THE COURTS ACT 1945

Act 5/1945

ARRANGEMENT OF SECTIONS

PART I - PRELIMINARY 18A. Innocent publication and distribution

18B. Proceedings in private
1. Short title 18C. Powers of Supreme Court in cases
2. Interpretation of contempt
Sub-Part III – Officers of Supreme
PART II - THE SUPREME COURT Court
Sub-Part I – Constitution of Supreme Court 19. Master and Registrar
3. Constitution 20. Deputy to Master and Registrar
4. - 21. Taxation by Chief Clerk
5. Vacancies 22. Delegation of other powers of Master
6. - and Registrar
7. Powers, precedence and office of 23. Minutes of proceedings
judges 24. Shorthand notes
8. Seal 25-30. Repealed
9. Sittings 31. Interpreters
10. Place of sittings 32. Other officers of the Court
11. Adjournment of court 33. Officers under control of Chief
12. Right of audience Justice
13. Supreme Court open at all times 34. Civil jurisdiction of Supreme Court
14. Language to be used in Supreme 35. Proceedings to be before one judge
Court 36. Quorum of 2 or more judges
Sub-Part II – Jurisdiction of Supreme 37. Difference of opinion between 2
Court Judges
15. Powers of Supreme Court 38. Criminal business of the Supreme
16. Supreme Court - a Court of Equity Court
17. Jurisdiction and process 39. Case before 3 or 5 judges
17A. Mediation 40. Criminal and civil sittings
18. Disciplinary powers 41. -

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42. Trial by jury 69. Appellate jurisdiction of the Supreme
43. Penalty for non-attendance by jury Court
44. Drawing of jurors to serve 70. Appeals to be heard before at least 2
45. Where number of jurors is insufficient judges
46. Challenge of jurors 70A. Appeals to Judicial Committee in
47. Oath by jurors criminal matters
48. Foreman to be elected by jury 70B. Frivolous appeals
49. Giving the accused in charge Sub-Part VI – Jurisdiction in
50. Presiding Judge to sum up case Chambers of Judges
51. Verdict 71. Matters disposed of by judge in
52. Verdict to be given by a majority Chambers
53. Sentence to be pronounced by the 72. Repealed
Court 73. Power to grant an injunction
54. Communication by or with juror 74. Rule or summons to show cause
55. Bribes offered to or accepted by juror 75. Record of Judge's orders made in
56. Law of England to decide procedure Chambers
57. Jurors to know English 76. Judges may issue warrant or
58. Illness of accused summons
59. Absence of a juror 76A. Time for appeal
60. When jury to be kept together
61. Jurors to attend adjournments Sub-Part VII -
62. Bankruptcy Division of Supreme 77. – 79. [Repealed by Act No. 29 of
Court 1992]
63. Judge of Bankruptcy Division
64. Custody of records PART III - INTERMEDIATE COURT AND
65. Registrar of the Bankruptcy Division DISTRICT COURTS
66. Registrar may tax costs Sub-Part I – Constitution of Intermediate
67. Power to make rules Court and District Court
68. Attendance of Ministère public
68A. Reference to Ministère Public 80. Establishment of Intermediate Court
optional 81. President and Magistrates of
Sub-Part V – Appellate Jurisdiction Intermediate Court
of Supreme Court 82. Sittings of Intermediate Court
83. Seal of Intermediate Court

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84. Audience before Intermediate Court 111. Jurisdiction taken away in certain
85. Proceedings of Intermediate Court cases
86. Cases coming for mention 112. Criminal jurisdiction of Intermediate
87. Documents Court
88. Minutes of trials 113. Penalties
89. Head Clerk 114. Criminal jurisdiction of District Courts
90. Issue of process and other 115. Preliminary inquiry by Magistrate
documents 116. Matters excluded from summary
91. Custody of records jurisdiction
92. Other duties of Head Clerk 117. Referral of cases by DPP
93. Establishment of District Courts 118. Further powers of District Magistrates
94. District Magistrates
95. Sittings of District Court Sub-Part III - Miscellaneous
96. Seal of District Court 119. Qualifications of Magistrates
96A. Audience before District Court 120. Disqualification from holding other
97. Jurisdiction of District Magistrates office
98. District Clerk 121. Control of Magistrates
99. Issue of process and other 122. Control of Intermediate and District
documents Courts
100. Custody of records 123. Reports to Chief Justice
101. Other duties of District Clerk 124. Replacement of Magistrates
102. Change of venue 125. Challenge
103. Errors as to venue 126. Reservation of questions of law
127. Contempt
Sub-Part II – Jurisdiction of 128. Summonses to witnesses
Intermediate and District Courts 129. Examination of witnesses
104. Civil jurisdiction 130. Evidence outside court
104A. Small claims jurisdiction 131. Language to be used
105. When jurisdiction not ousted 132. Interpreters
106. Action by landlord 133. Absence of Magistrate
107. Alimony 134. -
108. Possessory actions 135. Error and certiorari taken away
109. Powers of Magistrate under Codes 136. Transfer of proceedings
110. Security for costs 137. – 154.- Repealed

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 170. Copies of public documents
PART IV - LAW IN FORCE AND TO BE admissible
APPLIED IN COURTS 171. Custodians of public documents
172. Privilege not affected
155. – 156. - Repealed 173. Statements of witnesses
157. Extension of enactments to other 174. De bene esse proceedings
islands 175. Translation of evidence
158. Power to legislate for other islands 176. Translation when not necessary in
159. Penalties for contravention of civil cases
regulations 177. Recording evidence given before
160. Regulations to be laid before Supreme Court
Assembly 177A. Objection to form of evidence
178. Inspection of property
PART V - EVIDENCE 179. Penalty for non-attendance of
Sub-Part I – General Provisions as witness
to Evidence 180. Repealed by [Act No. 20 of 1993]
161. Interpretation 181. Certificates of certain officers as
161A. Persons may be excluded from evidence
proceedings 181A. Microfilms and other reproductions
161B. Live video and television Link 181B. Admissibility of out-of-court statements
161C. Summons to judicial officer 181C. Admissibility of certain records in civil
162. English law of evidence to be proceedings
followed 181D. Evidence in rebuttal
163. No exclusion because of relationship 181E. Admissibility of statements produced
or interest by computers in civil proceedings
164. Saving as to accused person and 181F. Proof of Statements contained in a
spouse document
165. Questions tending to incriminate 182. Illness of juror
166. Proof of occupation of immovable 183. This Sub-Part extended to the other
property islands
167. Examination on faits et articles
168. Insufficiency of notices not to exclude Sub-Part II – Evidence in Criminal
evidence Cases
169. State need not file list of witnesses

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184. Competency of witnesses in criminal
cases PART VI – MISCELLANEOUS
185. Evidence of person charged
186. Right of reply 197. Reasons of judgment in criminal
187. Evidence of husband and wife matters to be followed
188. Application 197A. Interest on judgment debts in
188A. Admissibility of sound recording accident cases
188B. Admissibility of written statements 197B. Costs in exaggerated claims
188C. Admissibility of out of Court statement 197C Enquiry as to genuineness of deed
in piracy cases where maker is 197D. Wasted costs order
unavailable 197E. Adjournment costs
189. Translation when not necessary in 197F. Vexatious proceedings
criminal cases 198. Rules of Court
189A. Evidence of a formal character 199. Rules Committee
200. Amendment of Schedules
Sub-Part III – Declarations instead of Oath 201. Practice directions
190. Declaration instead of oath FIRST SCHEDULE
191. Form of declaration SECOND SCHEDULE
192. Solemn affirmations THIRD SCHEDULE
193. Validity of oath, affirmation or FOURTH SCHEDULE
declaration FIFTH SCHEDULE
194. Form of declaration in writing
195. Penalty for swearing false affidavits
196. Swearing with uplifted hands

PART I - PRELIMINARY

1. Short title

This Act may be cited as the Courts Act.

2. Interpretation

In this Act -

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 “District Magistrate" includes Senior District Magistrate;

“prescribed amount", in relation to the Intermediate Court or a District Court, means such
sum as the Attorney-General may, by regulations, determine.

Amended by [Act No. 48 of 1991]; [Act No. 14 of 2018]

PART II - THE SUPREME COURT

Sub-Part I - Constitution of the Supreme Court

3. Constitution

(1) The Supreme Court of Mauritius shall be constituted in the manner prescribed in
Chapter VII of the Constitution.
(2) (a) Subject to paragraph (b), the retiring age of a Judge of the Supreme Court shall,
for the purposes of section 78 (7) of the Constitution, be the age 67 years
(b) Any person holding office as a Judge on 24 July 2008 may elect to retire at the
age of 62 years.

4. -

5. Vacancies

The Supreme Court shall be deemed to be duly constituted during and notwithstanding any
vacancy caused by the death, resignation, sickness, incapacity or absence from Mauritius on
vacation leave, or for any other reason, of the Chief Justice, the Senior Puisne Judge or any
Puisne Judge.

6. -

7. Powers, precedence and office of judges

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 (1) Subject to the other provisions of this Act, all Judges of the Supreme Court shall
have equal power, authority and jurisdiction.

(2) The Puisne Judges shall take precedence after the Chief justice and the Senior
Puisne Judge, in such manner as the President, acting in accordance with the advice of the
Judicial and Legal Service Commission, may determine.

(3) Except with the approval of the President no Judge shall, with or without
remuneration, undertake any other work or hold any other office.

Amended by [Act No. 48 of 1991]

8. Seal

(1) The Supreme Court shall have a seal bearing on it the Arms of Mauritius with the
words “Supreme Court, Mauritius”.

(2) (a) The seal shall be kept by the Chief Justice.

(b) The Chief Justice may entrust the seal to such officers of the Court as he thinks fit.

Amended by [Act No. 29 of 1992]

9. Sittings

Sittings of the Supreme Court may be appointed and held at any time at the discretion of
the Court.

10. Place of sittings

The sittings of the Supreme Court shall usually be held in such building as the President
shall assign as a Court House for that purpose, but where the Supreme Court sits in any other
building or place for the transaction of legal business, the proceedings shall be as valid in every
respect as if they had been held in such Court House.

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Amended by [Act No. 48 of 1991]

11. Adjournment of court

Where the Judge before whom any case is to be heard is from any cause unable or fails to
attend on the day appointed, and no other judge attends in his stead, the Master may adjourn the
Court de die in diem until the Judge attends or until the Court is adjourned or closed by order
under the hand of a Judge.

12. Right of audience

In any proceedings before the Supreme Court, any of the following persons may address
the Court -

(a) any party to the proceedings, with leave of the court;

(b) a barrister, and, if the proceedings are before the Bankruptcy Division, an attorney
retained by or on behalf of any party.

13. Supreme Court open at all times

(1) Subject to section 15, the Supreme Court shall be open throughout the year for the
transaction of the general legal business pending there other than the criminal causes, and may at
any time hear and determine any cause or matter pending in Court other than the criminal causes,
upon such notice to the parties and otherwise as shall be determined by rules of Court or as shall
seem just and reasonable.
Amended by [Act No. 11 of 2007]

(2) The offices of the Supreme Court shall remain open for public business during
office hours throughout the vacation and the vacation shall only apply to the officers of the
Supreme Court in so far as is provided by rules of Court.

14. Language to be used in Supreme Court

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 (1) The language to be used in the Supreme Court shall, subject to subsection (2), be
English.
(2) Where a party or a witness in a case satisfies the Court that he does not possess
sufficient knowledge of the English language, he may address the Court or give evidence in the
language with which he is best acquainted.

Amended by [Act No. 14 of 2018]

Sub-Part II - Jurisdiction of the Supreme Court

15. Powers of Supreme Court

The Supreme Court shall be a superior Court of record and, in addition to any other
jurisdiction conferred on it, shall have all the powers and judicial jurisdiction necessary to
administer the laws of Mauritius.

16. Supreme Court - a Court of Equity

The Supreme Court shall be a Court of Equity vested with power, authority and jurisdiction
to administer justice, and to do all acts for the due execution of such equitable jurisdiction, in all
cases where no legal remedy is provided by any enactment.

17. Jurisdiction and process

The Supreme Court shall have full original jurisdiction to hear, conduct and pass decisions
in civil suits, actions, causes, and any matters that may be brought and may be pending before the
Supreme Court, and the Supreme Court and the judges shall sit and proceed to and conduct, and
carry on, business in the same manner as the High Court of justice in England and its judges.

17A. Mediation

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 (1) The Supreme Court shall have the power and jurisdiction to conduct mediation in
any civil suit, action, cause and matter that may be brought and may be pending before the
Supreme Court.

(2) The Chief Justice may, before or at any stage of any proceedings, refer any civil
suit, action, cause or matter to a Judge for mediation with a view to disposing of that civil suit,
action, cause or matter by agreement or narrowing down the issues therein.

