,
2016 & 201740
7.2 - Total criminal cases lodged, disposed of and outstanding,
Republic of Mauritius, 2016 & 201740
7.3 - Total civil cases lodged, disposed of and outstanding, Republic of Mauritius,
2016 & 201740
Crime Statistics
8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2017 44
I - Supreme Court Library and Information Service
II - Glossary of terms
A N N E X E S
Private Legal Practitioners
FIGURES
Supreme Court
1. THE JUDICIARY
1.1 INTRODUCTION
The Judiciary is one of the three pillars of our sovereign democratic State. By virtue of the
Constitution, the Judiciary is vested with the power to administer justice in the Republic of
Mauritius. In line with the Constitution which makes provision for an independent Judiciary
based on the concept of separation of powers, the Judiciary of Mauritius is independent of the
other two organs of the State - the Executive and the Legislature.
The independence of our Judiciary, apart from being vital for the functioning of our
democratic system of government, empowers our Courts to uphold the Rule of Law and to
act as guardian of the Fundamental Rights entrenched in our Constitution and to ensure and
enforce good governance. The Chief Justice is the Head of the Judiciary.
1.2 VISION & MISSION STATEMENTS OF THE JUDICIARY
Vision Statement - To develop a justice system which is recognized as a national and
international model of excellence
Mission Statement - To maintain an impartial and efficient justice system that
upholds the Rule of Law and provides modern, easy and fast access to justice to all.
1.3 STRATEGIC DIRECTION, MAIN ACHIEVEMENTS, KEY ACTIONS AND
HUMAN RESOURCE ALLOCATION
1.3.1 Strategic Direction
Introduce legislation to set up a separate Court of Appeal and a separate High Court Division
of the Supreme Court to improve public perception of independence and objectivity in
dispensing justice and to streamline appeal cases.
Set up a state-of-the art Building for the Supreme Court and all its divisions.
Focus on the maintenance and upgrading of all District Court premises to ensure better
services to all stakeholders.
Reinforce special witness schemes.
Promote Continuous Professional Development for all Court Personnel at the Institute for
Judicial and Legal Studies.
1.3.2 Main Achievements for 2015/16
Pilot Phase E-Judiciary System completed.
Number of outstanding cases at the Mediation Division of the Supreme Court has
considerably been reduced from 39 in 2015 to 26 in 2016.
Training/Capacity building conducted:
(i) Training on Case Management at Institute for Judicial and Legal Studies for Court
Managers.
2
(ii) Commonwealth Secretariat training courses in December 2015 on Judicial Independence,
Ethics and Judgment Writing for Judges and Magistrates.
(iii) Sponsoring of Diploma in Legal Studies and Court Administration - 14 Officers of the
Court Cadre are following the said Course (August 2015- December 2016).
1.3.3 Key Actions for 2016/17
Revamping of the Video Conferencing System at the New Court House and the Prisons to
reduce costs and enhance security and constitutional rights of suspects.
Video Conferencing System revamped at the New Court House and prisons: 100%.
Revamping of the Digital Court Recording System to enable faster and better quality court
records.
Percentage of District Courts with upgraded Digital Court Recording System: 70 %
1.3.4 Human Resource Allocation
The Judiciary has 706 funded positions for 2016/17.
1.4 JUDICIAL SYSTEM
Mauritius has a single-structured judicial system consisting of two tiers - the Supreme Court
and subordinate courts. The Supreme Court sitting as Court of First Instance is composed of
various Divisions exercising jurisdiction such as the Master’s Court, the Family Division, the
Commercial Division, the Criminal Division, the Mediation Division and as an Appellate
jurisdiction (it hears and determines civil & criminal appeals from decisions of the
subordinate courts), sits as Court of Civil Appeal and the Court of Criminal Appeal (to hear
and determine appeals from decisions of the Supreme Court sitting in the exercise of its
original jurisdiction in civil and in criminal matters). Subordinate courts consist of the
Intermediate Court, the Industrial Court, the District Courts, the Bail and Remand Court and
the Court of Rodrigues.
1.4.1 Judicial and Legal Service Commission (JLSC)
The JLSC established under the Constitution is chaired by the Honourable Chief Justice and
is responsible for the appointment and promotion of Judicial and Legal Officers, together
with the power to exercise disciplinary control over them.
1.5 SUPREME COURT
The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and nineteen
Puisne Judges. It is a superior Court of Record and has unlimited jurisdiction to hear and
determine any civil and criminal proceedings. It has a similar original jurisdiction as the High
Court of England and is vested with the necessary powers and authority to exercise its
jurisdiction as a Court of Equity. The Supreme Court also exercises supervisory jurisdiction
over subordinate courts in order to ensure that justice is duly delivered. The Supreme Court
has the sole power to determine whether any provision of the Constitution has been
contravened, including the power to determine whether any law enacted by Parliament
contravenes any provision of the Constitution.
3
1.5.1 Disciplinary Powers
The Supreme Court has the power and jurisdiction to hear and determine any complaint of a
disciplinary nature in respect of professional conduct of a law practitioner or a ministerial
officer including a land surveyor.
1.5.2 Civil Jurisdiction of the Supreme Court as Court of first instance
The Supreme Court hears and determines:
i. any civil matter, although it will generally entertain and hear claims where the matter
in dispute is of a value which is more than Rs 500,000;
ii. divorce and matrimonial proceedings;
iii. petitions for insolvency and all matters of a commercial nature;
iv. admiralty matters and
v. claims for Constitutional relief
vi. Judicial Review of administrative decisions
Civil proceedings are normally heard and determined by a single Judge, unless otherwise
provided for under any written law or as may be decided by the Chief Justice, having regard
to the interests at stake or to the importance or intricacy of the questions of fact or law to be
determined.
(a) The Family Division of the Supreme Court
The Family Division of the Supreme Court was set up administratively in January 2008. It
exercises jurisdiction in any matter under the Divorce and Judicial Separation Act or under
any other enactment which relates to alimony, maintenance or the custody or guardianship of
minors, other than a matter which is under an enactment within the exclusive jurisdiction of a
Magistrate. Two Puisne Judges, designated by the Chief Justice, are posted in the Family
Division.
(b) The Commercial Division of the Supreme Court
The Commercial Division of the Supreme Court was set up administratively in 2009. Two
Puisne Judges designated by the Chief Justice sit in that Division. It entertains, hears and
determines matters arising under the Insolvency Act 2009 and the Companies Act, disputes
relating to banking, bills of exchange, offshore business, patents and trademarks or passing
off, disputes between traders and related matters and generally deals with anything which is
of a commercial nature.
(c) Master’s Court
The Master’s Court is presided by the Master and Registrar and the Deputy Master &
Registrar. It exercises the jurisdiction conferred upon it by the ‘Code Civil Mauricien’ in
relation to successions and wills, the division of immovable property and by the Sale of
Immovable Property Act. The Master’s Court also deals with and rules upon all pre-trial
issues for civil cases lodged before the Supreme Court and “Juge de mise en état”
(d) The Mediation Division
One Puisne Judge is currently in post at the Mediation Division.
4
The Chief Justice may, upon the application of any party, refer a civil suit, action, cause or
matter pending before the Supreme Court to the Mediation Division.
The primary purpose of mediation is to dispose of civil suits, actions, causes or matters by
common agreement or to narrow down the issues in dispute.
1.5.3 The Criminal Division of the Supreme Court (Assizes)
The Supreme Court in the exercise of its criminal jurisdiction has the power to try any person
charged with having committed a crime or a misdemeanour.
Assizes and serious drug cases are heard on a daily basis at the Criminal Division of the
Supreme Court. Criminal trials are either held before a Presiding Judge and a jury consisting
of 9 persons who are qualified to serve as jurors or before a Presiding Judge without a jury.
Offences laid under the Criminal Code falling under the exclusive jurisdiction of the
Supreme Court are tried at the Criminal Division before a Presiding Judge and a jury. Section
10 of the Criminal Procedure Act provides for offences triable by Supreme Court without a
jury namely offences committed under an enactment specified in the Fifth Schedule of the
Criminal Procedure Act.
In the exercise of its criminal jurisdiction, the Supreme Court is empowered to inflict penal
servitude for life in cases of murder, or where the Court is satisfied that substantial and
compelling circumstances exist which justify the imposition of a lesser sentence, a term not
exceeding 60 years.
1.5.4 Appellate jurisdiction of the Supreme Court
The Supreme Court has full power and jurisdiction to hear and determine all appeal cases,
whether civil or criminal, from the decision of:
i. a Judge in the exercise of his original jurisdiction;
ii. the Master’s Court;
iii. the Intermediate Court;
iv. the Industrial Court;
v. the District Courts,
vi. Bail and Remand Court; and
vii. any other Court or body established under any other enactment.
Appeals to the Supreme Court are heard before at least two Judges, except as otherwise
provided for in any other enactment.
1.5.5 Court of Civil Appeal
The Court of Civil Appeal is a Division of the Supreme Court. It hears and determines all
appeals from the decisions of the Supreme Court sitting as the Court of first instance in civil
proceedings. It is constituted of two or three Judges, as the Chief Justice may decide. Where
the Chief Justice is absent or is for any reason unable to sit on the Court of Civil Appeal, the
Senior Puisne Judge, presides over the Court of Civil Appeal.
5
1.5.6 Court of Criminal Appeal
The Court of Criminal Appeal is a Division of the Supreme Court. It is constituted of three
Judges and has full power to hear and determine all appeals from the decisions of the
Supreme Court sitting as the Court of first instance in criminal proceedings. The Chief
Justice and, in his absence the Senior Puisne Judge, presides over the Court of Criminal
Appeal.
1.6 THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL
The Judicial Committee is the final court of appeal of Mauritius. An appeal shall lie from
decisions of the Court of Appeal or of the Supreme Court to the Judicial Committee as of
right in the following cases:
i. final decisions in any civil or criminal proceedings and on questions relating to the
interpretation of the Constitution;
ii. where the matter in dispute is of the value of Rs 10,000 or upwards or where the
appeal involves directly or indirectly a claim to or a question respecting property or a
right of the value of Rs 10,000 or upwards;
iii. final decisions in proceedings under section 17 of the Constitution for the
enforcement of protective provisions;
iv. with leave of the Supreme Court, where in the opinion of the Court the question
involved in the appeal is one that by reason of its great general or public importance
or otherwise ought to be submitted to the Judicial Committee.
1.7 SUBORDINATE COURTS
1.7.1 Intermediate Court
The Intermediate Court is established under the Courts Act and has islandwide civil and
criminal jurisdiction, including Rodrigues. It consists of two Presidents, two Vice-Presidents
and any such number of Magistrates of the Intermediate Court established under the Civil
Establishment Act.
(a) Civil Jurisdiction of the Intermediate Court
The Intermediate Court has jurisdiction in all civil cases where the claim or matter dispute,
whether in balance of account or otherwise, does not exceed Rs 500,000. The Bench of the
Intermediate Court is constituted by one or more Magistrates, as may be decided by the
President.
(b) Criminal Jurisdiction
The Intermediate Court has jurisdiction to hear and determine serious criminal offences
referred to it by the Director of Public Prosecutions under specific sections of the Criminal
Code and any other offence that can be tried by the Intermediate Court under any other
enactment. It has power to inflict penal servitude on convicted offenders for a period not
exceeding fifteen years and imprisonment for a period not exceeding ten years. However, for
persistent offenders, the Intermediate Court may increase the sentence to twenty years’ penal
servitude. The Intermediate Court is also empowered to inflict a higher sentence for offences
under the Dangerous Drugs Act and certain specific offences, for example, rape and money
laundering offences.
6
1.7.2 Industrial Court
The Industrial Court consists of a President and a Vice-President. It is established under the
Industrial Court Act and has exclusive civil and criminal jurisdiction to try any matter arising
out of the Employment Rights Act, Employment and Training Act, Export Processing Zones
Act, Passenger Transport Industry (Buses) Retiring Benefits Act, Sugar Industry Retiring
Benefits Act, Workmen’s Compensation Act and Health & Welfare legislations.
