THE CONSTITUTION RL 1/1 - 12 March 1968 ARRANGEMENTS OF SECTIONS CHAPTER I – THE STATE AND THE CONSTITUTION CHAPTER II – PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL CHAPTER III – CITIZENSHIP CHAPTER IV – THE PRESIDENT AND THE VICE-PRESIDENT OF THE REPUBLIC OF MAURITIUS CHAPTER V – PARLIAMENT PART I – THE NATIONAL ASSEMBLY PART II – LEGISLATION AND PROCEDURE IN NATIONAL ASSEMBLY CHAPTER VI – THE EXECUTIVE CHAPTER VI 75 A - THE RODRIGUES REGIONAL ASSEMBLY 75 B - THE POWERS OF THE RODRIGUES REGIONAL ASSEMBLY 75 C - THE EXECUTIVE COUNCIL 75 D - RODRIGUES CAPITAL AND CONSOLIDATED FUNDS 75 E - ALTERATION OF CERTAIN WRITTEN LAWS CHAPTER VII – THE JUDICATURE CHAPTER VIII – SERVICE COMMISSIONS AND THE PUBLIC SERVICE CHAPTER IX – THE OMBUDSMAN CHAPTER X – FINANCE CHAPTER XI – MISCELLANEOUS FIRST SCHEDULE (section 31(2))
directions in writing, authorise the Deputy Prime Minister or, in his absence, some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the President. (2) The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided that where the President, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister´s absence or illness, or where the Prime Minister is unable to tender advice by reason of section 60(5), the President may exercise those powers without that advice and in his own deliberate judgment. [Amended 2/82; 48/91] Exercise of President´s functions (1) In the exercise of his functions under this Constitution or any other law, the President shall act in accordance with the advice of the Cabinet or of a Minister acting under the general authority of the Cabinet except in cases where he is required by this Constitution to act in accordance with the advice of, or after consultation with, any person or authority other than the Cabinet or in his own deliberate judgment. (2) The President may request the Cabinet to reconsider any advice tendered by it and shall act in accordance with such advice as may be tendered by the Cabinet after such reconsideration. (3) Where the President so requests, the Prime Minister shall submit for the consideration of the Cabinet any matter on which a policy decision has been taken by a Minister but which has not been considered by the Cabinet. (4) Where the President is directed by this Constitution to exercise any function after consultation with any person or authority other than the Cabinet, he shall not be obliged to exercise that function in accordance with the advice of that person or authority. (5) (a) Subject to paragraphs (b) and (c), where the President is required by this Constitution to act in accordance with the advice of or after consultation with any person or authority, the question whether in fact he has so acted shall not be called in question in any court of law. Where the President dissolves Parliament otherwise than under the proviso to section 57, the Prime Minister, may by motion, request the Supreme Court to enquire into the decision. Upon the hearing of a motion under paragraph (b), the Supreme Court shall determine whether or not the President has acted in accordance with the advice of the Prime Minister
the whole of it (free from any deduction, charge or tax made or levied in respect of its remission) to any country of his choice outside Mauritius: Provided that nothing in this subsection shall be construed as preventing – the attachment, by order of a court, of any payment or part of any payment to which a person is entitled in satisfaction of the judgment of a court or pending the determination of civil proceedings to which he is a party to the extent to which such attachment is permitted by the law with respect to pensions benefits that applies in the case of that person; or the imposition of reasonable restrictions as to the manner in which any payment is to be remitted. (6) In this section, 'pensions benefits' means any pensions, compensation, gratuities or other like allowances for persons in respect of their service as public officers or for the widows, children, dependants or personal representatives of such persons in respect of such service. [Amended 5/97] CHAPTER IX – THE OMBUDSMAN Office of Ombudsman There shall be an Ombudsman, whose office shall be a public office. The Ombudsman shall be appointed by the President, acting after consultation with the Prime Minister, the Leader of the Opposition and such other persons, if any, as appear to the President, acting in his own deliberate judgment, to be leaders of parties in the Assembly. No person shall be qualified for appointment as Ombudsman if he is a member of, or a candidate for election to, the Assembly or any local authority or is a local government officer, and no person holding the office of Ombudsman shall perform the functions of any other public office. The offices of the staff of the Ombudsman shall be public offices and shall consist of that of a Senior Investigations Officer and such other offices as may be prescribed by the President, acting after consultation with the Prime Minister. [Amended 48/91] Investigations by Ombudsman