(3) Where a civil suit, action, cause or matter is referred for mediation under subsection
(2) –

(a) the Judge to whom it is referred shall have such powers as may be
prescribed for conducting mediation; and

(b) the parties shall submit themselves to mediation and shall endeavour to
dispose of the civil suit, action, cause or matter.

(4) Where a civil suit, action, cause or matter has not been disposed of through
mediation, the Judge shall cause the case to be fixed for trial.
Added by [Act No. 20 of 2009]

18. Disciplinary Powers

(1) Notwithstanding any other enactment, the Supreme Court shall have power and
jurisdiction to hear and determine any complaint of a disciplinary nature in respect of the
professional conduct of a law practitioner or a ministerial officer including a. land surveyor.

(2) For the purposes of subsection (1), 'complaint' includes a motion by a law officer, a
written report by, or on behalf of the Chief Justice, of the Master and Registrar, of the Bar
Councilor of any other body or authority exercising powers of supervision over the conduct of a
person referred to in subsection (1).

(3) The Court may require the Ministère Public to intervene in any such matter in such
manner as it thinks fit.

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 (4) A hearing under this section shall be governed by section 14 of the Law
Practitioners Act 1984..

Amended by [Act No. 29 of 1992]

18A. Innocent publication and distribution

(1) A person shall not commit a contempt of Court on the ground that he has published
any matter calculated to interfere with the course of justice in connection with any proceedings
pending or imminent at the time of publication if at that time, having taken reasonable care, he did
not know and had no reason to suspect that the proceedings were pending, or that such
proceedings were imminent, as the case may be.

(2) A person shall not commit a contempt of Court on the ground that he had
distributed a publication containing such matter as is mentioned in subsection (1) if at the time of
distribution, having taken all reasonable care, he did not know that it contained any such matter
and had no reason to suspect that it was likely to do so.

(3) The proof of any fact tending to establish a defence afforded by this section to any
person in proceedings for contempt of Court shall lie upon that person.

18B. Proceedings in private

(1) The publication of information relating to proceedings before any Court sitting in
private shall not of itself be contempt of Court except -

(a) where the proceedings relate to the guardianship, custody,

maintenance or upbringing of an infant, or rights of access to an
infant;

(b) where the Court sits in private for reasons of national security during
that part of the proceedings about which the information in question
is published;

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 (c) where the information relates to a secret process, discovery or
invention which is in issue in the proceedings;

(d) where the Court, having power to do so, expressly prohibits the
publication of all information relating to the proceedings or of
information of the description which is published.

(2) Without prejudice to subsection (1), the publication of the text of a summary of the
whole or part of an order made by a Court sitting in private shall not of itself be contempt of court
except where the court, having power to do so, expressly prohibits the publication.

(3) In this section, references to a court include references to a judge and to a tribunal
and to any person exercising the functions of a court, a Judge or a tribunal, and references to a
court sitting in private include references to a court sitting in camera or in Chambers.

(4) Nothing in this section shall be construed as implying that any publication is
punishable as contempt of court which would not be so punishable apart from this section.

18C. Powers of Supreme Court in cases of contempt

Where the Supreme Court, on a motion made to that effect supported by affidavit, finds
that a person has committed a contempt, the Court may -

(a) sentence that person to imprisonment for a term not exceeding one year or
to a fine not exceeding 300,000 rupees;

(b) make such other order as it thinks fit.

Added by [Act No. 15 of 1994]

18D. Contempt in face of Court

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 (1) Where any person wilfully insults a Judge, an usher or an officer of the
Supreme Court during a sitting of, or while in attendance in, the Court or wilfully interrupts
the proceedings of the Court or otherwise misbehaves in Court, any usher or officer of the
Court may, with or without assistance from any person, by order of the Court, take the
person into custody and detain him until the sitting of the Court ends.

(2) The Court may commit any person referred to in subsection (1) to prison for a
period not exceeding 7 days or may impose upon him a fine not exceeding 25,000 rupees
and, in default of payment, may commit him to prison for a period not exceeding 7 days
unless the fine is sooner paid.

Added by [Act No. 3 of 2018]

Sub-Part III - Officers of the Supreme Court

19. Master and Registrar

(1) There shall be a Master and Registrar of the Supreme Court who shall be a barrister of not
less than 5 years standing at the bar.

(2) The duties of the Master shall include –

(a) the conduct and hearing of all formal matters relating to cases, other than
criminal matters, pending before the Supreme Court including the power to
hold pre-trial conferences and the power to make such orders or give such
directions for the just, expeditious and economical disposal of proceedings;

(b) the taxation of costs, the conduct and management of judicial sales, probate
of wills and incidental matters connected therewith;

(c) the dealing with matters of audit, inquiry and accounts; and

(d) all such matters as may be referred to him by the Chief Justice, Judge or
Court.

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 Deleted and Replaced by [Act No. 15 of 2000]

20. Deputy to Master and Registrar

Subject to such directions as may be given by the Chief Justice, the Deputy Master and
Registrar and judge in Bankruptcy shall have and exercise all the powers, and perform all duties,
vested in the judge in Bankruptcy and Master and Registrar under any enactment.

Amended by [Act No. 29 of 1992]

21. Taxation by Chief Clerk

(1) The Chief Justice may, in the case of the absence of the Master and Registrar,
make an order directing and authorising the Chief Clerk of the Registry to tax costs during the
absence of the Master and Registrar.

(2) The Chief Clerk of the Registry shall have during the absence of the Master and
Registrar, the same power of taxin'9 costs as is vested in the Master and Registrar by this Act,
and any taxation of cost's by the Chief Clerk shall be deemed a taxation by the Master and
Registrar.

Amended by [Act No. 29 of 1992]

22. Delegation of other powers of Master and Registrar

Notwithstanding any other enactment, the Secretary to the Chief justice or the Chief
Registrar or any officer of the court designated for that purpose by the Chief Justice may –

(a) administer an oath; and

(b) exercise such powers or perform such duties of an administrative nature

vested in the Master and Registrar as the Chief Justice may determine.

Amended by [Act 29 of 1992]; [Act No. 15 of 1994]; [Act No. 4 of 1999]

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23. Minutes of proceedings

(1) In every case heard before the Supreme Court, minutes of the proceedings
shall be drawn up and signed by the Registrar or any Court Officer acting on behalf
of the Master and Registrar with the authority of the Chief Justice.

(2) The minutes of proceedings shall, together with the notes of evidence and
submissions recorded in accordance with section 177, be preserved as a record of
the Court.
(3) The record or a copy, signed and certified by the Registrar or any Court
Officer acting on behalf of the Master and Registrar, shall, without further proof, be
admitted in any proceedings before any Court as evidence of the proceedings and
of the statement made by a witness.

Amended by [Act No. 29 of 1992]; [Act No. 14 of 2018]

24. Shorthand notes

In every case, civil or criminal, where the presiding judge so directs, the Master and
Registrar or such other officer shall ensure that shorthand notes are taken of any proceedings
before the Supreme Court, and a transcript of such notes shall be made if the presiding judge so
directs, and such transcript shall, for all purposes, be deemed prima facie to be the official record
of such proceedings.

Amended by [Act No. 29 of 1992]

25-30. Repealed

31. Interpreters

(1) All interpreters appointed by the Public Service Commission shall be

deemed to be clerks attached to the Supreme Court.

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 (2) They shall be subject, as officers of the court, to the control of the Chief
Justice and they shall perform such duties, including clerical duties as the
Chief Justice may direct.

32. Other officers of the court

(1) (a) The Supreme Court shall have such other officers as may be
appointed by the Public Service Commission.

(b) The Chief Justice may transfer any clerk or interpreter of the
Supreme Court to any Intermediate Court, District Court or Industrial
Court, and any clerk or interpreter so transferred shall have the
same powers and be subject to the same liabilities as an
Intermediate Court, District Court or Industrial Court clerk or as an
Intermediate Court, District Court or Industrial Court interpreter, as
the case may be.

(2) (a) The Public Service Commission may appoint such number of
persons as may be necessary to be shorthand writers of the
Supreme Court.

(b) They shall be deemed to be clerks attached to the court and shall
perform such duties, including clerical duties, as the Chief Justice
may direct.

33. Officers under control of Chief justice

Without prejudice to the powers of the Public Service Commission, every officer of the
Supreme Court, including clerks, shall, for all purposes, be subject to the orders and directions of
the Chief Justice.

Sub-Part IV - Sittings and Distribution of Business of the Supreme Court

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34. Civil jurisdiction of Supreme Court

(1) The Supreme Court shall be the principal court of original civil jurisdiction and shall
exercise general powers of supervision over all District and Industrial Courts and other special
courts established or which may be established in Mauritius.

(2) In the exercise of civil jurisdiction, the Supreme Court may hear and determine all
civil matters whether sitting as a Court of Appeal or in exercise of its original jurisdiction, and it
may sit publicly in more than one division at the same time for the despatch of civil business, each
such division may be composed of one or more judges as the nature of the suit or matter may
require.

35. Proceedings to be before one judge

Every proceeding in the Supreme Court and all business arising from that proceeding shall,
save as provided by this Act, be heard and disposed of by a single judge.

36. Quorum of 2 or more judges

The Chief Justice may, either proprio motu or on application in writing made to him by any
party to a case stating the reasons for such application, direct that any case shall be heard by 2 or
more judges, having regard to the magnitude of the interests at-stake or the importance or
intricacy of the questions of fact or law involved.

37. Difference of opinion between 2 judges

(1) Where the Supreme Court or any divisional court is held by 2 judges only, the
unanimous decision of these judges shall be taken to be the decision of the Supreme Court.

(2) In the event of any difference of opinion between them, the decision of the court
shall be suspended until a third judge is present, and the unanimous decision or the decision of
the majority of the 3 judges, shall be taken to be the decision of the Supreme Court.

38. Criminal business of the Supreme Court

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(1) The Supreme Court shall be the principal court of original criminal jurisdiction and shall
exercise general powers of supervision over all Intermediate, District and Industrial Courts and
any other special courts that are or may be established in Mauritius.

(2) The Supreme Court shall, acting in the exercise of its original criminal jurisdiction, hold
sittings for the despatch of criminal business.

Amended by [Act No. 15 of 1994]; [Act No. 11 of 2007]

39. Case before 3 or 5 judges

In any case pending before the Supreme Court, which the law requires to be taken before
the full court, 3 or 5 judges shall hear the case, and in such case, as well as in any case where the
judges think it expedient to hold a sitting before 3 or 5 of them, the unanimous decision of such 3
or 5 judges or the decision of a majority of them, shall be taken to be the decision of the full court.

40. Criminal and civil sittings

The Supreme Court may hold –

(a) 2 or more sittings at the same time for the despatch of criminal business; and

(b) sittings for the despatch, at the same time, of criminal business and civil
business.

Amended by [Act No. 11 of 2007]

41. Divisions of Supreme Court

(1) There shall be, for the despatch of civil business and criminal business of the
Supreme Court, such divisions of the Supreme Court as the Chief Justice thinks fit, including

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 a Financial Crimes Division, a Land Division, a Family Division, and a Commercial Division,
of the Supreme Court.

(2) Notwithstanding any other enactment, the Chief Justice may, for the proper
administration of justice, determine the jurisdiction of any division of the Supreme Court and
may direct that any case before a division of the Supreme Court be transferred to, and heard
by, another division of the Supreme Court.

(3) Where a Judge is assigned to a division of the Supreme Court, his tenure as Judge
of the Supreme Court shall not be affected and the Judge shall have full power to hear and
determine any case within the jurisdiction of the Supreme Court.

(4) No act done by a Judge shall be void or impeachable by reason that a case should
have been heard by a division of the Supreme Court other than that to which he has been
assigned to.

Amended by [Act No. 11 of 2007]; [Act No. 9 of 2020]

41A. Financial Crimes Division of Supreme Court

(1) There shall be a Financial Crimes Division of the Supreme Court which shall,
subject to this section, have original jurisdiction to hear and determine –

(a) a financial crime offence; and

(b) any other matter under any enactment which is connected or ancillary to a
financial crime offence.

(2) Where a person commits a financial crime offence, the Director of Public
Prosecutions may, in his discretion, determine that the information relating to the offence
shall be laid before the Financial Crimes Division of the Supreme Court or the Financial
Crimes Division of the Intermediate Court.

(3) In exercising his discretion under subsection (2), the Director of Public Prosecutions
may have regard to whether the offence –

(a) has international ramifications;

(b) involves complex sequence of bank transfers or commercial transactions;

(c) involves complex ownership, company and proxy structures; or

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 (d) is one in which the offenders may be engaged in cybercrime or computer-
based fraud involving money held in the form of virtual currency.

(4) This section shall not affect the jurisdiction of any other competent Court in respect
of a financial crime offence.