1.7.3 District Courts
There are ten District Courts on the Island of Mauritius and one in Rodrigues. District Courts
have jurisdiction to try and determine both civil and criminal cases as provided for by law.
Each District Court is presided by a District Magistrate and any such number of District
Magistrates as may be decided by the Chief Justice.
(a) Civil Jurisdiction of the District Court
The District Court has jurisdiction in all civil cases where the claim or matter in dispute does
not exceed Rs 50,000. Conversely, District Magistrates have exclusive jurisdiction in
landlord and tenant disputes, irrespective of the amount of the claim for non-payment of rent.
(b) Jurisdiction under the Protection from Domestic Violence Act 1997
By virtue of the Protection from Domestic Violence Act 1997, Court Officers are entrusted
with the duty of receiving and processing applications for an Order from an aggrieved spouse
and from persons living under the same roof, who may be victims of domestic violence.
District Magistrates are empowered to hear and determine such applications and to issue
Protection Orders where the Court is satisfied that there is a serious risk of harm to the
applicants. District Magistrates are also empowered to receive and determine applications
for the issue of Occupation Orders and Tenancy Orders. Such orders confer upon the victims
of domestic violence the exclusive right to the use and occupation of the conjugal common
house.
(c) Small Claims Procedure
The Small Claims Procedure was introduced in 1999 to enable District Courts to adjudicate
on minor claims not exceeding Rs 25,000 in a summary and expeditious manner. Such
claims are lodged by the litigants themselves after filling in a prescribed form which is
served on the adverse parties. Both parties are convened before the Magistrate in Chambers
to resolve the dispute. In the event that there is no agreement between the parties, the matter
is set down for trial. It is to be noted that such cases are disposed of by conflict resolution
rather than through a trial process.
(d) Criminal Jurisdiction
District Courts have power and jurisdiction to hear and determine criminal cases punishable
by a term of imprisonment not exceeding five years and a fine not exceeding Rs 100,000.
(e) Juvenile Court
District Magistrates also exercise jurisdiction as Magistrates of the Juvenile Court. The
Juvenile Court tries young persons suspected of having committed criminal offences. The
7
Juvenile Court also deals with children who are beyond parental control and/or who need
care and protection.
(f) Court of Rodrigues
The Court of Rodrigues is administered by a full-time Magistrate and a visiting Judge of the
Supreme Court.
(g) Other smaller islands forming part of the Republic of Mauritius
A visiting Magistrate also visits other smaller islands forming part of the Republic of
Mauritius whenever required.
1.7.4 Bail and Remand Court
The Bail and Remand Court (BRC) established under Part IV of the Bail Act 1999, as
subsequently amended by Act No 34 of 2011, has exclusive jurisdiction with regard to
remand or release of persons charged with an offence or arrested on reasonable suspicion of
having committed an offence. It also operates on weekends and public holidays to safeguard
the Constitutional rights of detainees.
The BRC is presided over by a District Magistrate and is located at the New Court House in
Port Louis.
1.8 THE INSTITUTE FOR JUDICIAL AND LEGAL STUDIES (IJLS)
The Institute for Judicial and Legal Studies (IJLS) was in effect set up on 1st October 2011,
the date on which the IJLS Act was proclaimed. The objective of the IJLS is to devise,
organise and conduct Continuing Professional Development (CPD) Programmes (lectures/
workshops/ seminars) for law practitioners as well as courses for prospective judicial and
legal officers and law practitioners who qualified as such in a state other than Mauritius to
promote proficiency and ensure the maintenance of standards in the Judiciary, among law
practitioners and legal officers, and generally in the delivery of Court services, inter alia.
As a complementary enactment, the Law Practitioners (Amendment) Act 2011 makes
provision for the Institute to devise and organise CPD Programmes for each of the three
branches of the legal profession with a view to broadening the knowledge of law
practitioners and legal officers, to keep them abreast of developments in the law, and to
encourage them to share experiences and enhance their professional skills.
The IJLS is also active in organizing judges and magistrates’ retreats and training in
judgecraft and other relevant topics. The magistrates have also regularly been present for
selected law lectures which fall in the purview of their domain. In addition, the IJLS has also
delivered training for the personnel of the Judiciary, the court managers and court ushers.
Some training has also been given to the police and to legal officers in banks and other
corporates.
Moreover, the IJLS also runs an Inductive Course for the Prospective Barristers bi-annually
and a DU in Mauritian Civil Law every 2 years in collaboration with Universite de la
Reunion. It also holds an IJLS Pupils’ Moot Competition and a colloque on French law
aspect of Mauritian law annually. IJLS is also involved in research and publication and has
8
launched its own IJLS Law Journal online with the objective to be an interface between the
Judiciary and the legal profession and contribute to Mauritian jurisprudence
1.9 THE RULES COMMITTEE
The Rules Committee was set up in August 2001 to advise and make recommendations to the
Chief Justice in respect of rules to be made under section 198 of the Courts Act. The Rules
Committee consists of a Judge (Chairperson of the Committee) appointed by the Chief
Justice, the Master and Registrar or his representative, a representative of the Bar Council, a
representative of the Law Society, a representative of the Attorney-General’s Office and two
other law practitioners appointed by the Chief Justice.
1.10 REFORM
E-judiciary
The Judiciary has, since April 2010, embarked on the development and implementation of an
electronic filing of cases and an electronic case management system.
The programme has materialized with the help of Investment Climate Facility for Africa
(ICF) which provided a grant of 75% of the project costs, the balance being funded by the
Government of Mauritius. Mauritius Network Services Ltd has been awarded the contract to
develop and implement the software with the assistance of its foreign partner, Crimson Logic
of Singapore.
Phase I
Phase I of the project concerns cases lodged before the Supreme Court (Commercial & Civil
cases) and before the Judge in Chambers. The launching of the first phase on a pilot basis
took place in April 2013 at the Commercial Division of the Supreme Court. The system will
be extended to other divisions of the Supreme Court (except for the Family and the Criminal
Divisions). The e-judiciary will be implemented in these Divisions and in all subordinate
courts during Phase II of the modernization of the Judiciary.
1.11 PROJECTS
Revenue Collection and Case Management System
A modern Computerised Revenue Collection System for proper control and monitoring of
collection of revenue is being set up thereby generating all outstanding arrears to be included
in the half yearly return of arrears of revenue. With the new system, data will be securely
shared among all Courts so that the general public can pay fines/fees at any Court in
Mauritius. The possibility to perform online payment is also being contemplated. Moreover,
the backend of the solution would provide officers of the Judiciary with new tools for better
control and access to case information resulting in better management of cases.
Revamping of Digital Court Recording System (DCRS)
The Digital Court Recording System (DCRS) is in operation since 1999 at the Supreme
Court and the Intermediate and Industrial Courts for the recording of court proceedings. The
Judiciary is currently revamping the existing DCRS by extending such facilities to all Courts
9
of Mauritius which will contribute to improve the quality and accuracy of court records at all
levels and speeding up transmission of court files to Judges and Magistrates after hearings for
determination.
Video Conferencing System (VCS)
The Bail and Remand Court (BRC) at New Court House Port Louis has a video conferencing
System (VCS) which is in operation since 1999 and enables most accused persons on remand
and witnesses, particular the “vulnerable” ones to be heard without the need to be physically
present in the courtroom. The VCS obviates the need to incur time and expense of
transporting accused persons to the Court and the associated risks thereto.
In order to function properly the VCS has been upgraded recently to support IP network. This
has cut down the operating costs by communicating with the Remand Prisons through IP,
using the Government Intranet System (GINS) and provide for a more secure communication
between the Prisons and the BRC.
10
2. SUPREME COURT
2.1 All cases
The total number of cases lodged (excluding appeal cases) at the Supreme Court
decreased by 6%, to 9,263 in 2017 from 9,810 in 2016 (Table 1.1).
However, the total number of cases disposed of (excluding appeal cases) at the
Supreme Court increased by 3%, to 8,978 in 2017 from 8,752 in 2016.
A physical count of the total number of outstanding cases (excluding appeal cases)
showed that 9,516 cases were not yet disposed of at the end of the year 2017,
representing a significant rise of 4% over the figure of 9,166 in 2016 (Table 1.1).
2.2 The Criminal Division of the Supreme Court (Assizes)
The number of criminal offences, convicted at the Criminal Division of the Supreme
Court (Assizes), remained at 26 in 2016 and 2017 with an increase in custodial
sentence for manslaughter from 4 to 10 whilst that for murder decreased from 5 to 4.
The number of convictions for drug offences fell from 15 in 2016 to 9 in 2017 (Table
1.3a).
2.3 Appellate Jurisdiction
In 2017, some 374 appeal cases (221 civil and 153 criminal) were lodged at the
Supreme Court with an increase of 8% over the 2016 figure of 345. About 30% of the
221 civil appeals were from lower Courts. On the contrary, most (95%) of 153
criminal appeal cases lodged were from the lower Courts and the remaining 7 cases
from the Court of Criminal Appeals.
The total number of cases disposed of at the Appellate Jurisdiction decreased by 7%, to
287 in 2017 from 307 in 2016 due to drops of 9% in criminal cases to 132 and 4% in
civil cases to 155.
At the end of year 2017, some 667 cases (433 civil and 234 criminal) were physically
counted, up by 15% against 580 in 2016 (Table 1.4).
2.4 Family Division
The total number of divorce petitions lodged for the Republic of Mauritius decreased
by 2%, to 2,617 in 2017 from 2,681 in 2016. This was due to a fall of 3% for Mauritius
and a rise of 26% for Rodrigues (Table 1.6).
Conversely, the number of divorce petitions disposed of increased by 3%, to 2,364 in
2017 from 2,293 in 2016. About 84% of the 2,364 divorce cases disposed of resulted in
‘divorce pronounced’ (Table 1.6).
In 2017, around 44% of the petitioners were females compared to 29% of males; 65%
were married for 14 years or less; 27% of divorces were pronounced on mutual consent
from both parties and 64% had only one or no child from the marriage (Tables 1.7 to
1.9).
A physical count of the total number of cases outstanding was 2,122 at the end of year
2017, a rise of 14% over the 2016 figure of 1,869.
11
2.5 Mediation Division
The number of civil cases received at the Mediation Division of the Supreme Court
decreased from 97 in 2016 to 31 in 2017. Out of 57 cases (31 received in 2017 and 26
pending at the beginning of 2017), about 63% were referred back to court and 18%
were recorded agreements but there was no case of purely and simply struck out/set
aside.
The number of outstanding cases at the end of 2017 dropped to 11, from 26 for the
same period in 2016 (Table 1.10).
Table 1.1 - All cases at the Supreme Court, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Appeal cases 765 539 542 580 329 303 345 374 555 300 307 287 539 542 580 667
Civil 481 334 334 367 180 140 195 221 327 140 162 155 334 334 367 433
Criminal 284 205 208 213 149 163 150 153 228 160 145 132 205 208 213 234
Other cases 9,258 8,055 8,108 9,231 9,154 9,091 9,810 9,263 10,357 9,381 8,752 8,978 8,055 7,765 9,166 9,516
Civil1 9,223 8,019 8,073 9,202 9,115 9,056 9,790 9,235 10,319 9,345 8,726 8,952 8,019 7,730 9,137 9,485
Criminal 35 36 35 29 39 35 20 28 38 36 26 26 36 35 29 31
Total 10,023 8,594 8,650 9,811 9,483 9,394 10,155 9,637 10,912 9,681 9,059 9,265 8,594 8,307 9,746 10,183
1 Civil cases (Master's Court) pending at the beginning of year 2017 revised in light of physical count carried out at the end of the year 2016
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
12
Table 1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
35 36 35 29 39 35 20 28 38 36 26 26 36 35 29 31
20 28 20 19 32 18 11 18 24 26 12 18 28 20 19 19
15 8 15 10 7 17 9 10 14 10 14 8 8 15 10 12
Murder
Manslaughter
Rape
Sodomy
Heroin
Importation
Dealing * *
Possession * *
Other * *
Cannabis/gandia
Importation
Possession * *
Cultivation * * -
Other drugs2
Total
1A case may comprise one or more offences * Not collected separately prior to 2016 - Nil
2Other drugs include importation/trafficking/possession of other drugs (e.g hashish, subutex, buprenorphine, etc.)