(5) In this section –

“financial crime offence” –

(a) means an offence committed under an enactment specified in the Sixth

Schedule; and

(b) includes any other offence which is connected or ancillary to an offence

committed under an enactment specified in the Sixth Schedule.

Added by [Act No. 9 of 2020]

41B. Land Division of Supreme Court

There shall be a Land Division of the Supreme Court which shall have original
jurisdiction to hear and determine –

(a) any matter regarding ownership of land and property rights, other than any matter
connected therewith which falls under the jurisdiction of the Intermediate Court or
District Court under any enactment; and

(b) any other matter connected therewith as the Chief Justice may direct.

Added by [Act No. 9 of 2020]

41C. Family Division of Supreme Court

There shall be a Family Division of the Supreme Court which shall have original
jurisdiction to hear and determine –

(a) any matter under the Divorce and Judicial Separation Act;

(b) alimony, matrimonial and family matters, other than any matter connected therewith
which falls under the jurisdiction of the Intermediate Court or District Court under
any enactment; and

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 (c) any other matter connected therewith as the Chief Justice may direct.

Added by [Act No. 9 of 2020]

41D. Commercial Division of Supreme Court

There shall be a Commercial Division of the Supreme Court which shall have original
jurisdiction to hear and determine –

(a) any matter under the Insolvency Act and the Companies Act;

(b) any matter relating to banking, bills of exchange, offshore business, patents and
trademarks or passing off; and

(c) any matter arising out of a contract as the Chief Justice may direct.

Added by [Act No. 9 of 2020]

42. Trial by jury

(1) Subject to section 10 of the Criminal Procedure Act and to any other enactment
relating to trials without a jury, criminal trials before the Supreme Court shall be held before a
Presiding Judge and a jury consisting of 9 persons who are qualified to serve as jurors.

(2) Subject to subsection (3) and to section 57 every citizen of Mauritius who –

(a) has at any time resided in the island of Mauritius for one year; and

(b) is between the ages of 21 and 65, shall be qualified to serve as a

juror.

(3) (a) No person who has been convicted of a crime shall be qualified to
act as a juror.

(b) No proceeding shall be open to objection or challenge on the ground

that a person disqualified under paragraph (a) has acted as a juror.

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 (4) The Judges shall, by rules of Court, make provision for the preparation of a
list of jurors and for the summoning of panels.

(5) (a) A judge may, on the trial of any cause before him, excuse a person
summoned as a juror from serving on the jury if he is satisfied that
the person -

(i) is not qualified to act as a juror;

(ii) is not sufficiently conversant with the English language to act

as a juror;

(iii) ought to be excused from acting as a juror on account of any

serious physical incapacity or any mental deficiency; or

(iv) being a woman, ought to be excused from so serving for any

medical reason or any other reason which the judge may
consider to be just and reasonable having regard to the
conditions of her family life.

(b) Where a person is excused from serving on jury pursuant to paragraph (a),
the name of the person shall be erased from the jury book for the current
year and any longer time as the judge may think proper.

Amended by [Act No. 29 of 1992]

43. Penalty for nonattendance by jury

Any person who, when duly summoned as a juror, makes default and fails to attend court,
or when called, does not answer or wilfully withdraws himself from the presence of the court before
the jury, of which he is one, has delivered its verdict or been discharged, shall forfeit a sum not
exceeding 500 rupees, at the direction of the judge, unless some just cause for such defaulters
absence shall be made to appear to the satisfaction of the court.

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44. Drawing of jurors to serve

(1) At the sitting of the court for the trial of any such issue, the name, condition
and place of abode of each juror summoned as aforesaid shall be written on
a separate piece of card, paper, parchment, or otherwise and put into a box.

(2) When such issue is called on to be tried, the Registrar or other officer of the
court shall, in open court, draw therefrom, until the names of 9 persons
appear who are not objected to or challenged, and after the trial, such
names shall be returned to the box, to be kept with the other undrawn
names, and so on as long as any issue shall remain to be tried.

Amended by [Act No. 29 of 1992]

45. Where number of jurors is insufficient

Where a case appointed to be tried by a jury is called, and a sufficient number of jurors
summoned to attend such court is not in attendance, the court or Judge may then order any officer
of the court forthwith to summon as many good and lawful men of the bystanders (being qualified
as jurors), or any such jurors residing in Port Louis, as shall be sufficient to make up a full jury for
the trial of that case.

46. Challenge of jurors

The State and the prisoner shall each be able to challenge –

(a) not more than seven persons peremptorily; and

(b) any other person on good cause shown.

Amended by [Act No. 29 of 1992]

47. Oath by jurors

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 Every juror shall take the following oath which shall be adMinistèred to him by the
Presiding judge -

"I shall well and truly" the matter at issue between the State and the prisoner at the bar and
a true verdict give according to the evidence. So help me God."

Amended by [Act No. 29 of 1992]

48. Foreman to be elected by jury

After the oaths have been- adMinistèred, the jury shall elect their foreman.

49. Giving the accused in charge

The jury having been sworn to give a true verdict according to the evidence upon the
issues to be tried by them, and having elected a foreman, the proper officer of the court shall
inform them of the charge specified in the information, and of their duty as jurors upon the trial.

50. Presiding judge to sum up case

The evidence and arguments at the trial on both sides being closed, the presiding judge
shall, in the presence of the parties, sum up the whole case to the jury, stating where the main
question and principal issue lies, commenting on the evidence, and affording such explanations
and making such remarks as he thinks necessary for their direction, further stating his opinion on
any matter of law arising on the evidence which he may consider to require it.

51. Verdict

(1) The verdict of the jury shall be in ordinary cases “Guilty” or “Not Guilty".

(2) The jury may if they so desire in any particular case, return instead a special
verdict, setting out the facts which they find to have existed in the case before them, with an

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alternative conclusion of “Guilty" or 'Not Guilty" according as the court may determine the matter of
law arising from the facts so found.

Amended by [Act No. 29 of 1992]

52. Verdict to be given by a majority

(1) The verdict of the jury shall be given by a majority of 7.

(2) The verdict shall be delivered in open court and shall be recorded by the
Master and Registrar or other officer of the court.

Amended by [Act No. 29 of 1992]

53. Sentence to be pronounced by the court

After the Master and Registrar or other officer has recorded the verdict in criminal matters,
the court shall pronounce sentence on the prisoner either forthwith or on some future day.

Amended by [Act No. 29 of 1992]

54. Communication by or with juror

(1) Any juryman who is guilty of any extraneous communication pending the
conference of the jury, shall be fined by the court in a sum not exceeding 500 rupees.

(2) The same penalty shall apply to any person guilty of having, from without, held any
communication with any juryman and to the officer in charge of the jury who has not prevented
such communication.

55. Bribes offered to or accepted by juror

Every person who is guilty of the offence of attempting corruptly to influence a jury by
persuasion or by bribery or by offer of bribery, and every juror who wilfully and corruptly consents

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thereto, shall be respectively punished by imprisonment for a term not exceeding 2 years, either in
a summary manner by the Supreme Court , where the commission of the offence is discovered
whilst a trial is pending before the Court, or by the Supreme Court on a criminal information filed
by the Director of Public Prosecutions against the offender where the commission of the offence is
not discovered whilst a trial was pending before the Court.
.

Amended by [Act No. 11 of 2007]

56. Law of England to decide procedure

Where any question arises as to any procedure, or conduct in or respecting any matter, in
the trial by jury, not herein provided for, the law of England shall be followed and rule the point or
question at issue.

57. Jurors to know English

(1) No person who has made an oath or affirmation that he is not sufficiently
acquainted with the English language to serve as a juryman shall be called
upon to act as a juror in any criminal case, nor shall the name of that person
be inserted by the Master and Registrar in the Jury Book compiled by him,
so long as such person continues not to be sufficiently conversant with the
English language to serve as a juryman.

(2) A judge in Chambers may ex-officio, direct the Master and Registrar to re-
insert, and it shall also be competent for the Master and Registrar, ex officio,
to re-insert in the Jury List of any year, the name of any person under
subsection (1), who, there is reason to believe, has become sufficiently
conversant with the English language to serve as a juror.

Amended by [Act No. 29 of 1992]

58. Illness of accused

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 Where during a trial the accused, in the opinion of the court becomes incapable, through
sickness or other sufficient cause, of remaining at the bar, the court may discharge the jury and
adjourn the trial.

59. Absence of a juror

(1) Where in the course of a trial, at any time prior to the delivery of the verdict,
any juror from any sufficient cause is prevented from attending through the
trial, or from further attendance at the time, or where any juror absents
himself, and his further attendance cannot be immediately enforced, the
court may postpone the trial till the juror can attend, within a reasonable
time.

(2) Where the attendance of such juror cannot be procured within a reasonable
time, the court may direct that a juror shall be added, and the jury re-sworn,
or that the jury shall be discharged, and a new jury empanelled, and in
either case the trial shall commence anew.

60. When jury to be kept together

(1) It shall not be necessary in any case to keep the jury together during any
adjournment previous to the close of the Judge's summing up, but the court
may, if it appears to it to be advisable in the interests of justice in any trial,
require the jury to be kept together during any adjournment.

(2) Where the jury has retired to consider its verdict, the court may give such
direction as it thinks fit with respect to their accommodation, custody and
refreshment.

61. Jurors to attend adjournments

Where a trial is adjourned, the jurors shall be required to attend at the adjournment sitting
and at every subsequent sitting until the conclusion of the trial.

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62. Bankruptcy Division of Supreme Court

(1) There shall be a division of the Supreme Court to be called the Bankruptcy
Division of the Supreme Court having jurisdiction to deal with ail matters of
bankruptcy, insolvency or the winding up of companies.

(2) The jurisdiction of the Bankruptcy Division of the Supreme Court shall vest
in and be exercised by the Master and Registrar concurrently with the
judges.

(3) The jurisdiction of the Master and Registrar when sitting as a judge of the
Bankruptcy Division shall not extend to the trial of criminal offences against
the law of bankruptcy, insolvency or the winding up of companies.

(4) The Master and Registrar when acting in the Bankruptcy Division shall have
all the powers and privileges of the judges.

(5) Several sittings of the Bankruptcy Division may be held concurrently for the
despatch of business.

Amended by [Act No. 29 of 1992]

63. Judge of Bankruptcy Division

(1) Where in any enactment dealing with bankruptcy and insolvency, the expressions
“Master", "Court", “Judge" or “Judge in Bankruptcy" are used, they shall mean the Registrar sitting
as a judge of the Bankruptcy Division of the Supreme Court, or a judge exercising jurisdiction in
the Bankruptcy Division of the Supreme Court, and any jurisdiction exercisable under any such
enactment by the Registrar in Chambers shall be exercised by a judge in Chambers.

(2) Where in any enactment dealing with bankruptcy or insolvency the words
"Bankruptcy Court" or 'Court" are used, they shall mean the Bankruptcy Division of the Supreme
Court.

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64. Custody of records

All records and other documents in matters relating to insolvency, bankruptcy and winding
up of companies shall be kept in the Registry.

65. Registrar of the Bankruptcy Division

The Chief Clerk and such other clerk of the Registry as the Chief justice may appoint, shall
act as Registrar of the Bankruptcy Division, and all warrants, orders or proceedings issued by that
Division shall be under the seal of the Supreme Court and under the hand of the officer so acting
as Registrar.

Amended by [Act No. 29 of 1992]

66. Registrar may tax costs

The powers as Registrar of the Bankruptcy Division, of the Chief Clerk or of any other clerk
or clerks of the Registry, shall include that of taxing costs and of doing any other act, or issuing
any order appertaining to the function of Registrar in Bankruptcy, or which it would be the duty of
the Registrar to do or to issue in his capacity of Registrar.

67. Power to make rules

The Judges may make rules regulating the procedure in insolvency, bankruptcy, and
winding up and specifying the fees and costs to be taken and allowed in court and at Chambers,
and for the distribution of business in the Bankruptcy Division.

68. Attendance of ministère public

Where the court or any judge certifies by writing that the attendance in court of any law
officer, as representing the ministère public, is essential to the proper administration of justice in
any case -

(a) where the State or the public revenue is concerned;

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 (b) where the civil status of any person, or the guardianship of any minor or
interdicted person is concerned,

the Attorney-General or any other law officer duly authorised by him may
appear as a party to the case and give his conclusion thereon.

Amended by [Act No. 48 of 1991]

68A. Reference to ministère public optional

Notwithstanding anything to the contrary in article 83 of the Code de Procédure Civile, it

shall no longer be necessary for the Supreme Court, or a judge, before giving judgment or making
an order in any cause or matter mentioned in that article to refer such cause or matter to the
ministère public for conclusions, but in any such cause or matter, the Supreme Court or a judge
may request the minist6re public to give conclusions.