40 36 33 30
4 -
2
- 6 1 3
6 -
4 -
1 - 1 -
16 4 4 7
1 -
Aiding & abetting in the
commission of a crime- 1 - -
Trial without Jury 17 10 21 12
3 - - -
3 - - -
8 13 5 11
Wounds and blows causing death
without intention to kill but with
premeditation
3 7 2 2
Trial by Jury 23 26 12 18
6 5 5 5
Trial by Jury
Trial without Jury
Table 1.3 - Offences1 disposed of by type of offence at the Criminal Division of the Supreme Court
(Assizes), 2014 - 2017
Offences 2014 2015 2016 2017
Cases pending at the
beginning of the yearCases lodged Cases disposed of
Cases outstanding at the
end of the year
Criminal Division
13
2014 2015 2016 2017
Total convictions 39 34 26 26
Imprisonment 35 32 26 25
Intentional homicide 14 17 9 14
Murder 6 4 5 4
Manslaugher 8 13 4 10
Non intentional homicide 3 7 2 2
Wounds and blows causing death2 3 7 2 2
Sexual offences 6 - - -
Rape 3 - - -
Sodomy 3 - - -
Drug offences 12 8 15 9
Importation of heroin 11 3 4 6
Possession of heroin * * 4 -
Other heroin * * 3 -
Importation of cannabis 1 - 1 -
Possession of cannabis * * 3 -
Cultivation of cannabis * * - 1
Other3 - 5 - 2
Fine 4 2 - 1
Drug offences 4 2 - 1
Importation of heroin 4 1 - -
Other3 - 1 - 1
1 2 7 4
Intentional homicide - 1 1 2
Murder/Manslaughter - 1 1 2
Drug offences 1 - 6 2
Importation of heroin 1 - - 1
Dealing heroin * * 1 -
Possession of heroin * * 2 -
Other heroin * * 1 -
Possession of cannabis * * 1 -
Cultivation of cannabis * * - 1
Other3 - - 1 -
Other offences - 1 - -
Aiding & abetting in the commission
of a crime - 1 - -
Total 40 36 33 30
1A case may comprise one or more offences - Nil
* Not collected separately prior to 2016
Table 1.3a - Offences1 disposed of by type of offence and outcome of judgment at the
Criminal Division of the Supreme Court (Assizes), 2014 - 2017
Dismissed/Struck Out/Nolle Prosequi
2Wounds and blows causing death without intention to kill but with premeditation
3Other include importation/trafficking/possession of other drugs (e.g hashish & subutex/buprenorphine, etc.)
14
Table 1.4 - Appellate Jurisdiction at the Supreme Court, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Civil 481 334 334 367 180 140 195 221 327 140 162 155 334 334 367 433
Civil appeals from
lower Courts127 102 85 79 43 42 48 64 68 59 54 42 102 85 79 101
Appeals from
decisions of the Judge
sitting at Chambers,
Tribunals & other
authorities, etc.
218 123 143 174 56 48 77 85 151 28 46 58 123 143 174 201
Court of Civil
Appeals136 109 106 114 81 50 70 72 108 53 62 55 109 106 114 131
Criminal 284 205 208 213 149 163 150 153 228 160 145 132 205 208 213 234
Criminal appeals from
lower Courts270 200 204 211 146 157 147 146 216 153 140 129 200 204 211 228
Court of Criminal
Appeals14 5 4 2 3 6 3 7 12 7 5 3 5 4 2 6
Total 765 539 542 580 329 303 345 374 555 300 307 287 539 542 580 667
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
15
Table 1.5 - Civil cases at the Supreme Court, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Commercial Court 797 538 757 801 1,672 1,596 1,599 1,687 1,931 1,720 1,555 1,567 538 414 801 921
Chambers 147 112 121 107 843 735 697 707 878 736 711 706 112 111 107 108
Commercial matters 593 419 523 581 757 780 714 704 931 900 656 587 419 299 581 698
Bankruptcy petitions 57 7 113 113 72 81 188 276 122 84 188 274 7 4 113 115
Master's Court 1 1,515 1,488 1,595 1,797 572 589 699 408 599 482 562 461 1,488 1,595 1,732 1,744
Levy cases 819 776 828 994 351 345 459 184 394 293 358 275 776 828 929 903
Division in kind cases 696 712 767 803 221 244 240 224 205 189 204 186 712 767 803 841
Family Division 2,589 2,223 2,004 2,522 3,722 3,952 4,033 3,861 4,088 4,171 3,515 3,633 2,223 2,004 2,522 2,750
Divorce petitions 1,925 1,507 1,446 1,837 2,292 2,475 2,603 2,519 2,710 2,536 2,212 2,285 1,507 1,446 1,837 2,071
Motions (alimony, child
custody, etc.)372 441 335 422 574 609 590 505 505 715 503 552 441 335 422 375
Chambers 292 275 223 263 856 868 840 837 873 920 800 796 275 223 263 304
Registry (Le Greffe) 3,797 3,292 3,218 3,642 1,107 948 1,295 1,123 1,612 1,022 871 1,069 3,292 3,218 3,642 3,696
Plaints with summons 3,325 3,049 2,956 3,262 784 661 894 714 1,060 754 588 742 3,049 2,956 3,262 3,234
Motions and other
applications & Reference from
Chambers
472 243 262 380 323 287 401 409 552 268 283 327 243 262 380 462
Chambers (civil) 525 478 499 440 2,042 1,971 2,164 2,156 2,089 1,950 2,223 2,222 478 499 440 374
9,223 8,019 8,073 9,202 9,115 9,056 9,790 9,235 10,319 9,345 8,726 8,952 8,019 7,730 9,137 9,485
1 Civil cases pending at the beginning of year 2017 revised in light of physical count carried out at the end of the year 2016
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
Total
16
17
0
500
1,000
1,500
2,000
2,500
3,000
3,500
4,000
Co
mm
erc
ial
Co
urt
Mas
ter'
s C
ou
rt
Fa
mily
Div
isio
n
Ch
am
bers
Re
gis
try
Civ
il
Re
gis
try
Cri
min
al
Ap
pell
ate
Civ
il
Ap
pell
ate
Cri
min
al
Nu
mb
er
of
cases
Figure 1.5b - Cases disposed of at the Supreme Court, 2016 & 2017
2016
2017
Table 1.6 - Divorce cases, Republic of Mauritius, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Cases pending at the beginning of
the year1,925 1,507 1,446 1,837 34 24 35 32 1,959 1,531 1,481 1,869
Cases lodged 2,292 2,475 2,603 2,519 92 81 78 98 2,384 2,556 2,681 2,617
Cases disposed of: 2,710 2,536 2,212 2,285 102 70 81 79 2,812 2,606 2,293 2,364
Divorce pronounced 2,175 2,097 1,840 1,921 87 64 70 75 2,262 2,161 1,910 1,996
Withdrawn/Struck out/Set aside 522 430 367 357 15 6 11 3 537 436 378 360
Dismissed 11 7 4 6 - - - 1 11 7 4 7
Judicial separation 2 2 1 1 - - - - 2 2 1 1
Cases outstanding at the end of the
year1,507 1,446 1,837 2,071 24 35 32 51 1,531 1,481 1,869 2,122
- Nil
Island of Mauritius Island of Rodrigues Republic of Mauritius
18
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
0 746 711 636 664 18 10 17 18 764 721 653 682
1 685 648 576 573 30 26 26 24 715 674 602 597
2 534 529 463 502 28 15 17 20 562 544 480 522
3 172 171 139 150 6 9 8 8 178 180 147 158
4 33 34 23 29 4 4 - 1 37 38 23 30
5 5 6 2 3 - - 2 3 5 6 4 6
6 and above 2 - 2 1 1 - - 1 3 - 2 2
Total 2,177 2,099 1,841 1,922 87 64 70 75 2,264 2,163 1,911 1,997
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Husband petitioner 595 616 534 565 22 12 17 22 617 628 551 587
Grounds:
Faute 352 331 281 281 18 10 16 18 370 341 297 299
Rupture de vie
commune21 34 23 13 1 - - - 22 34 23 13
Aux torts partagés 222 251 230 271 3 2 1 4 225 253 231 275
Wife petitioner 1,061 968 838 828 57 43 43 44 1,118 1,011 881 872
Grounds:
Faute 774 664 526 519 56 36 39 34 830 700 565 553
Rupture de vie
commune9 8 9 4 - - - - 9 8 9 4
Aux torts partagés 278 296 303 305 1 7 4 10 279 303 307 315
Joint petitioners
(both husband & wife)519 513 468 528 8 9 10 9 527 522 478 537
Ground:
Mutual consent 519 513 468 528 8 9 10 9 527 522 478 537
Total 2,175 2,097 1,840 1,921 87 64 70 75 2,262 2,161 1,910 1,996
- Nil
Petitioning party &
grounds
Island of Mauritius Island of Rodrigues Republic of Mauritius
Table 1.7 - Divorces/Judicial separations pronounced by number of children involved in the marriage, Republic of Mauritius,
2014 - 2017
No. of children involvedIsland of Mauritius Island of Rodrigues Republic of Mauritius
Table 1.8 - Divorces pronounced by petitioning parties and grounds, Republic of Mauritius, 2014 - 2017
19
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Under 5 389 407 368 340 9 8 17 11 398 415 385 351
5 - 9 664 560 486 508 27 12 19 22 691 572 505 530
10 - 14 438 453 390 399 19 18 12 11 457 471 402 410
15 - 19 300 288 268 307 10 10 11 12 310 298 279 319
20 - 24 196 210 170 181 10 7 2 1 206 217 172 182
25 - 29 116 104 88 110 5 2 4 3 121 106 92 113
30 and above 74 77 71 77 7 7 5 15 81 84 76 92
Total 2,177 2,099 1,841 1,922 87 64 70 75 2,264 2,163 1,911 1,997
Table 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years), Republic of Mauritius, 2014 - 2017
Duration of
marriage (years)
Island of Mauritius Island of Rodrigues Republic of Mauritius
20
10 yrs and less than 20 yrs
37%
20 yrs and above
19%
less than 10 yrs
44%
Figure 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),
Republic of Mauritius, 2017
2014 2015 2016 2017
Cases pending at the beginning of the year 119 82 39 26
Cases received during the year 335 226 97 31
No of cases where agreement has been recorded 120 81 30 10
No of cases purely and simply struck out/set aside 19 3 9 -
233 185 71 36
Cases outstanding at the end of the year 82 39 26 11
- Nil
Table 1.10 - Civil cases at the Mediation Division of the Supreme Court, 2014 - 2017
No of cases referred back to court (Master & Registrar) to
be fixed
21
22
3. INTERMEDIATE COURT
In 2017, the total number of cases lodged at the Intermediate Court decreased by 16%, to
2,625 from 3,107 in 2016 resulting from a drop of 27% in the number of civil cases and a
rise of 3% in the number of criminal cases.
Conversely, an increase of 4% was noted in the total number of cases disposed of due to a
rise 12% in civil cases and a fall of 6% in criminal cases.
From 2016 to 2017, the number of cases outstanding dropped significantly by 14%, from
4,957 to 4,260.
Table 2.1 - Civil and criminal cases at the Intermediate Court, 2014 - 2017
Civil cases Criminal cases Total
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Cases
pending at the
beginning of
the year
4,273 4,212 2,864 2,951 2,140 2,210 2,177 2,006 6,413 6,422 5,041 4,957
Cases lodged 2,051 1,886 1,947 1,429 1,290 1,277 1,160 1,196 3,341 3,163 3,107 2,625
Cases disposed
of 2,112 1,970 1,860 2,076 1,220 1,310 1,331 1,246 3,332 3,280 3,191 3,322
Cases
outstanding at
the end of the
year
4,212 4,128 2,951 2,304 2,210 2,177 2,006 1,956 6,422 6,305 4,957 4,260
23
4. INDUSTRIAL COURT
In 2017, the total number of cases lodged at the Industrial Court increased by 22%, to
1,526 from 1,255 in 2016 due to rises of 26% in civil cases and 4% in criminal cases.
Similarly, an overall increase of 11% was registered in the number of cases disposed of
with rises of 14% in civil cases and 1% in criminal cases.
At the end of the year 2017, a physical count of the total number of cases showed that
1,765 cases (1,463 civil and 302 criminal) were outstanding, a rise of 30% over the 2016
figure of 1,362.
Table 3.1 - Civil and criminal cases at the Industrial Court, 2014 - 2017
Civil cases Criminal cases Total
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Cases pending
at the beginning
of the year
856 875 928 1,121 299 215 189 241 1,155 1,090 1,117 1,362
Cases lodged 952 1,013 993 1,253 263 218 262 273 1,215 1,231 1,255 1,526
Cases disposed
of 933 960 800 911 347 244 210 211 1,280 1,204 1,010 1,122
Cases
outstanding at
the end of the
year
875 928 1,121 1,463 215 189 241 303 1,090 1,117 1,362 1,766
24
5. BAIL & REMAND COURT
From 2016 to 2017, the number of cases lodged and disposed of at the Bail and Remand
Court (BRC) increased respectively by 15%, from 4,207 to 4,840 and by 38%, from 3,791 to
5,217. Compared to the end of year 2016, the number of cases outstanding at the end of year
2017 fell by 21% to 1,423. Out of 1,654 applications received for bail hearing, 46% were
successful.
Table 4.1 - Cases at the Bail and Remand Court (BRC), 2014 - 2017
2014 2015 2016 2017
Cases pending at the beginning of the year 1,790 1,162 1,384 1,800
Cases lodged 3,905 4,148 4,207 4,840
Cases disposed of 4,533 3,926 3,791 5,217
Cases outstanding at the end of the year 1,162 1,384 1,800 1,423
Applications for bail hearing 2,108 1,754 2,031 1,654
Bail granted 1,113 978 688 766
6. WEEKEND COURT
The cases lodged at the Weekend Court rose by 12%, from 1,409 in 2016 to 1,585 in 2017.
Out of 1,585 cases lodged in 2017, there were police objection in 66% of them and detainees
have been released on parole in the remaining 34% of cases. Some 263 cases were fixed for
bail hearing with 94% being undefended and 72% being cases where bail was not granted.
Table 5.1 - Cases at the Weekend Court (WEC), 2014 - 2017
2014 2015 2016 2017
Cases lodged 1,385 1,319 1,409 1,585
Cases where detainees have been released
on parole 475 425 453 540
Cases where there was police objection 910 894 956 1,045
Total cases fixed for bail hearing: Defended 28 40 28 17
Undefended 64 14 357 246
Total number of bail (after hearing): Granted 43 50 167 74
Not granted 49 4 218 189
25
7. DISTRICT COURTS
In 2017, about 39% of civil and criminal cases were lodged in urban areas. From 2016 to
2017, an overall decrease of 14% was noted in the total number of cases lodged as a result
of decreases in almost all the District Courts except for that of Rivière du Rempart and
Savanne. Among the rural areas, the District Court of Pamplemousses registered the
largest number of cases lodged at 13, 299 in 2017 (Table 6.1). Following the same trend,
the total number of criminal cases lodged decreased by 14%, to 98,235 in 2017 from
113,695 in 2016 in almost all the District Courts except for that of Rivière du Rempart,
Savanne and Grand Port. From 2016 to 2017, a decrease of 14% was also felt in the total
number of civil cases lodged from 7,467 to 6,445 to across all District Courts except for
that of Rivière du Rempart, Flacq and Rodrigues.
From 2016 to 2017, the total number of civil and criminal cases disposed of decreased by
15%, from 127,300 to 108,312 in almost all the District Courts except for those of Rivière
du Rempart and Savanne. The largest number of cases disposed of in 2017 was recorded at
the District Court of Pamplemousses. Similarly, a fall of 15% was noted in the total
number of criminal cases disposed of, from 119,999 in 2016 to 101,772 in 2017 across all
District Courts except for that of Rivière du Rempart and Savanne. Following in the same
trend, the number of civil cases disposed of registered a drop of 10% in almost all the
District Courts except for that of Rivière du Rempart, Savanne, Upper Plaines Wilhems
and Rodrigues (Table 6.3).
The number of cases lodged under plaint with summons dropped by 10%, to 2,564 in 2017
from 2,844 in 2016. Similarly, those disposed of for the same period showed a decreased
of 17%, to 2,540 from 3,071 (Table 6.5).
From 2016 to 2017, the number of cases lodged and disposed of under the Small Claim
Procedure also showed respective falls of 23% to 1,111 and 18% to 1,139 (Table 6.6).
From 2016 to 2017, the number of cases lodged for State debts for the Island of Mauritius
dropped by 7%, from 900 to 839 whilst the number of cases disposed of increased by
25%, from 664 to 831 for the same period (Table 6.7).
The number of cases lodged and disposed of under the Protection from Domestic Violence
Act 1997 showed respective decreases of 16% to 1,931 and of 6% to 2,030 (Table 6.8).
From 2016 to 2017, out of the 1,931 applications received under the Protection from
Domestic Violence Act 1997, some 1,889 (98%) were for Protection Orders, 40 for
occupation orders and 2 for tenancy orders (Table 6.9).
The applicants for Protection Orders among spouse/partner fell by 15%, from 1,813 in
2016 to 1,542 in 2017. In 2017, some 91% of this type of order came from females
(Tables 6.10 & 6.11).
Table 6.1 - Civil and criminal cases at the District Courts, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Port Louis Division I 737 764 525 515 1,279 1,031 1,356 1,172 1,252 1,270 1,366 1,185 764 525 515 502
Port Louis Division II 2,778 2,805 3,218 1,724 9,567 10,627 9,852 9,737 9,540 10,214 11,346 9,200 2,805 3,218 1,724 2,261
Port Louis Division III 4,682 3,273 2,648 1,545 16,112 16,979 8,298 7,951 17,521 17,604 9,401 7,385 3,273 2,648 1,545 2,111
Pamplemousses 3,083 2,569 3,433 3,158 12,674 12,760 17,508 13,299 13,545 11,896 17,783 13,927 2,212 3,433 3,158 2,530
Riviere du Rempart 4,131 3,160 4,813 3,721 11,473 11,991 9,115 10,149 12,444 10,338 10,207 10,977 3,160 4,813 3,721 2,893
Flacq 6,055 4,925 6,439 5,035 14,568 14,633 15,386 12,217 15,698 13,119 16,790 13,762 4,925 6,439 5,035 3,490
Moka 2,203 3,278 2,622 2,888 8,553 7,915 9,372 6,349 7,478 8,571 9,106 7,525 3,278 2,622 2,888 1,712
Lower Plaines Wilhems 3,326 1,886 2,937 2,135 10,744 14,122 12,525 10,668 12,184 13,071 13,327 9,964 1,886 2,937 2,135 2,839
Upper Plaines Wilhems 3,101 3,778 2,945 4,285 12,164 11,788 14,125 11,172 11,487 12,621 12,785 12,711 3,778 2,945 4,285 2,746
Grand Port 1,127 1,501 1,887 792 6,593 7,618 7,234 7,218 6,219 7,232 8,329 6,784 1,501 1,887 792 1,226
Savanne 2,210 1,302 674 818 5,647 5,954 5,314 5,485 6,555 6,582 5,170 5,234 1,302 674 818 1,069
Black River 1,480 1,169 1,468 1,021 5,147 6,451 6,783 5,483 5,562 6,152 7,230 5,681 1,065 1,468 1,021 823
Rodrigues 305 510 932 766 4,863 5,507 4,294 3,780 4,658 5,085 4,460 3,977 510 932 766 569
Island of Mauritius 34,913 30,410 33,609 27,637 114,521 121,869 116,868 100,900 119,485 118,670 122,840 104,335 29,949 33,609 27,637 24,202
Republic of Mauritius 35,218 30,920 34,541 28,403 119,384 127,376 121,162 104,680 124,143 123,755 127,300 108,312 30,459 34,541 28,403 24,771
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
26
Table 6.2 - Criminal cases at the District Courts, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Port Louis Division II 2,778 2,805 3,218 1,724 9,567 10,627 9,852 9,737 9,540 10,214 11,346 9,200 2,805 3,218 1,724 2,261
Port Louis Division III 4,682 3,273 2,648 1,545 16,112 16,979 8,298 7,951 17,521 17,604 9,401 7,385 3,273 2,648 1,545 2,111
Pamplemousses 2,973 2,484 3,346 3,068 12,197 12,289 17,119 12,936 13,022 11,427 17,397 13,551 2,148 3,346 3,068 2,453
Riviere du Rempart 4,040 3,076 4,729 3,605 11,063 11,652 8,754 9,783 12,027 9,999 9,878 10,597 3,076 4,729 3,605 2,791
Flacq 5,948 4,781 6,227 4,955 13,945 14,040 14,796 11,474 15,112 12,594 16,068 13,081 4,781 6,227 4,955 3,348
Moka 2,142 3,198 2,575 2,844 8,230 7,639 9,123 6,113 7,174 8,262 8,854 7,307 3,198 2,575 2,844 1,650
Lower Plaines Wilhems 2,831 1,526 2,743 1,888 9,289 12,867 11,029 9,529 10,594 11,650 11,884 8,880 1,526 2,743 1,888 2,537
Upper Plaines Wilhems 2,854 3,590 2,591 3,749 10,877 10,643 12,687 9,973 10,141 11,642 11,529 11,392 3,590 2,591 3,749 2,330
Grand Port 1,001 1,402 1,794 703 6,137 7,231 6,609 6,849 5,736 6,839 7,700 6,404 1,402 1,794 703 1,148
Savanne 2,145 1,261 639 752 5,436 5,777 5,022 5,234 6,320 6,399 4,909 4,957 1,261 639 752 1,029
Black River 1,439 1,085 1,369 916 4,773 6,070 6,279 5,051 5,231 5,786 6,732 5,203 981 1,369 916 764
Rodrigues 251 472 886 712 4,665 5,353 4,127 3,605 4,444 4,939 4,301 3,815 472 886 712 502
Island of Mauritius 32,833 28,481 31,879 25,749 107,626 115,814 109,568 94,630 112,418 112,416 115,698 97,957 28,041 31,879 25,749 22,422
Republic of Mauritius 33,084 28,953 32,765 26,461 112,291 121,167 113,695 98,235 116,862 117,355 119,999 101,772 28,513 32,765 26,461 22,924
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
27
Table 6.3 - Civil cases at the District Courts, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Port Louis Division I 737 764 525 515 1,279 1,031 1,356 1,172 1,252 1,270 1,366 1,185 764 525 515 502
Pamplemousses 110 85 87 90 477 471 389 363 523 469 386 376 64 87 90 77
Riviere du Rempart 91 84 84 116 410 339 361 366 417 339 329 380 84 84 116 102
Flacq 107 144 212 80 623 593 590 743 586 525 722 681 144 212 80 142
Moka 61 80 47 44 323 276 249 236 304 309 252 218 80 47 44 62
Lower Plaines Wilhems 495 360 194 247 1,455 1,255 1,496 1,139 1,590 1,421 1,443 1,084 360 194 247 302
Upper Plaines Wilhems 247 188 354 536 1,287 1,145 1,438 1,199 1,346 979 1,256 1,319 188 354 536 416
Grand Port 126 99 93 89 456 387 625 369 483 393 629 380 99 93 89 78
Savanne 65 41 35 66 211 177 292 251 235 183 261 277 41 35 66 40
Black River 41 84 99 105 374 381 504 432 331 366 498 478 84 99 105 59
Rodrigues 54 38 46 54 198 154 167 175 214 146 159 162 38 46 54 67
Island of Mauritius 2,080 1,929 1,730 1,888 6,895 6,055 7,300 6,270 7,067 6,254 7,142 6,378 1,908 1,730 1,888 1,780
Republic of Mauritius 2,134 1,967 1,776 1,942 7,093 6,209 7,467 6,445 7,281 6,400 7,301 6,540 1,946 1,776 1,942 1,847
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
28
Table 6.4 - Reasons for postponement of cases at Courts on the day of trial, 2017