Sub-Part V - The appellate jurisdiction of the Supreme Court

69. Appellate jurisdiction of the Supreme Court

(1) Subject to any other enactment, the Supreme Court shall have full power
and jurisdiction to hear and determine all appeals, whether civil or criminal,
made to the court from -

(a) a judge in the exercise of his original jurisdiction;

(b) -

(c) the Bankruptcy Division;

(d) the Registrar;

(e) the Intermediate Court;

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 (f) the Industrial Court;

(g) a Magistrate;

(h) any other court or body established under any other enactment.

(2) An appeal to the Supreme Court under any of the enactments set out in the
First Schedule shall be dealt with in the same manner as an appeal from a
Magistrate pursuant to the District and Intermediate Courts (Civil
Jurisdiction) Act, but the appellant shall not be required to furnish security.

(3) (a) Every appellant shall, not less than, 45 days before the date of the
hearing of the appeal, serve on the other parties to the appeal and
lodge in the Registry, in such form and manner as may be
prescribed by rules of Court, skeleton arguments and submissions
on the grounds of appeal.

(b) Every other party to an appeal shall, not less than 30 days before the
date of the hearing of the appeal, serve on the other parties to the
appeal and lodge in the Registry, in such form and manner as may
be prescribed by rules of Court, skeleton arguments and
submissions on the grounds of appeal.

(c) Where any appellant or party to an appeal does not comply with any
of the provisions of paragraph (a) or (b), the Court may make -

(i) such order as to costs as it thinks fit; or

(ii) a wasted costs order.

Repealed and Replaced by [Act No. 15 of 2000]

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 (4) (a) Where, pursuant to any enactment, a person may appeal to the
Supreme Court against a decision of a Court or body specified in
subsection (1), the notice of appeal shall contain a warning to the
party on whom it is served to the effect that he shall, if he wishes to
resist the appeal, comply with paragraph (b).

(b) Every person who is served with a notice of appeal and who wishes
to resist the appeal shall, not later than 2 months after the date of
service, serve on the appellant and file in the Registry a notice of his
intention so to do.

(c) Any person on whom notice of appeal is served and who fails to
comply with paragraph (b) shall be deemed to have elected not to
resist the appeal.

Amended by [Act No. 29 of 1992]; [Act No. 15 of 1994]; [Act No. 15 of 2000]

70. Appeals to be heard before at least 2 judges

Save as otherwise expressly provided in any other enactment, appeals to the Supreme
Court shall be heard before at least 2 judges.

70A. Appeals to the Judicial Committee in criminal matters

An appeal shall lie from final decisions of the Court of Appeal or of the Supreme Court to
the Judicial Committee in criminal cases where, in the opinion of the Court, the question involved
in the appeal is one that, by reason of its great general public importance or otherwise, ought to be
submitted to the Judicial Committee.

Amended by [Act No. 29 of 90]; [Act No. 48 of 1991]

70B. Frivolous appeals

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 Notwithstanding any other enactment, where an appeal is made to the Supreme Court in a
civil case and the court is satisfied that the appeal is frivolous or is an abuse of its process, it may
order that interest on the judgment debt be paid at 15 per cent or such other rate as may be
prescribed by Rules of Court made by the judges.

Amended by [Act No. 15 of 1994]

Sub-Part VI - Jurisdiction in Chambers of judges

71. Matters disposed of by judge in Chambers

(1) Subject to subsection (2), applications for or concerned with or in respect to

any matter specified in this section and any matter connected therewith
may, subject to the discretion of the judge in any particular case to refer
them to the court, be finally disposed of at Chambers by a judge's order,
which order shall be a sufficient authority to the Registrar to issue thereon a
rule of court de piano

(a) applications to be let into possession of the unadMinistèred property

and rights of a party deceased or absent (envoi en possession);

(b) applications for affirmative declaration;

(c) applications for cancellation or reduction of mortgage inscriptions;

(d) applications for removal of seizures;

(e) applications for the validity or nullity of attachments;

(f) applications for partitions of property;

(g) -

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 (h) applications for admission of a relinquishment of immovable
property;

(i) applications touching absent persons under article 115 of the Code
Napoléon;

(j) -

(k) applications for homologations of compromises (transactions) under

article 441 of the Code Napoléon;

(l) applications for nomination of surveyors, appraisers, skilled

witnesses (experts).

(2) In applications under subsection (1) (c), (d), (e) or (f), no order shall be
made by a judge in Chambers, where a party to the application objects.

72. Repealed

73. Power to grant an injunction

A judge may, whether in term time or in vacation, grant an injunction subject to a motion to
the court to set aside the injunction, and the court may then set aside or modify it.

74. Rule or summons to show cause

Where a party seeks to obtain a rule or summons to show cause, he shall apply to the
Master and Registrar who may issue the rule or summons and make it returnable before the judge
in Chambers.

Amended by [Act No. 29 of 1992]; [Act No. 20 of 1993]

75. Record of judge's orders made in Chambers

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 (1) (a) The date and nature of every order made by a judge in Chambers
shall be recorded in a book kept for that purpose at the Judge's
Chambers.

(b) The orders shall be exempted from registration in the office of the
Registrar-General.

(2) The order may be written on unstamped paper.

Amended by [Act No. 3 of 1985]

76. Judges may issue warrant or summons

A Judge may issue a summons or warrant of arrest in the case of any offence
committed within the jurisdiction of the Supreme Court and in such case the judge
shall order the offender to appear or to be taken before the nearest Magistrate.

76A. Time for appeal

(1) Any person who wishes to appeal to the Supreme Court against any order,
decision or judgment of a judge at Chambers in any matter in which an
appeal lies, shall, unless otherwise expressly provided, lodge his appeal in
the Registry and serve notice of the appeal on the other party or parties to
the case within 21 days from the date of the order, decision or judgment.

(2) Section 69 (4) shall apply to an appeal under subsection (1).

Amended by [Act No. 29 of 1992]; [Act No. 15 of 1994]

Sub-Part VII – Miscellaneous

77. Summons to witness

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 (1) Any person summoned to appear or to produce any
document or exhibit required to be produced by the summons who –

(a) is served with such summons and refuses or

neglects, without sufficient cause, to –

(i) appear; or

(ii) produce any document or exhibit required to

be produced by the summons;

(b) appears in answer to the summons and, on being

required to give evidence, refuses to –

(i) be sworn or affirmed, or to make a solemn

declaration, as the case may be; or

(ii) give evidence,

shall be liable to be committed to prison for a period not exceeding 2 years

and be inflicted a fine not exceeding 100,000 rupees, by the Court before
which the default or refusal occurs.

(2) Any person not appearing when duly served with a

summons may, by warrant under the hand of a Judge, be arrested and
brought before him to give evidence.

78. Witnesses heard on oath

Any person who, when heard as a witness before the Supreme Court, gives false
evidence shall commit an offence and shall, on conviction, be liable to imprisonment for a
term not exceeding 5 years and to a fine not exceeding 200,000 rupees.

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 Added by [Act No. 3 of 2018]

77-79. Repealed by [Act No. 29 of 1992]

PART III - INTERMEDIATE COURT AND DISTRICT COURTS

Sub-Part I - Constitution of the Intermediate Court and District Courts

80. Establishment of Intermediate Court

(1) There shall be an Intermediate Court which shall be a court of record and which
shall have civil and criminal jurisdiction in all districts in such cases and matters and to such
extent as are provided in this Part.

(2) For the purposes of section 5(1), the civil jurisdiction of the Intermediate Court shall
extend to Rodrigues.

Amended by [Act No. 4 of 1999]

80A. Divisions of Intermediate Court

(1) There shall be, for the despatch of civil business and criminal business of the
Intermediate Court, such divisions of the Intermediate Court as the Chief Justice thinks fit,
including a Criminal Division, a Civil Division, and a Financial Crimes Division, of the
Intermediate Court.

(2) Notwithstanding any other enactment, the Chief Justice may, for the proper
administration of justice, determine the jurisdiction of any division of the Intermediate Court
and may direct that any case before a division of the Intermediate Court be transferred to,
and heard by, another division of the Intermediate Court.

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 (3) Where a Magistrate is assigned to a division of the Intermediate Court, his tenure
as Magistrate of the Intermediate Court shall not be affected and the Magistrate shall have
full power to hear and determine any case within the jurisdiction of the Intermediate Court.

(4) No act done by a Magistrate shall be void or impeachable by reason that a case
should have been heard by a division of the Intermediate Court other than that to which he
has been assigned to.

Added by [Act No. 9 of 2020]

80B. Criminal Division of Intermediate Court

There shall be a Criminal Division of the Intermediate Court which shall have jurisdiction to
try any criminal matter which the Director of Public Prosecutions may refer to it pursuant to section
112.

Added by [Act No. 9 of 2020]

80C. Civil Division of Intermediate Court

There shall be a Civil Division of the Intermediate Court which shall have jurisdiction in
all civil cases pursuant to Sub-part II of Part III.

Added by [Act No. 9 of 2020]

80D. Financial Crimes Division of Intermediate Court

(1) There shall be a Financial Crimes Division of the Intermediate Court which shall,
subject to this section, have jurisdiction to hear and determine a financial crime offence.

(2) Where a person commits a financial crime offence, the Director of Public
Prosecutions may, in his discretion, determine that the information relating to the offence
shall be laid before the Financial Crimes Division of the Supreme Court or the Financial
Crimes Division of the Intermediate Court.

(3) In exercising his discretion under subsection (2), the Director of Public Prosecutions
may have regard to whether the offence –
(a) has international ramifications;

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 (b) involves complex sequence of bank transfers or commercial transactions;

(c) involves complex ownership, company and proxy structures; or

(d) is one in which the offenders may be engaged in cybercrime or computer-

based fraud involving money held in the form of virtual currency.

(4) This section shall not affect the jurisdiction of any other competent Court in respect
of a financial crime offence.

(5) In this section –

“financial crime offence” –

(a) means an offence committed under an enactment specified in the Sixth

Schedule; and

(b) includes any other offence which is connected or ancillary to an offence

committed under an enactment specified in the Sixth Schedule.

Added by [Act No. 9 of 2020]

81. President and Magistrates of the court

(1) The Intermediate Court shall consist of a President, to be known as the

President of the Intermediate Court, and such number of Magistrates as
may be established under the Civil Establishment Act, to be known as
Magistrates of the Intermediate Court.

(2) Notwithstanding subsection (1), a temporary Magistrate of the Intermediate

Court may be appointed when and as often as, in the opinion of the Chief
Justice, his appointment is required.

(3) The Chief Justice may direct that any civil case lodged before the
Intermediate Court in Rodrigues.
(4) For the purposes of subsection (3), the Chief Justice may –
(a) direct one or more Magistrates to try the case;
(b) designate a clerk who shall have the same powers and duties in
relation to the case as those of the Head Clerk

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 of the Intermediate Court.
(5) Any Magistrate under subsection (4) shall have the same powers and
jurisdiction as those conferred on a Magistrate of the Intermediate Court.

Amended by [Act No. 4 of 1999]

82. Sittings of Intermediate Court

(1) The Intermediate Court shall hold its sittings at such place, on such days
and at such time as the Chief Justice may direct.

(2) Where the Intermediate Court adjourns any proceedings before the court, it
may resume them at such place or time as it may determine.

83. Seal of Intermediate Court

The Intermediate Court shall have a seal and all warrants, summonses and other process
required to be under seal and issuing out of the court shall be sealed with the seal.

84. Audience before Intermediate Court

In any proceeding before the intermediate Court, any of the following persons may
address the court -

(a) any party to the proceedings with the leave of the court;

(b) a person who is authorised to do so pursuant to the Law Practitioners Act

1984.

Amended by [Act No. 46 of 1988]

85. Proceedings before Intermediate Court

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 (1) Subject to subsections (2) and (5), the hearing of every case before the
Intermediate Court shall take place before one Magistrate;

Amended by [Act No. 4 of 1999]; [Act No. 30 of 2003]

(2) The President of the Intermediate Court may, either proprio motu or on
application in writing made to him by any party to a case stating the reasons
for such application, direct that any case shall be heard by 2 or more
Magistrates, having regard to the magnitude of the interests at stake or the
importance or intricacy of the questions of fact or law involved.

Amended by [Act No. 4 of 1999]

(3) except where the case is heard before one Magistrate, the decision of the
Intermediate Court shall –

(a) where the court is composed of 2 Magistrates, be the unanimous

decision of the Magistrates;

(b) where the court is composed of 3 Magistrates, be the unanimous

decision, or the decision of the majority, of the Magistrates.

(4) Where the Intermediate Court is composed of 2 Magistrates and there is a

difference of opinion between them, the trial shall be started anew before 3
Magistrates.