Number % Number % Number % Number % Number %
1,044 29.4 140 25.3 1,527 12.5 43 8.3 2,754 16.3
1,218 34.3 137 24.8 4,263 34.9 135 26.1 5,753 34.1
794 22.4 48 8.7 4,294 35.0 186 35.6 5,322 31.6
- - - - 359 2.9 - - 359 2.1
19 0.5 2 0.4 70 0.6 1 0.2 92 0.5
477 13.4 226 40.8 1,718 14.1 155 29.8 2,576 15.4
Accused wished to retain service of
counsel- - 3 0.5 83 0.7 - - 86 0.5
Case connected to another case - - - - 83 0.7 - - 83 0.5
Counsel moved for postponement 290 8.2 21 3.8 139 1.1 - - 450 2.7
Counsel not communicated with brief 48 1.4 19 3.4 197 1.6 - - 264 1.6
Hope for settlement 21 0.6 174 31.5 1 - - - 196 1.2
New witness added - - - - 30 0.2 - - 30 0.2
Plaintiff/Witness withdrew from case - - - - 388 3.2 130 25.0 518 3.1
Prosecutor absent - - - - 20 0.2 - - 20 0.1
Prosecutor moved for postponement 29 0.8 - - 83 0.7 - - 112 0.7
Other 89 2.4 9 1.6 694 5.7 25 4.8 817 4.8
Grand Total 3,552 100.0 553 100.0 12,231 100.0 520 100.0 16,856 100.0
1 Laid up, absent etc.
4 Magistrate laid up
2 Laid up, absent etc. - Nil
3 Accused parties, plaintiff, defendants, declarant
Reasons for postponementIntermediate Court Industrial Court District Courts Court of Rodrigues Republic of Mauritius
of which
Motion by Counsel 1
Absence of witnesses 2 (only)
Absence of parties 3 (only)
Absence of both accused parties and
witnesses
Unavailability of bench 4
Other
29
Table 6.5 - Plaint with summons (civil) cases at the District Courts, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017
Port Louis Division I 860 724 915 806 817 941 967 792
Pamplemousses 188 269 102 121 222 265 131 131
Riviere du Rempart 168 138 65 126 175 136 79 105
Flacq 363 201 161 168 337 213 216 186
Moka 107 109 72 79 81 130 68 84
Lower Plaines Wilhems 716 605 663 541 885 653 674 477
Upper Plaines Wilhems 507 395 226 243 538 336 294 280
Grand Port 251 112 271 137 228 145 268 137
Savanne 112 48 80 98 120 71 80 95
Black River 129 210 193 134 115 189 196 162
Rodrigues 140 109 96 111 157 100 98 91
Island of Mauritius 3,401 2,811 2,748 2,453 3,518 3,079 2,973 2,449
Republic of Mauritius 3,541 2,920 2,844 2,564 3,675 3,179 3,071 2,540
Table 6.6 - Small Claim Procedure at the District Courts, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017
Port Louis Division I 148 76 142 137 153 85 109 163
Pamplemousses 138 80 106 94 141 92 101 71
Riviere du Rempart 96 81 120 87 96 88 80 124
Flacq 114 240 286 347 105 160 357 278
Moka 113 89 76 42 137 85 82 23
Lower Plaines Wilhems 193 106 172 79 107 193 147 117
Upper Plaines Wilhems 140 151 180 109 124 127 160 140
Grand Port 101 86 143 63 87 73 166 52
Savanne 77 63 102 68 90 55 90 80
Black River 118 69 100 81 100 73 101 85
Rodrigues 3 - 8 4 2 1 4 6
Island of Mauritius 1,238 1,041 1,427 1,107 1,140 1,031 1,393 1,133
Republic of Mauritius 1,241 1,041 1,435 1,111 1,142 1,032 1,397 1,139
Cases lodged Cases disposed of
Cases lodged Cases disposed of
- Nil
30
2014 2015 2016 2017 2014 2015 2016 2017
Lower Plaines Wilhems - - - 47 25 - - -
Upper Plaines Wilhems 416 378 776 733 464 312 569 741
Grand Port - 59 93 59 59 51 79 75
Savanne - 41 31 - - 32 16 15
Island of Mauritius 416 478 900 839 548 395 664 831
2014 2015 2016 2017 2014 2015 2016 2017
Port Louis Division I 271 231 299 229 282 244 290 230
Pamplemousses 151 122 181 148 160 112 154 174
Riviere du Rempart 146 120 176 153 146 115 170 151
Flacq 146 152 143 228 144 152 149 217
Moka 103 78 101 115 86 94 102 111
Lower Plaines Wilhems 546 544 661 472 573 575 622 490
Upper Plaines Wilhems 224 221 256 114 220 204 233 158
Grand Port 104 130 118 110 109 124 116 116
Savanne 22 25 79 85 25 25 75 87
Black River 127 102 211 217 116 104 201 231
Rodrigues 55 45 63 60 55 45 57 65
Island of Mauritius 1,840 1,725 2,225 1,871 1,861 1,749 2,112 1,965
Republic of Mauritius 1,895 1,770 2,288 1,931 1,916 1,794 2,169 2,030
Cases lodged Cases disposed of
Table 6.7 - State debts cases at the District Courts1, 2014 - 2017
Cases lodged Cases disposed of
1State debts cases not available/lodged and disposed of at other District Courts
- Nil
Table 6.8 - Cases under the Protection from Domestic Violence Act 1997 at the
District Courts, 2014 - 2017
31
2016 2017 2016 2017 2016 2017 2016 2017 2016 2017
Applications received 2,241 1,889 43 40 4 2 - - 2,288 1,931
Interim Orders issued 2,116 1,695 22 10 1 - - - 2,139 1,705
Orders issued 1,328 1,113 17 13 3 2 - - 1,348 1,128
Applications withdrawn/set aside/struck
out/dismissed803 862 13 40 4 - 1 - 820 902
Cases where parties have been ordered to
attend counselling sessions29 45 .. .. .. .. .. .. 29 45
.. Not applicable
- Nil
Figures for applications received/orders issued are not necessarily comparable to cases lodged/disposed of (Table 6.8) due to applications made for different Orders or for
more than one person in a case
Table 6.9 - Type of Orders under the Protection from Domestic Violence Act 1997 at the District Courts, 2016 & 2017
Orders
Total
Protection Occupation Tenancy Revocation
32
2016 2017 2016 2017 2016 2017
Applications received 1,813 1,542 428 347 2,241 1,889
Interim Orders issued 1,703 1,375 413 320 2,116 1,695
Orders issued 1,121 920 207 193 1,328 1,113
Applications withdrawn/set aside/struck
out/dismissed654 709 149 153 803 862
Cases where parties have been ordered to
attend counselling sessions29 39 - 6 29 45
- Nil
Male Female Total Male Female Total Male Female Total
Applications received 136 1,406 1,542 105 242 347 241 1,648 1,889
Interim Orders issued 107 1,268 1,375 96 224 320 203 1,492 1,695
Orders issued 71 849 920 51 142 193 122 991 1,113
Applications withdrawn/set aside/struck
out/dismissed73 636 709 56 97 153 129 733 862
Cases where parties have been ordered to
attend counselling sessions1 3 36 39 1 5 6 4 41 45
1All the applicants for counselling sessions were female spouses/partners. However, both parties (i.e husband and wife) attended the counselling sessions
Table 6.10 - Protection Orders under the Protection from Domestic Violence Act 1997 at the District
Courts, by spouse/partner and other persons living under the same roof, 2016 & 2017
Spouse/partnerOther persons living under
the same roofTotal
Table 6.11 - Protection Orders under the Protection from Domestic Violence Act 1997 at the District Courts, by spouse/partner and
other persons living under the same roof and by sex, 2017
Spouse/partnerOther persons living under
the same roofTotal
33
Age groupApplications
received
Interim Orders
issued
Protection
Orders issued
Applications
withdrawn/struck
out/dismissed/set
aside
Cases where parties
have been ordered
to attend counselling
sessions1
Both sexes 1,542 1,375 920 709 39
Under 18 4 4 5 5 -
18 - 29 352 305 202 177 6
30 - 39 569 503 318 245 11
40 - 49 413 376 250 196 17
50 - 59 172 157 117 71 5
60 & over 32 30 28 15 -
Male2 136 107 71 73 3
18 - 29 10 4 3 9 -
30 - 39 35 24 17 20 -
40 - 49 50 44 24 23 2
50 - 59 36 31 20 15 1
60 & over 5 4 7 6 -
Female 1,406 1,268 849 636 36
Under 18 4 4 5 5 -
18 - 29 342 301 199 168 6
30 - 39 534 479 301 225 11
40 - 49 363 332 226 173 15
50 - 59 136 126 97 56 4
60 & over 27 26 21 9 -
2 No application was received for male under 18 years
- Nil
Table 6.12 - Protection Orders (spouse/partner) under the Protection from Domestic Violence
Act 1997 at the District Courts, by age group & sex, 2017
1All the applicants for counselling sessions were female spouses/partners. However, both parties (i.e husband and wife) attended the
counselling sessions
34
35
1,000
4,000
7,000
10,000
13,000
16,000
19,000
Num
ber
of
case
s
Figure 6.1b - Civil and criminal cases disposed of by District Courts,
2016 & 2017
2016
2017
36
8. CASES (CIVIL AND CRIMINAL) IN THE REPUBLIC OF MAURITIUS
The number of cases lodged in the Republic of Mauritius decreased by 13%, to 118,468 in
2017 from 135,679 in 2016 with falls of 13% for criminal cases and of 9% for civil cases.
Conversely, in 2017, for the Island of Rodrigues, a drop of 13% was noted in criminal cases
to 3,605 whilst a rise of 5% to 175 was noted for civil cases.
For the same period, the total number of cases disposed of decreased by 13% resulting from
drops of 15% in criminal cases to 103,387 and of 1% in civil cases to 18,634.
At the end of year 2017, a physical count of the total number of outstanding cases was 40,980
with 25,448 for criminal and 15,532 for civil cases, a fall of 8% over the 2016 figure of
44,468 (Tables 7.1 - 7.3).