(5) Where a person is prosecuted for an offence of rape under section 249(1) of
the Criminal Code, the case shall be heard by -Magistrate, or
Where the President of the Intermediate Court so directs, more than 2
Magistrates.

Amended by [Act No. 46 of 1988]; [Act No. 20 of 1993];

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 [Act No. 4 of 1999]; [Act No. 30 of 2003]

86. Cases coming for mention

(1) Where a case before the Intermediate Court comes for mention or has, for any
reason, to be adjourned, the proceedings may take place before, one Magistrate, who may take
and record the plea of an accused party or the pleadings of a party in a civil suit.

Amended by [Act No. 4 of 1999]

(2) Where a criminal case is adjourned under subsection (1), the Magistrate adjourning
the case may remand any accused party or may take or enlarge bail for his appearance.

(3) Where in a civil matter the plaintiff or the defendant or both of them do not appear,
one Magistrate may exercise any of the powers specified in section 15 or 16, as the case may be,
of the District and Intermediate Courts (Civil Jurisdiction) Act.

Amended by [Act No. 46 of 1988]; [Act No. 4 of 1999]

87. Documents and the Intermediate Court

Any information, warrant, summons or other process required to be laid before, issued or
authenticated by, the Intermediate Court may be laid before, issued or authenticated by, any
Magistrate of the Intermediate Court.

88. Minutes of trials

(1) Subject to subsection (3), the minutes of evidence and the proceedings in any
criminal trial shall be recorded by any Magistrate of the intermediate Court and it shall not be
necessary that the minutes be recorded throughout by the same Magistrate.

Amended by [Act No. 28 of 1999]

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 (2) The minute of every unanimous judgment shall be signed by all the
Magistrates and, if the judgment is not unanimous, each Magistrate shall
sign the minute of his judgment.

(3) The evidence and proceedings in any criminal or civil case before the
Intermediate Court may be recorded by tape or other technological means.

Amended by [Act No. 28 of 1999]

89. Head Clerk

The senior officer attached to the Intermediate Court shall be known as the Head Clerk but
any other officer attached to the court shall have the same powers as the Head Clerk and may
perform any act which the law requires the Head Clerk to perform.

90. Issue of process and other documents

(1) The Head Clerk shall issue all warrants, summonses or any other process
and shall register all orders and judgments.

(2) The Head Clerk shall keep such books for such purposes as the Chief
Justice may direct.

91. Custody of records

(1) The Head Clerk shall have the custody of all records of the Intermediate
Court.

(2) The Head Clerk shall cause notice of all claims, informations, warrants and
summonses and of all orders, judgments and executions and of all
proceedings to be entered in a book which shall be kept at the Intermediate
Court.

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 (3) Any entry in a book kept under subsection (1), or a copy of the entry
purporting to be signed and certified as a true copy by the Head Clerk, shall
in any proceedings in any court, be admitted, without further proof as
evidence of the entry and of the proceedings to which it refers and of the
regularity of such proceedings.

92. Other duties of Head Clerk

The Head Clerk shall have such other duties as may be assigned to him.

93. Establishment of District Courts

(1) There shall be a court in every district to be known as a District Court, which
shall be a court of record and which shall have civil and criminal jurisdiction
in such causes and matters and to such extent as are provided in this Part.

(2) The Chief Justice may, by regulations, declare that any District Court shall
sit in 2 or more divisions and may determine the name by which every
division' shall be known.

(3) The Chief Justice may, by Order, direct that a District Court shall have
jurisdiction in respect of any part of another district.

Amended by [Act No. 20 of 1993]

94. District Magistrates

A District Court shall be presided by a Magistrate to be known as a District Magistrate.

95. Sittings of District Court

A District Court shall hold its sittings at such place, on such days and at such times as the
Chief Justice may direct.

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96. Seal of District Court

A District Court shall have a seal and every warrant, summons, or other process required
to be under seal and issuing out of the court shall be sealed with the seal.

96A. Audience before District Court

In any proceedings before a District Court, any of the following persons may address the
Court –

(a) any party to the proceedings with the leave of the Court;
(b) any person who is authorised to do so pursuant to the Law
Practitioners Act.

Amended by [Act No. 4 of 1999]

97. Jurisdiction of District Magistrates

(1) Every District Magistrate shall have jurisdiction in every district, but the Chief
Justice may direct that a District Magistrate shall have special charge of a District Court or, as the
case may be, of any of its divisions.

(2) The Chief Justice may assign the Island of Rodrigues or any other island forming
part of the Republic of Mauritius to any Magistrate who shall have and exercise therein the same
rights, duties, powers and jurisdiction as a District Magistrate in the Island of Mauritius and shall, in
addition, perform such administrative or other duties as may, with the consent of the Chief Justice,
be assigned to him.

(3) Any assignment or direction under this section shall be signified in writing to the
Magistrate by the Master and Registrar.

(4) For the purposes of this section, Round island, Flat Island and Gabriel Island shall
be deemed to be part of the district of Rivière du Rempart.

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 Amended by [Act No. 20 of 1993]

98. District Clerk

The senior officer attached to a District Court shall be known as a District Clerk but any
other officer attached to that court shall have the same powers as the District Clerk and may
perform any act which the law requires the District Clerk to perform,

99. Issue of process and other documents

(1) The District Clerk shall issue all warrants, summonses or any other process
and shall register all orders and judgments.

(2) The District Clerk shall keep such books for such purposes as the Chief
Justice may direct.

100. Custody of records

(1) The District Clerk shall have the custody of all records of the District Court to
which he is attached.

(2) The District Clerk shall cause notice of all claims, informations, warrants and
summonses and of all orders, judgments and executions and of all other
proceedings, to be entered in a book which shall be kept at the District
Court.

(3) Any entry in a book kept under subsection (1), or a copy of it purporting to
be signed and certified as a true copy by the District Clerk, shall, in any
proceedings before any court, be admitted, without further proof, as
evidence of the entry and of the proceedings to which it refers and of the
regularity of such proceedings.

101. Other duties of District Clerk

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 A District Clerk shall have such other duties as may be assigned to him.

102. Change of venue

(1) (a) Any Judge may, upon the application by or on behalf of the Director of
Public Prosecutions, any District Magistrate or any private party to any cause or matter,
civil or criminal, pending before a District Court, order, if he is satisfied that the interests of
justice so require, that the venue of the cause or matter be transferred from that District
Court to any other District Court.

(b) No change of venue shall be authorised if the trial of any cause or

matter has begun on the merits.

(2) Any Judge's order under subsection (1) shall be subject to such conditions
as the judge thinks fit to impose and shall be final and conclusive.

(3) Any District Magistrate shall, on receiving notice of a judge's order under
subsection (1), stay all proceedings in relation to the cause or matter
referred to in the order and shall forward the original warrants, informations,
plaints, summonses, process or other documents before him to the District
Court to which the cause or matter has been transferred.

(4) The warrants, informations, plaints, summonses, process or documents

forwarded to a District Court under subsection (3) shall be deemed to have
been issued, received or entered in the District Court to which they have
been forwarded.

103. Errors as to venue

No act done by or under the authority of a District Magistrate shall be void or impeachable
by reason that the act was done in respect of or in relation to any offence, cause or matter which
occurred or arose beyond the limits of the district to which he has been assigned.

Amended by [Act No. 20 of 1993]

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 Sub-Part II - Jurisdiction of Intermediate and District Courts

104. Civil jurisdiction

(1) Subject to this Part, the Intermediate Court or a District Court shall have
jurisdiction in all civil cases where the sum or matter in dispute, whether in
balance of account or otherwise, does not exceed the prescribed amount,
exclusive of interest and costs.

(2) The jurisdiction conferred upon the intermediate Court or a District Court by
subsection (1) shall include the power to make such orders and to issue
such warrants or other process as may be necessary for the enforcement of
the rights of the parties and no order made or warrant or process issued
under this subsection shall be deemed invalid by reason only that it is in the
nature of a mandatory injunction or other equitable remedy.

(3) Orders in the nature of an injunction and all orders within the competence of
the Intermediate Court or a District Court, as the case may be, which, if they
were made in an action or matter in the Supreme Court, could in that court
be enforced by attachment or committal, may be enforced by order of the
Intermediate Court or District Court, as the case may be, by attachment or
committal.

104A. Small claims jurisdiction

Notwithstanding any other enactment, a District Court shall have jurisdiction in any civil
action, where the sum claimed or matter in dispute does not exceed 100, 000 rupees and the case
has been lodged under Part IIA of the District and Intermediate Courts (Civil Jurisdiction) Act, to
hear and determine the action in accordance with the procedure set out under that Part.

Amended by [Act No. 4 of 1999]; [Act No. 11 of 2018]

105. When jurisdiction not ousted

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 (1) The jurisdiction of the Intermediate Court or a District Court shall not be
ousted if, in order to adjudicate upon a claim within its jurisdiction, it has to
decide upon a right to or contract concerning money or property exceeding
the prescribed amount.

(2) Where a claim is made to goods seized in execution of a judgment and the
value of the goods does not exceed the prescribed amount, the Intermediate
Court or a District Court, as the case may be, shall have jurisdiction to
entertain the claim even if the goods have been seized in execution of a
judgment of the Supreme Court, provided the claim is made within such
period and in such form as may be prescribed by rules of court.

106. Action by landlord

(1) The Intermediate Court or a District Court shall have jurisdiction in any
action by a landlord to obtain cancellation of a lease, with or without
damages, or to recover possession of real property from a tenant or
occupier, including an action where the value of the property exceeds the
prescribed amount.

(2) Where the yearly rent or rental value of the property does not exceed the
prescribed amount and the sum claimed for damages, if any, and for rent do
not together exceed the prescribed amount, the cancellation of any lease,
damages and possession of real property from a tenant or occupier may be
claimed in the same plaint in which rent is claimed.

(3) This section shall not affect the operation of the Landlord and Tenant Act
1999.

Amended by [Act No. 6 of 1999]

107. Alimony

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 (1) A District Court shall have jurisdiction in actions, for payment of alimony by
a wife against her husband, or in a case where the law gives a right to an
alimony.

(2) Notwithstanding any other enactment relating to the attachment of salaries

or pensions, a District Court may, in execution of its judgment under this
section, issue an attachment against any portion of any salary or pension of
which the defendant may be in receipt.

108. Possessory actions

(1) A District Court shall have jurisdiction in possessory actions concerning any
land, premises, runs of water or other immovable property or any other
rights arising out of immovable property including actions where the value of
the property or right exceeds the prescribed amount if -

(a) the plaintiff claims to be maintained or restored to the quiet

enjoyment and possession of the property or rights;

(b) the possessory action is entered within one year from the imputed
trespass; and

(c) the plaintiff has been in quite possession for at least one full year
before the imputed trespass.

(2) In any possessory action damages not exceeding the prescribed amount
may also be claimed.

(3) Notwithstanding article 25 of the Code de Procédure Civile, where the value
of the property or right in relation to which a possessory action is brought
does not exceed the prescribed amount, the District Court may, if the issue
of ownership is raised, adjudicate on it.

109. Powers of Magistrate under Codes

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 A District Magistrate shall have all the powers vested by the Code Napoléon and
the Code de Procédure Civile in all matters relating to the apposition and removal of
seals.

110. Security for costs

Any court may, on the application of the defendant, in any cause or matter, require the
plaintiff to give security for costs in all cases in which under the Code Napoléon security may be
required or where the plaintiff is known to be insolvent.

111. Jurisdiction taken away in certain cases

(1) The Intermediate Court or a District Court shall have no jurisdiction in any
action or suit for divorce, judicial separation, interdiction of persons, or in
matters of bankruptcy, or in any action where the civil status of any person,
or any right of an inheritance, or any right arising out of a contract of
marriage or the ownership or usufruct of immovable property or servitude
thereon of a value exceeding the prescribed amount is in question, or where
the validity of any will or other testamentary instrument, or any donatio inter
vivos is disputed.

(2) The Intermediate Court shall have no jurisdiction in actions for payment of
alimony or possessory actions.

112. Criminal jurisdiction of Intermediate Court

The Intermediate Court shall have jurisdiction to try any of the following criminal matters
which the Director of Public Prosecutions may refer to it -

(a) any offence which a District Magistrate has jurisdiction to try;

(b) any offence triable in Rodrigues or any island under the jurisdiction of the
State of Mauritius other than the Island of Mauritius;

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 (c) any offence specified in section 117;

(d) any offence under sections 104, 122, 123(2), 228 (3) and (4), 235, 239 (1),
249(1), (4) and (5), 251, 257, 283, 284, 291 and 346 of the Criminal
Code;(e) any offence under the Forests and Reserves Act 1983;

(e) any offence declared triable by the Intermediate Court under any other
enactment.