Table 7.1 - Total cases, Republic of Mauritius, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Supreme Court 10,023 8,594 8,650 9,811 9,483 9,394 10,155 9,637 10,912 9,681 9,059 9,265 8,594 8,307 9,746 10,183
Appeal cases 765 539 542 580 329 303 345 374 555 300 307 287 539 542 580 667
Other cases 9,258 8,055 8,108 9,231 9,154 9,091 9,810 9,263 10,357 9,381 8,752 8,978 8,055 7,765 9,166 9,516
Intermediate Court 6,413 6,422 5,041 4,957 3,341 3,163 3,107 2,625 3,332 3,280 3,191 3,322 6,422 6,305 4,957 4,260
Industrial Court 1,155 1,090 1,117 1,362 1,215 1,231 1,255 1,526 1,280 1,204 1,010 1,122 1,090 1,117 1,362 1,766
District Courts 34,913 30,410 33,609 27,637 114,521 121,869 116,868 100,900 119,485 118,670 122,840 104,335 29,949 33,609 27,637 24,202
Court of Rodrigues 305 510 932 766 4,863 5,507 4,294 3,780 4,658 5,085 4,460 3,977 510 932 766 569
Island of Mauritius 52,504 46,516 48,417 43,767 128,560 135,657 131,385 114,688 135,009 132,835 136,100 118,044 46,055 49,338 43,702 40,411
Republic of Mauritius 52,809 47,026 49,349 44,533 133,423 141,164 135,679 118,468 139,667 137,920 140,560 122,021 46,565 50,270 44,468 40,980
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
37
Table 7.2 - Total criminal cases, Republic of Mauritius, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Supreme Court 319 241 243 242 188 198 170 181 266 196 171 158 241 243 242 265
Appeal cases 284 205 208 213 149 163 150 153 228 160 145 132 205 208 213 234
Other cases 35 36 35 29 39 35 20 28 38 36 26 26 36 35 29 31
Intermediate Court 2,140 2,210 2,177 2,006 1,290 1,277 1,160 1,196 1,220 1,310 1,331 1,246 2,210 2,177 2,006 1,956
Industrial Court 299 215 189 241 263 218 262 273 347 244 210 211 215 189 241 303
District Courts 32,833 28,481 31,879 25,749 107,626 115,814 109,568 94,630 112,418 112,416 115,698 97,957 28,041 31,879 25,749 22,422
Court of Rodrigues 251 472 886 712 4,665 5,353 4,127 3,605 4,444 4,939 4,301 3,815 472 886 712 502
Island of Mauritius 35,591 31,147 34,488 28,238 109,367 117,507 111,160 96,280 114,251 114,166 117,410 99,572 30,707 34,488 28,238 24,946
Republic of Mauritius 35,842 31,619 35,374 28,950 114,032 122,860 115,287 99,885 118,695 119,105 121,711 103,387 31,179 35,374 28,950 25,448
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
38
Table 7.3 - Total civil cases, Republic of Mauritius, 2014 - 2017
2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017 2014 2015 2016 2017
Supreme Court 9,704 8,353 8,407 9,569 9,295 9,196 9,985 9,456 10,646 9,485 8,888 9,107 8,353 8,064 9,504 9,918
Appeal cases 481 334 334 367 180 140 195 221 327 140 162 155 334 334 367 433
Other cases 9,223 8,019 8,073 9,202 9,115 9,056 9,790 9,235 10,319 9,345 8,726 8,952 8,019 7,730 9,137 9,485
Intermediate Court 4,273 4,212 2,864 2,951 2,051 1,886 1,947 1,429 2,112 1,970 1,860 2,076 4,212 4,128 2,951 2,304
Industrial Court 856 875 928 1,121 952 1,013 993 1,253 933 960 800 911 875 928 1,121 1,463
District Courts 2,080 1,929 1,730 1,888 6,895 6,055 7,300 6,270 7,067 6,254 7,142 6,378 1,908 1,730 1,888 1,780
Court of Rodrigues 54 38 46 54 198 154 167 175 214 146 159 162 38 46 54 67
Island of Mauritius 16,913 15,369 13,929 15,529 19,193 18,150 20,225 18,408 20,758 18,669 18,690 18,472 15,348 14,850 15,464 15,465
Republic of Mauritius 16,967 15,407 13,975 15,583 19,391 18,304 20,392 18,583 20,972 18,815 18,849 18,634 15,386 14,896 15,518 15,532
Cases pending at the beginning
of the yearCases lodged Cases disposed of
Cases outstanding at the end
of the year
39
40
20,000
40,000
60,000
80,000
100,000
120,000
140,000
Lodged Disposed of Outstanding
Nu
mb
er o
f ca
ses
Figure 7.2 - Total criminal cases lodged, disposed of and outstanding,
Republic of Mauritius, 2016 & 2017
2016
2017
41
9. CRIME STATISTICS
9.1 Summary of criminal offences disposed of
In 73% (94,981) of the 130,769 criminal offences disposed of in 2017, the defendants were
proven guilty and sentenced; while 27% of the offences were acquitted or non-adjudicated
(Figure 8.2).
The Industrial Court has the highest percentage (88%) of offences proven guilty followed by
the Supreme Court (87%) and the Court of Rodrigues (85%).
Only 5,208 (5%) of the offences proven guilty were sentenced to Custodial Orders, i.e. the
persons were detained in an institution to serve their sentences. For the majority (95%) of
these offences, the defendants were either sentenced to pay fines or to serve Community
Service/Probation Orders (Non-Custodial Orders).
All of the sentences pronounced (proven guilty) at the Supreme Court were Custodial Orders.
Conversely, all the sentences pronounced at the Industrial Court were Non-Custodial Orders.
9.2 Convicted offences
The overall convicted offences decreased by 16% to 94,981 in 2017 from 112,453 in 2016
(Table 8.3). This fall was due to main decreases in convictions for other contraventions (-
33%), road traffic contraventions (-19%), sexual offences (-12%), drug offences (-7%) and
assault and related offences (-5%).
From 2016 to 2017, sexual offence convictions decreased by 12%, from 212 to 186, mainly
due to falls in convictions for: (i) sodomy from 17 to 9, (ii) ‘solicits/importunes another
person for immoral purpose’ from 44 to 25, (iii) ‘attempt upon chastity’ from 48 to 35, and
(iv) ‘causing child to be sexually abused, accessing to a brothel; and engaging in prostitution’
from 38 to 34.
About 72% of the criminal offences disposed of in the Republic of Mauritius in 2017 were
road traffic contraventions. In addition to the 68,194 contraventions convicted in 2017 as
shown in Table 8.3, more road traffic contraventions were paid via fixed penalty notices.
These are directly paid to cash offices and are not considered as offences lodged and disposed
of at court. However, if the contravened is not agreeable to pay the fine, then a case is
lodged.
2016 2017 2016 2017 2016 2017
Homicide and related offences 105 137 5 7 110 144
Intentional homicide (committed) 19 20 1 1 20 21
Non intentional homicide 86 117 4 6 90 123
Assault and related offences 7,083 7,157 210 235 7,293 7,392
Sexual offences 439 405 12 28 451 433
Property offences 10,389 11,919 182 297 10,571 12,216
Fraud and dishonesty 966 988 10 13 976 1,001
Embezzlement 259 193 6 16 265 209
Theft 4,860 5,331 108 121 4,968 5,452
Automobile theft - 2 - - - 2
Robbery 1,544 1,689 42 29 1,586 1,718
Burglary 560 758 19 15 579 773
Other theft 2,756 2,882 47 77 2,803 2,959
Other property offences 4,304 5,407 58 147 4,362 5,554
Drug offences 2,198 1,846 130 266 2,328 2,112
Road traffic contraventions2 98,092 84,586 4,168 3,254 102,260 87,840
Other contraventions 5,042 3,744 189 236 5,231 3,980
Other offences 16,605 16,380 294 272 16,899 16,652
Total 139,953 126,174 5,190 4,595 145,143 130,769
1An offence may involve one or more persons - Nil
Table 8.1 - Criminal offences1 disposed of according to United Nations classification of
offences (broad categories), Republic of Mauritius, 2016 & 2017
Island of Mauritius Island of Rodrigues Republic of Mauritius
2Exclude figures on fixed penalty notice
42
Table 8.2 - Criminal offences1 disposed of by courts and outcome of judgment, Republic of Mauritius, 2016 & 2017
2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017
Supreme Court 7 4 26 25 - - - 1 - - 33 30
Industrial Court 26 25 - - - - 184 189 - - 210 214
Intermediate Court 2,104 2,086 1,193 1,488 - - 1,354 929 841 808 5,492 5,311
District Courts: 30,553 33,673 2,915 3,588 80 115 103,484 85,631 2,376 2,207 139,408 125,214
Port Louis Div II 2,547 2,155 464 356 13 5 8,857 8,287 220 141 12,101 10,944
Port Louis Div III 3,849 2,843 212 389 11 6 6,597 5,028 151 196 10,820 8,462
Pamplemousses 2,884 4,477 446 400 6 10 14,166 12,159 343 290 17,845 17,336
Riviere du Rempart 3,379 4,602 214 423 11 21 9,683 8,008 201 385 13,488 13,439
Flacq 3,240 4,146 290 505 2 20 14,573 11,626 318 274 18,423 16,571
Moka 1,311 2,141 61 114 1 1 8,178 6,568 125 110 9,676 8,934
Lower Plaines Wilhems 4,882 3,172 451 567 12 7 8,671 6,929 244 208 14,260 10,883
Upper Plaines Wilhems 3,051 4,128 164 131 2 5 10,075 8,290 90 53 13,382 12,607
Grand Port 1,753 1,501 194 309 9 6 7,923 6,532 205 195 10,084 8,543
Savanne 1,365 1,448 176 220 2 5 4,682 4,693 78 91 6,303 6,457
Black River 1,921 2,352 168 146 5 17 5,629 3,838 113 90 7,836 6,443
Rodrigues 371 708 75 28 6 12 4,450 3,673 288 174 5,190 4,595
Island of Mauritius 32,319 35,080 4,059 5,073 74 103 100,572 83,077 2,929 2,841 139,953 126,174
Republic of Mauritius 32,690 35,788 4,134 5,101 80 115 105,022 86,750 3,217 3,015 145,143 130,769
- Nil1An offence may involve one or more persons
2Acquitted means dismissed and non-adjudicated means struck out and Nolle Prosequi
Acquitted & non-
adjudicated2
Convictions by penalty imposed
TotalImprisonment
RYC, CYC & other
institutionsFine
Probation, Community
Service, Conditional &
Absolute Discharges
43
Figure 8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2017
1 An offence may involve one or more persons
2 Acquitted means dismissed and non-adjudicated comprises struck out & Nolle Prosequi
3 Custodial Orders comprise imprisonment and detention in Rehabilitation & Correctional Youth Centres
44
District Courts
District Courts
(Island of
Mauritius)
120,619
(92%)
Criminal offences1
disposed of
130,769
(100%)
Intermediate Court
5,311
(4%)
Industrial Court
214
(negligible)
Supreme Court
(exclude appeal cases)
30
(negligible)
Court of Rodrigues
4,595
(4%)
Acquitted &
non-
adjudicated2
4
(13%)
Proven
guilty
26
(87%)
Acquitted &
non-
adjudicated2
25
(12%)
10
(3.6%)
Proven
guilty
189
(88%)
Acquitted &
non-
adjudicated2
2,086
(39%)
Proven
guilty
3,225
(61%)
Acquitted &
non-
adjudicated2
32,965
(27%)
Proven
guilty
87,654
(73%)
Acquitted &
non- adjudicated2
708
(15%)
Proven
guilty
3,887
(85%)
Custodial
Orders3
25
(99%)
Non -
Custodial
Orders
1
(1%)
Custodial
Orders3
Nil
Non -
Custodial
Orders
189
(100%)
Custodial
Orders3
1,488
(46%)
Non -
Custodial
Orders
1,737
(54%)
Custodial
Orders3
3,663
(4%)
Non -
Custodial
Orders
83,991
(96%)
Custodial
Orders3
40
(1%)
Non -
Custodial
Orders
3,847
(99%)
2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017
Homicide and related offences 34 40 - - 29 58 1 - 13 5 1 - 78 103
Intentional homicide (committed) 9 15 - - - - 1 - 1 - 1 - 12 15
Murder 5 5 - - - - - - - - - - 5 5
Manslaughter 4 10 - - - - - - - - - - 4 10
Abortion - - - - - - 1 - 1 - 1 - 3 -
Non intentional homicide 25 25 - - 29 58 - - 12 5 - - 66 88
Wounds and blows causing death without
intention to kill17 20 - - 1 5 - - - - - - 18 25
Involuntary homicide 8 5 - - 28 53 - - 12 5 - - 48 63
Assault and related offences 88 116 - 1 2,354 2,230 62 28 27 31 134 134 2,665 2,540
Simple assaults/wounds & blows 48 61 - 1 2,150 2,098 60 26 20 19 73 82 2,351 2,287
Assault causing sickness or incapacity for
personal labour for > 20 days8 16 - - 29 13 - - 4 2 20 25 61 56
Assault against an agent of Civil
Authority17 27 - - 147 87 1 - - 6 20 13 185 133
Assault with corrosive substance 3 3 - - 4 2 - 1 - 1 5 1 12 8
Assault with premeditation 12 9 - - 24 30 1 1 3 3 16 13 56 56
- Nil
Table 8.3 - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2016 & 2017
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
45
2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017
Sexual offences 76 64 1 5 50 37 2 - 39 31 44 49 212 186
Rape 5 5 - - - 1 - - - - - - 5 6
Sodomy 10 6 - 1 - - - - 7 2 - - 17 9
Attempt upon chastity 33 17 - 3 4 - 2 - 6 13 3 2 48 35
Sexual intercourse with minor under 16;
with mentally handicapped person; with
specified person
9 19 1 1 - - - - 13 6 34 34 57 60
Solicits/importunes another person for
immoral purpose3 4 - - 41 21 - - - - - - 44 25
Sexual offences other - 3 - - 3 5 - - - 9 - - 3 17
Child Protection Act (CPA)
Causing child to be sexually abused;
accessing to a brothel; and engaging in
prostitution
16 10 - - 2 10 - - 13 1 7 13 38 34
Property offences 2,387 3,182 37 60 2,149 2,047 213 156 428 496 1,297 1,143 6,511 7,084
Fraud and dishonesty 201 238 - - 314 240 6 9 143 170 100 135 764 792
Forgery 32 75 - - 45 50 2 1 36 48 20 41 135 215
Swindling 103 44 - - 21 22 - 1 10 31 22 9 156 107
Making use of forged document 8 34 - - 17 29 - 1 39 35 8 20 72 119
Swearing false affidavit - 1 - - 1 1 - - - - 1 3 2 5
Impersonation - 2 - - - 1 - - - 1 - - - 4
Counterfeiting bank notes/ possession/
uttering of counterfeit bank notes - 20 - - 4 1 - 1 13 1 6 2 23 25
Forgery of passport/making use of forged
passport4 1 - - 15 3 - - 3 1 1 19 23 24
Extortion - - - - 7 - - - - 1 1 1 8 2
- Nil
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2016 & 2017
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
46
2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017
Giving false evidence 1 - - - 2 - - - - - - - 3 -
Issuing cheque without provision 18 22 - - 147 79 1 2 11 32 21 22 198 157
Demanding money or property by threat
of false accusation2 21 - - 5 3 - 2 - - 7 2 14 28
Usurping public function 4 4 - - 1 1 - - - - - - 5 5
Fraud and dishonesty other 15 9 - - 49 50 3 1 19 5 10 12 96 77
Offences under POCA 3
Bribery by Public Official 8 1 - - - - - - 2 1 - - 10 2
Bribery of Public Official - 1 - - - - - - 1 1 2 3 3 5
Other offences under POCA 6 3 - - - - - - 9 13 1 1 16 17
Embezzlement 49 31 - - 48 53 7 6 16 26 81 38 201 154
Theft 1,982 2,756 37 58 1,115 1,008 163 121 223 269 922 785 4,442 4,997
Automobile theft - - - - - - - - - - - - - -
Robbery 715 978 17 32 141 62 52 46 84 102 371 298 1,380 1,518
Larceny armed with offensive weapon 29 57 - 1 3 4 - - 1 1 7 2 40 65
Larceny with violence by night
breaking16 14 - 2 1 1 - - 4 - 5 7 26 24
Larceny with aggravating
circumstances/violence (including
upon minors/handicapped persons,
etc.)
146 166 4 8 22 9 2 19 17 37 84 37 275 276
Larceny by two or more individuals 434 556 12 21 96 40 49 25 60 62 241 225 892 929
Larceny on public road 90 185 1 - 19 8 1 2 2 2 34 27 147 224
- Nil
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2016 & 2017
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
47
2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017
Burglary 356 549 9 14 58 44 8 5 29 33 81 94 541 739
Larceny by night breaking 121 224 2 4 10 6 3 2 6 17 22 37 164 290
Larceny (day) breaking 57 94 2 1 18 9 1 2 3 2 12 17 93 125
Larceny scaling 178 231 5 9 30 29 4 1 20 14 47 40 284 324
Other theft (excluding automobile theft) 911 1,229 11 12 916 902 103 70 110 134 470 393 2,521 2,740
Larceny by servant or any person in
receipt of wages57 65 - - 37 16 48 22 34 46 184 152 360 301
Other simple larcenies 751 1,031 9 5 844 847 40 47 67 84 249 216 1,960 2,230
Attempt at larceny 103 133 2 7 35 39 15 1 9 4 37 25 201 209
Other property offences 155 157 - 2 672 746 37 20 46 31 194 185 1,104 1,141
Damages to property 17 14 - - 414 453 8 3 5 3 19 15 463 488
Receiving and possession of stolen
property134 140 - 2 257 292 29 17 40 26 172 169 632 646
Arson 4 3 - - 1 1 - - 1 2 3 1 9 7
- Nil
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2016 & 2017
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
48
2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017 2016 2017
Drug offences 222 212 - - 1,943 1,812 19 9 23 27 15 8 2,222 2,068
Road traffic contraventions4 175 144 - - 84,119 67,797 1 8 144 241 10 4 84,449 68,194
Other contraventions 29 35 - - 3,372 2,272 64 17 5 3 11 6 3,481 2,333
Other offences 1,123 1,308 42 49 11,006 10,497 31 19 153 138 480 462 12,835 12,473
of which offences under:
Computer Misuse & Cybercrime Act 58 132 - - 332 173 - - 2 7 46 115 438 427
Environment Protection Act 1 1 - - 766 645 2 - - - 2 - 771 646
Food Act & Public Health Act - - - - 1,545 1,415 - - - 1 - 1 1,545 1,417
Information & Communication
Technology Act2 1 - - 114 45 - - 7 1 17 15 140 62
Local Government Act - 1 - - 1,216 1,228 - - 1 13 - - 1,217 1,242
Protection from Domestic Violence Act 56 100 - - 429 418 6 8 9 3 15 17 515 546
Total 4,134 5,101 80 115 105,022 86,750 393 237 832 972 1,992 1,806 112,453 94,981
1 An offence may involve one or more persons - Nil
2 RYC and CYC stand for Rehabilitation and Correctional Youth Centres respectively
3 Prevention of Corruption Act
4 Exclude figures on fixed penalty notice
Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2016 & 2017
Offences Imprisonment
RYC, CYC &
other
Institutions2
Fine ProbationCommunity
Service
Conditional &
Absolute
Discharges
Total
49
Offences
Div II Div III
Homicide and related
offences 1 1 2 16 - 10 2 1 - 6 - 43 16 - 5 103
Intentional homicide
(committed)- - - - - 1 - - - - - - 14 - - 15
Non intentional homicide 1 1 2 16 - 9 2 1 - 6 - 43 2 - 5 88
Assault and related offences 177 136 211 414 548 139 181 225 125 100 132 35 - - 117 2,540
Sexual offences - 4 2 5 3 - - 20 2 - - 134 - - 16 186
Property offences 482 544 709 688 706 510 267 715 233 196 314 1,563 - - 157 7,084
Fraud and dishonesty 21 61 33 37 40 29 10 38 20 11 8 477 - - 7 792
Embezzlement 8 4 16 13 14 10 6 27 4 - 5 37 - - 10 154
Theft 357 388 568 515 445 410 196 584 178 136 228 888 - - 104 4,997
Robbery 88 132 132 158 90 141 46 147 35 29 57 440 - - 23 1,518
Burglary 56 63 86 82 43 65 22 76 17 15 56 145 - - 13 739
Other theft 213 193 350 275 312 204 128 361 126 92 115 303 - - 68 2,740
Other property offences 96 91 92 123 207 61 55 66 31 49 73 161 - - 36 1,141
Drug offences 239 72 116 63 87 146 41 237 274 21 35 468 10 - 259 2,068
Road traffic contraventions4 6,673 3,132 10,973 6,520 8,138 5,224 3,809 4,669 6,863 6,178 3,009 101 - - 2,905 68,194
Other contraventions 67 116 81 199 572 193 167 369 77 82 226 1 - - 183 2,333
Other offences5 1,150 1,614 765 932 2,371 820 542 1,475 905 210 375 880 - 189 245 12,473
Total 8,789 5,619 12,859 8,837 12,425 7,042 5,009 7,711 8,479 6,793 4,091 3,225 26 189 3,887 94,981
2SC stands for Supreme Court 3
IC stands for Industrial Court4Exclude figures on fixed penalty notice
5For the Industrial Court, offences are included under the Employment Relations Act and the Occupational Safety and Health Act - Nil
1An offence may involve one or more persons
Black
River
Interme-
diateSC
2IC
3 Rodri-
guesMoka
All
Courts
Table 8.4 - Convicted offences1 by court and according to United Nations classification of offences (broad categories),
Republic of Mauritius, 2017
Port Louis Pample-
mousses
Riviere
du
Rempart
FlacqGrand
PortSavanne
Rose-
HillCurepipe
50
Drug offences 2014 2015 2016 2017
Heroin 303 486 561 510
Importation 15 6 4 6
Dealing 40 15 8 9
Possession (heroin & articles) 207 407 497 422
Consumption 29 50 43 70
Other 12 8 9 3
Gandia 1,004 1,129 1,320 1,228
Importation 7 22 4 6
Cultivation 91 129 168 159
Dealing 25 87 33 64
Possession (gandia & articles) 678 656 873 738
Consumption 182 187 239 257
Other 21 48 3 4
Other drugs 957 748 341 330
Importation 7 6 1 1
Dealing 267 114 71 4
Possession (drugs & articles) 414 452 238 305
Consumption 121 68 17 9
Other 148 108 14 11
Total 2,264 2,363 2,222 2,068
Table 8.5 - Drug offences convicted by type, Republic of Mauritius, 2014 - 2017
51
Road traffic offences 2016 2017
Breach of condition attached to provisional licence/ carriers licence/ No letter 'L', etc. 9,332 5,630
Driving in wrong direction/on wrong side/ failing to keep right/ left/ No Entry, etc. 870 927
Driving under disqualification 148 89
Driving motor vehicle with alcohol concentration above prescribed limit 982 1,170
Driving without due care and attention & dangerous driving 1,297 1,145
Driving without licence 2,136 2,095
Exceeding speed limit 4,848 3,983
Expired certificate of fitness/insurance 337 128
Failing to comply with traffic sign 3,024 2,590
Failing to produce on demand or within delay: driving licence/photocopy/DLC/agreed
statement of facts/certificate of fitness/insurance/registration, etc.13,729 10,716
Failing to comply with police signal 478 790
Failing to submit to a breath/urine/blood test 295 272
Failing to wear high visibility clothing 1,503 2,004
Failing to wear or securely fasten crash helmet 1,638 1,400
Failing to wear seat belt whilst driving 3,455 3,635
Making use of cellular phone whilst driving 2,272 2,996
Not affixed: motor vehicle licence/insurance vignette/certificate of fitness & insurance, etc. 5,049 4,081
Overtaking related traffic offences 579 796
Parking related traffic offences 2,692 2,221
Taking motor vehicle without owner's consent 1,570 1,637
Uninsured motor vehicle/inoperative insurance policy 1,180 896
Unlicenced motor vehicle 787 660
Vehicle related traffic offences (inefficient silencer, allowing oil to drop, no mirror, no horn,
no brake, no side/rear lamps, worn out tyre, etc.)15,125 12,996
Other traffic offences (including bicycle contraventions) 11,123 5,337
Total 84,449 68,194
Table 8.6 - Road traffic contraventions convicted by type, Republic of Mauritius,
2016 - 2017
52
53
10. THE LEGAL AID UNIT
During the year 2017, for the Republic of Mauritius, some 2,674 applications for legal
assistance were received, of which 2,656 were for civil cases. The number of legal aid
recipients at the Supreme Court decreased by 4% to 1,653 in 2017 from 1,723 in 2016. There
were 1,573 recipients in 2017 with respect to matrimonial cases, 62 for other civil suits and
18 for criminal cases (Table 9.1).