Amended by [Act No. 26 of 1991]

113. Penalties

(1) Subject to subsection (2), the Intermediate Court shall have jurisdiction to
inflict the penalties and forfeitures specified in the law applicable to the
offence charged.

(2) (a) Subject to paragraph (b) and any other enactment, the Court shall
not award against any person penal servitude for more than 15 years
or imprisonment for more than 10 years.

(b) In the case of a persistent offender, if the court is satisfied that, by

reason of his previous conduct and of the likelihood of his committing
further offences, it is expedient to protect the public from him for a
substantial period, the court may increase the sentence to 20 years
penal servitude.

(3) For the purposes of subsection (2) -(a) "Persistent offender" means any
person who -

(i) commits any offence listed in the Second Schedule,' in this Act
referred to as a scheduled offence, before the expiration of 3 years
from his previous conviction for a scheduled offence or from his final

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 release from prison after serving a sentence passed on such
conviction, whichever is the latter; or

(ii) has been convicted of a scheduled offence on at least 3 previous

occasions since he has attained the age of 21 and has, on those 3
previous occasions, received sentences the total length of which was
not less than 10 years;

(b) a certificate purporting to be signed by the Commissioner of Prisons

regarding the date of final release from prison of an offender shall be
sufficient evidence of the facts therein stated without proof of his
handwriting.

Amended by [Act No. 5 of 1985]; [Act No. 29 of 1992]; [Act No. 36 of 2008]

114. Criminal jurisdiction of District Courts

(1) Subject to subsection (2), every District Court before whom any person is charged
with having committed an offence, not being one of the offences mentioned in section 116, shall
have power and jurisdiction to hear, try and determine the charge and all questions of fact and law
arising in the case and to convict the person, and on conviction, to award against him any
penalties not exceeding the maximum penalties applicable to the offence of which the person is
convicted.

(2) A District Court shall not award against any person, imprisonment with or without
hard labour for more than 5 years, and a fine exceeding 100,000 rupees.

Amended by [Reprint No. 7 of 1986]; [Act No. 5 of 1999]; [Act No. 36 of 2008]

115. Preliminary inquiry by Magistrate

Where upon the hearing of an offence within his jurisdiction, the Magistrate is of opinion
that the offence deserves a punishment which is beyond his jurisdiction or that the evidence

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discloses another offence which is not within his jurisdiction, the Magistrate may, refer the matter
to the Director of Public Prosecutions who, in accordance with section 3(1A) of the Criminal
Procedure Act, may, at his sole discretion, decide whether or not a preliminary inquiry shall be
held before the person is made to stand trial before the appropriate Court.

Amended by [Act No. 18 of 2011]

116. Matters excluded from summary jurisdiction

A District Magistrate shall have no jurisdiction to convict, but shall proceed to hold a
preliminary inquiry and, if necessary, to commit for trial in accordance with the law relating to
preliminary inquiries and commitment for trial if an accused is charged with any of the following
offences -

(a) offences under sections 50 to 79, 82, 83, 86, 88 to 91, 100 (1), 101, 102,
104,122 to 131, 215 to 223, 228 (3),and (4), 234, 235, 236 (1) and (2), 239
(1), 249(1) and (4), 251, 257, 259, 276 to 281 (where the offence is
committed before the Supreme Court), 2,83, 284, 291, 346 and 347 of the
Criminal Code;

(b) attempts at or complicity in offences excepted from the jurisdiction of the

Magistrate;

(c) offences which, under any other enactment, are punishable by death or
penal servitude for life, or are excluded from the jurisdiction of the
Magistrate.

117. Referral of cases by Director of Public Prosecutions

Notwithstanding section 116, where a person is charged with any of the offences provided
for by sections 77, 79, 124, 126, 127, 128 and 214 of the Criminal Code, the Director of Public
Prosecutions may either before or after commitment of the accused, authorise the Magistrate to
entertain the case and to proceed to adjudication thereon, and thereupon the Magistrate may try,
acquit or convict the person charged with the offence.

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118. Further powers of District Magistrates

(1) A District Magistrate may, and may be required to, even in a district which
has not been assigned to him -

(a) issue a warrant to apprehend a party charged, or a search warrant;

(b) take bail for the appearance of a party arrested before the proper
court;

(c) take and receive any dying declaration;

(d) take and receive the deposition of a witness in the presence of a

party charged with any offence specified in section 116;

(e) order the performance of a post mortem examination, and, for the
purpose of such examination, order the body of a person which has
already been interred to be disinterred.

(2) Any act done under subsection (1) shall be as valid as if it has been done by
a Magistrate to whom the district in which the act is done has been
assigned.

(3) Nothing in this section shall authorise a Magistrate to hear a case or to

make an inquiry in any district which has not been assigned to him.

Sub-Part III - Miscellaneous

119. Qualifications of Magistrates

No person shall be eligible for appointment to the office of Magistrate unless he is a

barrister admitted to practise and has at least 2 years standing at the bar.

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 Amended by [Act No. 41 of 1991]; [Act No. 6 of 1993]

120. Disqualification from holding other office

Except with the permission of the Chief Justice, no Magistrate shall, with or without
remuneration, hold any office other than that of Magistrate and perform any duties other than
those relating to his office.

121. Control of Magistrates

Every Magistrate shall, for administrative purposes, be subject to the direction and control
of the Chief Justice.

122. Control of Intermediate and District Courts

Subject to section 121, the Intermediate Court shall be under the control and supervision of
the President of the Intermediate Court and every District Court shall be under the control and
supervision of the District Magistrate to whom the Chief Justice has assigned its special charge.

123. Reports to Chief Justice

The Chief Justice may, where he thinks fit so to do, require any Magistrate to furnish to him
in such form as he may direct, a report on any case, civil or criminal, brought before the Magistrate
and may call for the record of any such case.

124. Replacement of Magistrates

(1) Subject to the Constitution, where a magistrate is, by reason of illness,

challenge or for any other reason incapable of acting the Chief Justice may
direct another magistrate to replace him.

(2) In this section, 'magistrate' means a magistrate of the Industrial or

Intermediate Court, a Senior District Magistrate or a District Magistrate.

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 Amended by [Act No. 46 of 1988]; [Act No. 29 of 1990]

125. Challenge

(1) No challenge shall be allowed against a Magistrate save on the ground of

personal interest in any cause or matter brought before him or of his being
related to one of the parties in the suit by blood or marriage, either in the
direct line or in the collateral line to the degree of first cousin inclusively.

(2) Any challenge against a Magistrate shall be deposited at the registry of the
court where the Magistrate sits and the Magistrate against whom the
challenge is made shall either accept the challenge or set down in writing
the reasons for not abstaining from hearing the cause or matter.

(3) Where a Magistrate does not abstain from hearing a cause or matter upon a
challenge made against him, the reasons in answer to the challenge as set
down in writing under subsection (2) shall be transmitted to the Registrar for
submission to a judge in Chambers.

(4) The Judge in Chambers shall determine the question of challenge

summarily, in the absence of the parties and, where the challenge is not
admitted, may award costs not exceeding 50 rupees against the party
having made the challenge.

(5) Where a Magistrate considers that he should abstain from hearing a cause
or matter, he shall give notice of his reason to the Chief Justice who shall
adjudicate on it and make an order accordingly.

126. Reservation of questions of law

(1) Without prejudice to the right of appeal conferred by any enactment, the
Intermediate Court or any District Court may state a case for the opinion of
the Supreme Court on any question of law which may arise on the trial of

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 any civil suit or matter and may adjudicate on it subject to the opinion of the
Supreme Court.

(2) The Supreme Court may after hearing the interested parties, determine any
question of law on a case stated under subsection (1) for its opinion.

127. Contempt

(1) Where any person wilfully insults a Magistrate, the usher or any officer of a
court during a sitting of, or while in attendance in, the court or wilfully
interrupts the proceedings of the court or otherwise misbehaves in court,
any usher or officer of the court may, with or without assistance from any
person, by order of the court, take the person into custody and detain him
until the sitting of the court ends.

(2) The court may commit any person as is mentioned in subsection (1) to prison for a period not
exceeding 7 days or may impose upon him a fine not exceeding 25,000 rupees and, in a
default of payment, may commit him to prison for a period not exceeding 7 days unless the fine
is sooner paid.

Amended by [Act No. 3 of 2018]

128. Summonses to witnesses

(1) Any party to a civil or criminal case, inquiry or other proceeding may obtain
at the registry of the Intermediate Court or the District Court, as the case
may be, summonses to witnesses, with or without a clause requiring the
production of books, deeds, papers or writings in their possession, and in
any such summons any number of names may be inserted.

(2) Any person summoned to appear or to produce any document or

exhibit required to be produced by the summons who –

(a) is served with such summons and refuses or

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 neglects, without sufficient cause, to –

(i) appear; or

(ii) produce any document or exhibit required to

be produced by the summons;

(b) appears in answer to the summons and, on being

required to give evidence, refuses to –

(i) be sworn or affirmed, or to make a solemn

declaration, as the case may be; or

(iii) give evidence,

shall be liable to be committed to prison for a period not exceeding 2 years and be inflicted a
fine not exceeding 100,000 rupees, by the Court before which the default or refusal occurs
(3) Any person not appearing when duly served with a summons may, by
warrant under the hand of the Magistrate, be arrested and brought before
him to give evidence.

(4) (a) In the case of any prosecution entered by any public officer acting in
the discharge of his duties, any officer of the department to which the
officer belongs, whose attendance as a witness is required may be
served by any other officer of the same department, duly authorised
to that effect by the head thereof, with a notice in writing to attend
court.

(b) The notice, duly signed or initialled by the witness, with the return of
service duly entered thereon, shall be the equivalent, to all intents
and purposes, of a summons served by an usher.

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 Amended by [Act No. 20 of 1993]; [Act No. 4 of 1999]; [Act No. 3 of
2018]

129. Examination of witnesses

Any witness heard in any proceeding before a court shall be heard upon oath, and
maybe examined, cross-examined and re-examined in accordance with the law of
evidence.

Amended by [Act No. 20 of 1993]

130. Evidence outside court

Where any person cannot appear before the Intermediate Court or a District Court
through illness or other lawful impediment and it appears to the court that it is
necessary in the interests of justice to do so, the court may, on giving adequate
notice to interested parties, proceed to any place to examine that person upon his
personal answers or to give his evidence upon oath.

131. Language to be used

(1) The language to be used in the Intermediate Court or in any District Court
shall be English, but any person may address the court in French.

(2) Where any person who is required to give evidence, satisfies the court that
he does not possess a competent knowledge of English or French, he may
give his evidence in the language with which he is best acquainted.

(3) Where any person gives evidence in a language other than English or
French, the proceedings shall, if the court so directs, be translated.

132. Interpreters

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 Any person appointed to act as interpreter at the intermediate Court or any District
Court may, in addition to his duties as interpreter, be assigned such other duties as
the Magistrate having the supervision of the court may determine.

133. Absence of Magistrate

(1) Where the Intermediate Court or a District Court is unable to sit on any day
appointed and no Magistrate is in attendance, the Head Clerk of the
Intermediate Court or the District Clerk, as the case may be, may adjourn
the hearing of any case fixed for that day to any subsequent day and the
order shall, for all intents and purposes, be the equivalent of an order of
adjournment by a Magistrate.

(2) Where a criminal case is adjourned under subsection (1), the order of
adjournment may provide for the remand of any accused party or for the
taking or enlargement of bail for his appearance.

134. Repealed by [Act No. 39 of 2011]

Amended by [Act No. 18 of 2011]

135. Error and certiorari taken away

(1) Subject to subsection (2), no judgment, order, or determination, given or

made by any court, nor any cause or matter brought or pending before him,
shall be removed by appeal, motion, writ of error, certiorari or otherwise into
any other court, save and except in the manner and in accordance with the
law governing appeals.

(2) Repealed by [Act No. 27 of 2006]

136. Transfer of proceedings

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 (1) In any action commenced in the Supreme Court, the court may at any time,
on application made in that behalf by any party by way of motion, make an
order that the claim and counterclaim, if any, or, if the only matter remaining
to be tried is the counterclaim, the counterclaim, be transferred to any court
which has jurisdiction to hear and determine the subject matter of the claim
or counterclaim, as the case may be, and the amount thereof.

(2) Where an order is made under subsection (1), the costs of the proceedings
before the Supreme Court, including the costs of the application for the
transfer, shall be in the discretion of the Supreme Court.

(3) The court to which any claim or counterclaim has been transferred by an
order made under subsection (1) shall adjudicate upon the claim or
counterclaim as if the action had been commenced there and the provisions
regulating the procedure of that court in civil matters shall apply, mutatis
mutandis, to any claim or counterclaim so transferred.