From 2016 to 2017, the total amount spent with respect to legal aid in the Republic of
Mauritius decreased by 12% to about Rs 1 Million.
11. REVENUE AND EXPENDITURE OF THE JUDICIARY
For the financial year July 2016 to June 2017, the revenue collected (at the various courts of
the Island of Mauritius and the Court of Rodrigues) stood at around Rs 269 Million
(provisional), a drop of 2% compared to the last corresponding financial year figure of Rs
274 (Table 10.1).
For the same period, the estimated expenditure of the Judiciary for the Republic of Mauritius
increased by 20% from Rs 564 Million to Rs 678 Million (provisional) due to a consequent
rise in the capital expenditure from Rs 30 Million to Rs 163 Million.
2014 2015 2016 2017
Civil
Received 3,498 3,132 3,242 2,656
of which matrimonial 3,175 2,985 3,129 2,581
Granted 2,430 1,838 1,676 1,635
of which matrimonial 2,272 1,715 1,569 1,573
Criminal
Received & granted 42 52 47 18
1,144,375 1,179,968 1,154,520 1,021,552
2014 January to June
20152015/2016 2016/2017
Fines,
penalties
& forfeits
294,655,628 93,039,442 223,180,292 229,804,763
Other1 46,167,681 23,008,493 50,559,255 38,971,335
Total 340,823,309 116,047,935 273,739,547 268,776,098
2014 January to June
20152015/2016 2016/2017
Capital2 26,897,557 10,982,033 29,934,914 163,050,408
Recurrent 459,169,282 234,519,674 534,081,984 514,783,683
Total 486,066,839 245,501,707 564,016,898 677,834,091
Source: The Judiciary & Central Administration, Rodrigues (Finance Unit) and Court of Rodrigues
1Other includes court, ushers and other miscellaneous fees
Table 9.1 - Legal aid assistance - applications received, services granted and amount paid -
Republic of Mauritius, 2014 - 2017
Amount paid (Rupees)
Table 10.1 - Revenue collected from courts, Republic of Mauritius, January to
December 2014, January to June 2015, 2015/2016 & 2016/2017
Table 10.2 - Expenditure of the Judiciary, Republic of Mauritius, January to
December 2014, January to June 2015, 2015/2016 & 2016/2017
2Refers to Island of Mauritius
54
Male Female Total Male Female Total
Chief Justice 1 - 1 1 - 1
Senior Puisne Judge 1 - 1 1 - 1
Puisne Judge 9 9 18 9 8 17
Judge in Bankruptcy & Master and Registrar - 1 1 1 - 1
Deputy Master and Registrar & Judge in Bankruptcy 1 - 1 - 1 1
President, Intermediate Court (Civil & Criminal sides) - 2 2 - 2 2
President, Industrial Court - 1 1 - 1 1
Vice President, Intermediate and Industrial Courts - 3 3 1 2 3
Magistrate Intermediate Court 5 6 11 4 7 11
Senior District Magistrate 3 11 14 2 11 13
District Magistrate 5 9 14 2 5 7
Judicial Research Officer 3 3 6 3 3 6
Secretary to Chief Justice 1 - 1 1 - 1
Chief Registrar 1 - 1 1 - 1
Deputy Chief Registrar - - - 1 - 1
Senior Registrar/Regional Court Administrator 5 - 5 6 - 6
Adviser1 2 - 2 2 - 2
Chief Court Officer/Court Manager 22 - 22 23 - 23
Principal Court Officer 30 - 30 36 - 36
Senior Court Officer 32 41 73 21 57 78
Court Officer2 14 70 84 20 68 88
Chief/Principal Court Usher 11 - 11 11 - 11
Senior Court Usher/Court Usher 60 8 68 58 9 67
Senior Law Librarian/Law Librarian - 1 1 - - -
Senior Law Library Officer - 1 1 - 2 2
Law Library Officer/Assistant 1 7 8 1 11 12
Senior Transcriber - 1 1 - 1 1
Transcriber - 10 10 - 10 10
Other Supporting Staff 96 128 224 89 157 246
Total 303 312 615 294 355 649
1On contract
2Included Trainee Court Officers - Nil
Table 11.1 - Staff of the Judiciary, Republic of Mauritius, 2016 & 2017
Job title2016 2017
55
Court 2014 2015 2016 2017
Supreme Court1 10 11 11 11
Family Court 2 2 2 2
Commercial Court 2 2 2 2
Intermediate Court 10 11 11 12
Industrial Court 2 2 2 2
Bail & Remand Court 1 1 1 1
District Courts
(Island of Mauritius)23 28 28 28
Court of Rodrigues 1 1 1 1
Total 51 58 58 59
1Only 9 of the 10 court rooms of the Supeme Court were operational in 2014 but as from 2016 all 11 are operational
Male Female Total Male Female Total Male Female Total Male Female Total
Practicing Barristers 410 216 626 428 229 657 453 249 702 486 284 770
of whom
Queen's Counsel 5 - 5 4 - 4 4 - 4 4 - 4
Senior Counsel 16 - 16 16 - 16 22 2 24 22 4 26
Practicing Attorneys 97 62 159 98 64 162 102 66 168 98 77 175
of whom
Senior Attorneys 17 2 19 17 2 19 20 3 23 19 3 22
Practicing Notaries 43 23 66 44 23 67 43 26 69 44 27 71
- Nil
Table 11.2 - Court rooms by type of court, Republic of Mauritius,
2014 - 2017
Table 11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),
Republic of Mauritius, 2014 - 2017
2014 2015 2016 2017
56
Courses/Training 2016 2017
Continuing Professional Development Courses 47 50
Workshop - Law Practitioners 13 20
Workshop - Judges 1 3
Workshops - Magistrates 1 7
Workshops - Court Personnel - 2
Workshops - Police Officers - 2
Workshops - IJLS Staff - 1
Seminars 2 1
Total 64 86
- Nil
Male Female Total Male Female Total
Full time
Chairperson 1 - 1 - 1 1
Director - - - - 1 1
Other Supporting Staff - 4 4 - 4 4
On Contract
Legal Researcher 1 2 3 1 1 2
Legal Intern - - - 1 1 2
Total 2 6 8 2 8 10
1 Excluding 5 part time staff from The Judiciary to IJLS
- Nil
Table 12.1 - Courses and training carried out by the Institute for Judicial and Legal
Studies (IJLS), 2016 & 2017
Table 12.2 - Staff 1 of the Institute for Judiciary and Legal Studies, Republic of Mauritius,
2016 & 2017
Job title
2016 2017
57
Annex I
SUPREME COURT LIBRARY AND INFORMATION SERVICE
This report and the following are available at https://supremecourt.govmu.org:
1. The Laws of Mauritius
2. Judgments of the Supreme Court and the Privy Council
3. Judgments of the Master’s Court
4. Judgments of the District Courts
5. Judgments of the Industrial Court
6. Judgments reported in the Mauritius Reports as from 1861
7. Acts, regulations, proclamations, reprints and bills
8. Students’ theses
9. Directory of the legal professionals
10. News of the Judiciary
11. Weekly cause lists of all courts
12. Links to law websites
13. Examination papers - Barristers/Attorneys/Notaries
FOR MORE INFORMATION CONTACT:
Ms. C. Bandinah (Statistician)
Ms. V. Busgeeth (Senior Statistical Officer)
Statistics Unit, The Judiciary
Tel: 213-3055
Emails: [email protected]
Annex II
GLOSSARY OF TERMS
1. Absolute discharge is complete and unconditional release.
2. Acquitted is defined as a determination by the Court that a defendant is not guilty of the
charge(s) on the grounds that the charge has not been proven and/or due to lack of
evidence or no evidence given by the prosecution.
3. Adjudicated is defined as the outcomes of the judgment or decision by the Court as to
whether or not the defendant is guilty of the charge(s) laid against him. These outcomes
include: acquitted (dismissed), guilty finding and guilty plea.
4. Assault is physical attack against the body of another person.
5. Burglary is the unlawful entry into someone else’s premises with the intention to
commit a theft.
6. Case is one or more defendants against whom one or more charge(s) have been laid and
which are heard together by a Court as one unit of work. The charge(s) usually relate to
the same criminal incident.
7. Community Service Order is a sentence requiring an offender to perform unpaid
community work e.g following imprisonment or non-payment of fines.
8. Conditional discharge is a sentence whereby an offender is released under certain
conditions, e.g. to be of good behaviour for a specified period of time.
9. Contraventions (least serious offences) are defined as offences that are punishable by:
a) imprisonment for a term not exceeding 10 days;
b) fine not exceeding 5,000 rupees.
10. Criminal case is a case dealing with an offender indicted for an offence as defined by
the law.
11. Custodial Orders are sentences imposed on a defendant that require detention, e.g.
correctional or rehabilitation institutions, etc.
12. Drug offences are as spelt out under the Dangerous Drug Act 2000. They relate mainly
to drugs like gandia, heroin, hashish, opium, cocaine and other psychotropic substances.
13. Embezzlement is defined as the wrongful appropriation of another person’s property
that is already in the possession of the person doing the appropriating.
14. Fraud is defined as the acquisition of another person’s property by deception.
15. Intentional homicide is defined as death deliberately inflicted on a person by another
person, including infanticide and abortion.
16. Interim Protection Order is an order that is issued when the victim spouse or child or
any other person living under the same roof, requires urgent protection from the
perpetrator.
17. Jurisdiction is defined as the legal power or authority which may be exercised by a
particular court level and within which the judgments or orders of the court can be
enforced or executed. Each court level has its own defined jurisdictional limits.
18. Juvenile is defined as a person aged from 12 to 17 years inclusive.
19. Non-adjudicated is the formal withdrawal of charge(s) by the Prosecution (e.g. police,
Director of Public Prosecutions or Attorney-General) or by the courts; it includes Nolle
Prosequi and struck out.
20. Non-Custodial Orders are sentences imposed on a defendant that do not require
custody and include e.g. Community Service Orders, Probation Orders, Conditional or
Absolute Discharge Orders, licence disqualification/suspension, etc.
21. Occupation Order is an order that grants the victim the exclusive right to live in the
residence belonging to him, to the perpetrator or to both of them. It may last for a period
not exceeding 24 months.
22. Probation Order is a sentence whereby an offender is placed under the supervision of a
probation officer for a period not less than one nor more than three years.
23. Property offence includes theft, fraud, embezzlement, damage to property and illegal
possession of property and stolen goods.
24. Protection Order is an order which prevents the spouse from engaging in any further
act of violence; orders him/her to be of good behaviour and lasts for a period not
exceeding 24 months.
25. Proven guilty is defined as an outcome of criminal proceedings in which a court accepts
that a charge is proven through a guilty plea entered by a defendant or the defendant is
found guilty by the court. In the Magistrates' and Children's Courts, this includes
defendants found guilty.
26. Revocation Order is when either party (victim or perpetrator) may apply to the court
for a revocation of a Protection Order which is already in force.
27. Robbery is the theft of property from a person, overcoming resistance by force or threat
of force.
28. Sexual offence is defined as sexual intercourse or assault without valid consent.
29. Tenancy Order is an order which gives the victim the exclusive use of the house which
one or both partners are renting. Before issuing a Tenancy Order the Magistrate has to
hear the partners, the witnesses, the landlord and all those who have an interest in the
house.
30. Theft is defined as the removal of property without the property owner’s consent.