(4) (a) Where -

(i) the trial of an action which has been entered in the

Intermediate Court has not yet begun; and

(ii) the sum or matter in dispute, whether in balance of account

or otherwise, but exclusive of interest and costs, does not
exceed the prescribed amount in relation to District Courts,

the Intermediate Court may, with the written consent of the Chief Justice,
order that the action be removed to the appropriate District Court.

(b) Where an action is removed to a District Court under paragraph (a),

it shall be heard and determined by that court as if it had been
originally entered there.

137-154. Repealed

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 PART IV - LAW IN FORCE AND TO BE APPLIED IN THE COURTS

155-156. Repealed

157. Extension of enactments to other islands

The President may extend any enactment to any island under the jurisdiction of the
State of Mauritius other than the island of Mauritius, subject to such modifications
and restrictions as he thinks fit, in order to adapt the enactment to the local
circumstances of such island and may amend any enactment in force in the island.

Amended by [Act No. 48 of 1991]

158. Power to legislate for other islands

Without prejudice to section 157, the President may make such regulations as he
thinks necessary or desirable for the good government and general well-being of
the islands under the jurisdiction of the State of Mauritius and all such regulations
shall have the same force and effect as though they were enactments passed by
the Assembly.

Amended by [Act No. 48 of 1991]

159. Penalties for contravention of regulations

Regulations made under section 158 may also provide penalties for their non-
observance not exceeding a penalty of 500 rupees and imprisonment for a term not
exceeding 3 months for any one offence, and for the infliction of such penalties by a
Magistrate or other person.

160. Regulations to be laid before Assembly

All regulations made under section 158 shall be laid before the Assembly.

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 PART V – EVIDENCE

Sub-Part I - General provisions as to evidence

161. Interpretation

In this Part -

“evidence" includes testimony upon oath or solemn affirmation given viva voce or
by affidavit in writing and unsworn personal answers of parties to trials;

"sexual offence case" means a case in which the accused is being prosecuted for
rape, attempt upon chastity or illegal sexual intercourse in breach of section 249 of
the Criminal Code;
Added by [Act No. 30 of 2003]

"trial" includes any inquiry, hearing or other proceeding in any court or before any
person having by law or by consent of parties authority to hear, receive or examine
evidence.

161A. Persons may be excluded from proceedings

Any judge, Magistrate or other person having by law authority to bear, receive or
examine evidence may, where he considers it necessary or expedient -

(a) in circumstances where publicity would prejudice the interests of justice or of

public morality;

(b) in order to safeguard the welfare of persons under the age of 18;

(c) in order to protect the privacy of persons concerned in the proceedings;

(d) in the interests of defence, public safety or public order,

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 exclude from the proceedings (except the announcement of the decision) any
person other than the parties to the trial and their legal representatives.

161B Live Video and Television Link

(1) Notwithstanding any other enactment, the Court may, in its discretion
and on motion made by the prosecution, allow a complainant in a sexual
offence case or any witness in relation to a financial crime offence as
defined in sections 41A(5) and 80D(5) or an offence under the Piracy
and Maritime Violence Act 2011 to appear before it, and depose,
through such live video or live television link system as may be approved
in writing by the Chief Justice.

(2) In exercising its discretion under subsection (1), the Court shall ensure
that there is a fair hearing in the matter.

Amended by [Act No. 30 of 2003]; [Act No. 39 of 2011]; [Act No. 15 of 2021]

161BA. Agreement on facts between prosecution and defence in financial crime cases

The prosecution and the defence may, in relation to any criminal proceedings before the
Financial Crimes Division of the Supreme Court or the Financial Crimes Division of the
Intermediate Court, agree that an alleged fact contained in the information, any document or any
other evidence, is not contested and a Judge or Magistrate may consider the alleged fact as
proved.

Added by [Act No. 15 of 2021]

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 161C. Summons to judicial officer

Notwithstanding any other enactment, no summons shall be issued calling a judicial

officer or legal officer as defined in the Law Practitioners Act as a witness before
any Court except by leave of a judge in Chambers and on satisfying the judge that
the judicial officer legal officer has some material evidence to give in the matter.

Amended by [Act No. 20 of 1993]; [Act No. 30 of 2003]; [Act No. 14 of 2018]

162. English law of evidence to be followed

Except where it is otherwise provided by special laws now in force in Mauritius or

hereafter to be enacted, the English law of evidence for the time being shall prevail
and be applied in all courts of Mauritius.

163. No exclusion because of relationship or interest

No person shall, except as hereinafter provided, be excluded or excused from

giving evidence at any trial by reason of his being a party to or having an interest in
the event of such trial or by reason of his relationship by marriage or otherwise to
any party to, or person having an interest in the event of, such trial.

164. Saving as to accused person and spouse

Nothing in this Part shall render any person charged with having committed an
offence punishable by law, or the husband or wife of that person, a competent
witness at the trial of that person for such offence before any court of criminal
jurisdiction, except in cases where the offence is charged to have been committed
against the person or property or conjugal rights of the husband or wife of the
accused, in which cases such husband or wife shall be a competent and
compellable witness.

165. Questions tending to incriminate

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 (1) Nothing in this Sub-Part shall render any person (other than a bankrupt
examined before any court or judge under any law relating to bankruptcy)
compellable to answer any question the answer to which would tend to
expose him to prosecution for an offence punishable by law, or shall render
any person compellable to answer the question whether he has or has not
committed adultery.

(2) Where any person has stated voluntarily as a witness that he has or has not
committed adultery, he may be further examined or cross-examined upon
such statement.

166. Proof of occupation of immovable property

(1) (a) In any claim to rent or indemnity for the occupation of immovable
property, oral evidence shall, when a lease is denied and is not
completely established by writing, be admissible to prove or disprove
the occupation and the amount or payment of the indemnity, and the
party suing shall be entitled to the indemnity although it may result
from the oral evidence given that the occupation existed under a
lease.

(b) Such a claim for indemnity shall be barred by one years prescription.

(2) Nothing in this section shall alter any law by virtue of which the possessor of
immovable property is entitled to retain the fruits of the property and to make
them his own.

167. Examination on faits et articles

Where a party to a suit is called upon to give his unsworn personal answers, he
may be examined as an adverse witness by a party calling him and afterwards
examined on his own behalf, but only as to matters arising out of the examination
made by the party calling him, and he may then be reexamined touching any
question put to him on his behalf.

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 168. Insufficiency of notices not to exclude evidence

(1) Where the State or any other party to a trial is required by any law or rule of
court to file a list of witnesses or give a notice of facts, if at the trial
witnesses be tendered whose names have not been included in such list, or
who have not been sufficiently described therein, or if evidence is tendered
of a fact omitted from or not sufficiently set out in such notice of facts, or if
such list or notice has not been filed or given within the time fixed by law,
the court shall not reject the proof of such facts or refuse the witnesses
offered merely on the ground that such notice of facts, list or description of
witnesses has not been served in time, where it is satisfied that there has
been no mala fides, but it may postpone the trial on such terms as to costs,
if any, as to the court seems just.

(2) The State shall not be condemned in costs in any criminal trial.

Amended by [Act No. 48 of 1991]

169. State need not file list of witnesses

It shall not be necessary for the State to file any list of witnesses to be called in
reply to witnesses for the defendant in any criminal trial, but where the State calls
any witnesses in reply the court may allow the defendant to produce further
evidence to rebut the witnesses heard in reply.

Amended by [Act No. 48 of 1991]

170. Copies of public documents admissible

(1) At any trial, the contents of any record, book deed, map, plan or other
document in the official custody of the Supreme Court, of the Conservator of
Mortgages, of any Government department, of any intermediate Court, of
any District Court, or of any notary may be proved by means of a copy or

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 extract certified under the hand of the Registrar, the Conservator of
Mortgages, the chief clerk or head of such department, the Head Clerk of
the Intermediate Court, the District Clerk, or such notary as the case may
be, to be a true copy or extract.

(2) The copy shall be admissible in evidence at any trial to the same extent and
in the same manner as the original would but for this Act be admissible.

(3) Certificates that such copies or extracts are true and purporting to be signed
by the Registrar or other person under subsection (1) shall, in the absence
of proof to the contrary, be held to have been so signed.

171. Custodians of public documents

(1) (a) No person having the official custody of such original documents as
are mentioned in section 170 shall be subpoenaed or summoned to
produce the documents, nor shall they be admissible in evidence at
any trial except upon the order of a judge.

(b) Such order shall only be made where it appears to the Judge that
the authenticity of the document itself is in question, or that the proof
sought to be given cannot be given by means of a copy or extract,
and that the proof of the authenticity or the proof sought to be given
is material to the matter at issue, and in every such case the same
fee shall, in addition to the allowance to be paid for the attendance of
the person so subpoenaed or summoned, be charged for the
production of such document as would have been payable for a copy
or extract.

(2) Notwithstanding subsection (1), any record of any court shall be admissible
in evidence in the court to which its custody belongs to the same extent and
in the same manner as it would have been if this section had not been
enacted.

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 172. Privilege not affected

Nothing in this Sub-Part shall, except where there is an express provision to the
contrary, be held in any way to affect any right to refuse to produce any document
or to answer any question on the ground of privilege.

173. Statements of witnesses

(1) (a) Any witness may be cross-examined at any trial as to previous

statements made by him in writing or reduced into writing relative to
the subject matter of the trial, without the writing being shown to him,
or read, but if it is intended to contradict the witness by the writing,
his attention must, before such contradictory proof can be given, be
called to those parts of the writing which are to be used for the
purpose of so contradicting him.

(b) The court may at any time during the trial require the production of
the writing to be used for the purposes of the trial in any way that to
the court seems proper.

(2) (a) It shall be competent to examine any witness who may be called in
any judicial proceeding as to whether he has on any specified
occasion made a statement on any matter pertaining to the issue
which is different from the evidence given by him in that proceeding,
and it shall be competent in the course of such proceeding to adduce
evidence to prove that the witness, whether he has shown himself
hostile or not, has made a different statement on the occasion
specified.

(b) Nothing in paragraph (a) shall make any such statement of itself
evidence of the proof of any fact or facts embodied in it.

174. De bene esse proceedings

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 (1) Any party who intends to call a witness who on the day of the trial -

(a) will not be in Mauritius; or

(b) may not be alive or fit to give evidence because of his failing health,

shall make an ex-parte application of a de bene esse hearing of the witness

before the Judge in Chambers.

(2) Where an application under subsection(1) is granted, the Judge shall direct
that the order be served on all other parties to the proceedings.

(3) The de bene esse hearing shall take place on a date to be fixed by the
Judge in Chambers.

(4) The de bene esse proceedings shall form part of the record of the main
case and shall be admitted in evidence.

Amended by [Act No. 15 of 2000]

175. Translation of evidence

Where in any proceedings before the Supreme Court, whether civil, criminal, or in
bankruptcy or of any other nature, or before any other court, a witness or a party
gives evidence in a language other than English, such evidence shall, subject to
sections 176 and 189 be translated into English and shall be recorded and form
part of the record.

176. Translation when not necessary in civil cases

Where in any proceedings before the Supreme Court on the civil side or the Master
and Registrar or the judge in Bankruptcy, a witness speaks in a language which is
well known to both plaintiff and defendant as the case may be, the judges, the law
officers of the State, the Master and Registrar or the judge in Bankruptcy and the

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 counsel engaged in the case, the examination of that witness may take place in that
language and it shall not be necessary to translate the deposition or answers in
English, except where the depositions or answers are given in Creole, in which
case they shall be taken down by the Master and Registrar or other officer of the
court.

Amended by [Act No. 48 of 1991]; [Act No. 29 of 1992]

177. Recording of evidence and submissions

(1) The evidence of witnesses and the submissions of counsel or

attorney in any case heard before a Court shall be recorded –

(a) by tape or other technological means;

(b) where no such means is available, by shorthand notes taken
down by a shorthand writer of the Judiciary; or
(c) where no means referred to in paragraph (a) and (b) are
available –
(i) at the trial of a criminal matter, in writing by the Judge
presiding at the trial or any Magistrate hearing the case; or
(ii) where the Judge or Magistrate is temporarily
incapacitated in a criminal matter or in any other case, in writing by a
Court Officer with the approval of the Master and Registrar.

(2) The Master and Registrar shall, subject to such directions as may be
given by the Chief Justice, set up and maintain an Archives Section,
an Exhibits Section and a Records Section for the proper
preservation of the records of the Supreme Court.

Amended by [Act No. 29 of 1992]; [Act No. 28 of 1999]; [Act No. 14 of

2018]

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 177A. Objection to form of evidence

(1) Where under this Act or any other enactment, the evidence or proceedings are
recorded by tape or other technological means-

(a) no objection shall be allowed or taken on the ground that there is a defect in
the recording of the evidence or the form of the evidence recorded;

(b) any defect in the recording of the evidence shall not affect the validity of the
proceedings.

(2) Where it appears to the trial Magistrate or trial Judge that there exists-

(a) any defect in the evidence recorded by tape or other technological means: or

(b) any variance between such evidence and any record kept by the Magistrate
or Judge,

the Judge or Magistrate may make such, order as he considers appropriate in

respect of the recording of evidence or proceedings

Added by [Act No. 28 of 1999]

178. Inspection of property

In any cause or matter, the court may, on the application of either party, or on its
own motion make such order for the inspection by the court, the jury, the parties, or
witnesses, of any movable or immovable property, the inspection of which may be
material to the proper determination of the question in dispute and give such
direction respecting the inspection as to the court seems fit.

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 179. Penalty for nonattendance of witness

(1) Without prejudice to section 128, any person summoned to attend as a

witness who, without lawful excuse, fails to attend as required by the
summons, or who, having attended, departs without having obtained the
permission of the court, or fails to attend at any subsequent sitting, shall be
liable by order of the court to a fine not exceeding 2000 rupees.

(2) The fine shall be levied by attachment and sale of any movable property
belonging to the witness within the limits of the jurisdiction of the court.

(3) In default of recovery of the fine by attachment and sale, the witness may,
by order of the court, be imprisoned for a term not exceeding 15 days unless
the fine is paid before the end of that term.

(3) For good cause shown, the court may remit or reduce any fine imposed
under this section.

Amended by [Act No. 4 of 1999]

180. Repealed by [Act No. 20 of 1993]

181. Certificates of certain officers as evidence

(1)(a) In subsection (2), “officer" means, subject to paragraph (b), a public

officer who is the holder of, or is acting in, an office as -

(i) Chief Government Analyst;

(ii) Government Analyst;
(iii) Medical and Health Officer;
(iv) Pathologist;
(v) Police Medical Officer;
(vi) Principal Forensic Science Officer;

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 (vii) Principal Veterinary Officer;
(viii) Scientific Officer (Forensic Science);
(ix) Senior Forensic Laboratory Assistant;
(x) Senior Pathologist;
(xi) Senior Police Medical Officer;
(xii) Veterinary Officer;
(xiii) Police Officer,
(xiv) Director, Pharmaceutical Services; or

(xv) quarantine officer under the Quarantine Act 2020.

Amended by [Act No. 5 of 1999]

(b) Where an office specified in paragraph (a) is restyled, a public officer who is
the holder of, or is acting in the restyled office shall, for the purposes of
subsection (2), be an officer.

(3) In all proceedings before any court or before any person authorised by law or by consent of parties to
hear, receive and examine evidence, a certificate under the hand of –

(a) any officer; or

(b) in the case of a medical certificate, the officer in charge of the hospital where
the examination of the person to whom the certificate relates was carried out,
shall be sufficient evidence of the fact therein stated without proof of the
handwriting of such officer unless the court or such person authorised as
aforesaid decides that the attendance of the officer is necessary.

Amended by [Act No. 29 of 1992]; [Act No. 4 of 1999]

[Act No. 5 of 1999]; [Act No. 15 of 2021]

181A. Microfilms and other reproductions

(1) Where the copy of a document which is admissible in evidence -

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 (a) purports to be a machine copy or a print made from a microfilm; and

(b) bears or is accompanied by a certificate signed by an authorised

person certifying that the copy is a reproduction of an original
document,

the copy shall be admissible in evidence in any legal proceedings.

(4) In subsection (1), "authorised person" means –

(a) a public or local government officer;

(b) an officer in the employment of a statutory body;

(c) an employee of a bank authorised by the Bank of Mauritius; and

(d) any other person authorised in writing by the Attorney-General.

181B. Admissibility of out-of-court statements in civil proceedings – Amended by

[Act No. 39 of 2011]

(1) A statement made, whether orally or in a document or otherwise, by person,

whether called as a witness or not, shall, subject to subsection (2) and to rules of Court, be
admissible in any civil proceedings as evidence of any fact or opinion stated therein of
which direct oral evidence by the witness would be admissible.

(2) Where a party wishing to put in a statement under subjection (1), has called,
or intends to call, as a witness in the proceedings, the person by whom the statement was
made, the statement shall not be given in evidence -

(a) without leave of the Court; and

(b) before the conclusion of the examination-in-chief of the person by
whom it was made except –

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 (i) where the Court allows evidence of the making of the
statement to be given on behalf of that party by some other
person; or

(ii) in so far as the Court allows the person by whom the

statement was made to narrate it in the course of his
examination-in-chief on the ground that to prevent him from
so doing would adversely affect the intelligibility of this
evidence.

(3) Subject to subsection (4), where a statement made otherwise than in a

document is admissible under subsection (1), no evidence other than direct oral evidence
by the person who made the statement, or any person who heard or otherwise perceived it
being made, shall be admissible for the purpose of proving it.

(4) Where a statement is made by a person while giving oral evidence in

any other legal proceedings, the statement may be proved in such manner as the court
thinks fit.

Added by [Act No. 18 of 1998]

181C Admissibility of certain records in civil proceedings – Amended by [Act No.

39 of 2011]

(1)A statement contained in a document shall, subject to section

181E, to subsection (2) and to Rules of court, be admissible in
any civil proceedings as evidence of any fact or opinion stated
therein of which direct oral evidence would be admissible,
where the document is, or forms part of, a record compiled, by
a person acting under a duty, from information which-

(a) Was supplied by a person who had, or may

reasonably be supposed to have had personal

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 knowledge of the matters dealt with in that
information; or
(b) In case the information was not supplied directly by
the person referred to in paragraph (a) to the compiler
of the record, was supplied by him to the compiler of
the record indirectly through one or more
intermediaries each acting under a duty.

(2) Where a party wishing to put in a statement under subsection (1) has
called, or intends to call, as a witness in the proceedings the person
who originally supplied the information from which the record
containing the statement was compiled, the statement shall not be
given in evidence —

(a) without leave of the court: and

(b) before the conclusion of the examination-in-chief of

the person who originally supplied the information.

(2) For the purposes of subsection (1), a person acting under a

duty includes a person acting in the course of any trade,
business, profession or other occupation in which he is
engaged or employed or for the purposes of any paid or
unpaid office held by him.

Added by [Act No. 18 of 1998]

181D. Evidence in rebuttal

(1) Where a statement is given in evidence under section 181 B and the person
who made the statement is not called as a witness in the proceedings, any
evidence which if that person had been so called, could be admissible for
the purpose of impeaching or supporting his credibility, shall, subject to rules

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 of Court, be admissible for that purpose.

(3) Where a statement is given in evidence under section 181C,

and the person who originally supplied the information from
which the record was complied is not called as a witness in
the proceedings, any evidence which, if that person had been
called, could be admissible for the purpose of impeaching or
supporting his credibility shall, subject to rules of Court, be
admissible for that purpose.

Added by [Act No. 18 of 1998]

181E. Admissibility of statements produced by computers in civil

proceedings – Amended by [Act No. 39 of 2011]

(1) In this section, “computer” means any device for storing and processing
information, whether or not the information is derived from other information
by calculation, comparison or otherwise.

(2) Where, over a period, the function of storing or processing information for
the purpose of carrying on an activity was regularly performed by —

(a) a combination of computers;

(b) different computers operating in succession;

(c) different combinations of computers operating in succession;

(d) the successive operation of one or more computers and one or more
combinations of
computers,

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 all the computers shall, for the purposes of this section, be treated as
constituting a single computer.

(3) A statement contained in a document produced by a computer shall, subject

to rules of Court, be admissible in any civil proceedings as evidence of any
fact stated therein of which direct oral evidence would be admissible where
—

(a) the document was produced during a period over which the
computer was regularly used to store or process information for the
purpose of any activity regularly carried by a person over this period.

(b) information of the kind contained in the statement, or of the kind from
which the information is derived, was regularly supplied to the
computer over that period in the ordinary course of that activity.

(c) the computer was operating properly during the material part of that
period; and

(d) the information contained in the statement reproduces or is derived

from information supplied to the computer in the ordinary course of
that activity.

(4) Where a party wishes to give in evidence a statement under subsection (3), a
certificate which —

(a) identifies the document containing the statement and described the
manner in which
it was produced;

(b) gives particulars of any device involved in the production of the document
to show that
it was produced by a computer;

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 (c) deals with any matter referred to in paragraphs (a), (b), (c) or (d) of
subsection (3); and

(d) purports to be signed by a person occupying a responsible position in

relation to the operation of the relevant device or to the management of
the relevant activity,

shall be evidence of any matter stated in the certificate.

(5) For the purposes of subsection (4), it shall be sufficient for a matter to be stated to the best of the
knowledge and belief of the person stating it.

Added by [Act No. 18 of 1998]

181F. Proof of statements contained in a document

Where a statement contained in a document is to be given in evidence

under section 181B, 181C or l81E it may be proved by the production of that
document or by the production of a copy thereof, or of the material part
thereof, authenticated in such manner as the court thinks fit.

Added by [Act No. 18 of 1998]

182. Illness of juror

A certificate under the hand of any qualified medical practitioner shall be received
before the Supreme Court, in case of illness of any juror, witness, or party to a suit,
or any officer of the court, as prima facie evidence, without proof of the handwriting
of such medical practitioner.

183. This Sub-Part extended to the other islands

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 This Sub-Part shall, so far as it is applicable, extend to all trials in the other islands
under the jurisdiction of the State of Mauritius.

Sub-Part II - Evidence in Criminal Cases

184. Competency of witnesses in criminal cases

(1) Subject to subsection (2), every person charged with an offence, and the
wife or husband, as the case may be, of the person so charged, shall be a
competent witness for the defence at every stage of the proceedings,
whether the person so charged is charged solely or jointly with any other
person.

(2) (a) A person so charged shall not be called as a witness in pursuance of

this Sub-Part except upon his own application.

(b) The failure of any person charged with an offence or of the wife or
husband, as the case may be, of the person so charged, to give
evidence, shall not be made the subject of any comment by the
prosecution.

(c) The wife or husband of the person charged shall not, save as
provided in this Sub-Part, be called as a witness in pursuance of this
Sub-Part, except upon the application of the person so charged.

(d) Nothing in this Sub-Part shall make a husband compellable to

disclose any communication made to him by his wife during the
marriage, or a wife compellable to disclose any communication
made to her by her husband during the marriage.

(e) A person charged and being a witness in pursuance of this Sub-Part

may be asked any question in cross-examination, notwithstanding
that it would tend to criminate him as to the offence charged.

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 (f) A person charged and called as a witness in pursuance of this Sub-
Part shall not be asked, and if asked shall not be required to answer,
any question tending to show that he has committed, or been
convicted of, or been charged with, any offence other than that with
which he is then charged, or is of bad character, unless -

(i) the proof that he has committed or been convicted of such

offence-is admissible evidence to show that he is guilty of the
offence with which he is then charged;

(ii) he has personally or by his advocate asked questions of the

witnesses for the prosecution with a view to establish his own
good character, or has given evidence of his own good
character, or the nature or conduct of the defence is such as
to involve imputations on the character of the prosecution or
the witnesses for the prosecution; or

(iii) he has given evidence against any other person charged with
the same offence.

(g) Every person called as a witness in pursuance of this Sub-Part shall,

unless otherwise ordered by the court, give his evidence from the
witness box or other place from which the other witnesses give their
evidence.

(h) Nothing in this Sub-Part shall affect section 51 of the District and
Intermediate Courts (Criminal Jurisdiction) Act, or any right of the
person charged to make a statement without being sworn.

185. Evidence of person charged

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 Where the only witness to the facts of the case called by the defence is the person
charged, he shall be called as a witness immediately after the close of the evidence
for the prosecution.

186. Right of reply

In cases where the right of reply depends upon the question whether evidence has
been called for the defence, the fact that the person charged has been called as a
witness shall not of itself confer on the prosecution the right of reply.

187. Evidence of husband and wife

(1) The wife or husband of a person charged with an offence against the
person, property, or conjugal rights of such husband or wife or against the
person or property of any child of either party to the marriage, or with an
offence under section 26 (9) of the Criminal Code (Supplementary) Act, may
be called as a witness either for the prosecution or defence and without the
consent of the person charged.

(2) Nothing in this Sub-Part shall affect a case where the wife or husband of a
person charged with an offence may at common law be called as a witness
without the consent of that person.

188. Application

This Sub-Part shall apply to all criminal proceedings.

188A. Admissibility of sound recording

(1) Subject to subsection (2), the sound recording of any evidence given
by any person charged with an offence shall be admissible in
evidence in any criminal proceedings where it is given to an
investigating officer in the course of an investigation of an offence.

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 (2) In the case of evidence of an admission, the sound recording of any
evidence shall be admissible where -

(a) the recording is made in the course of official questioning in

accordance with the requirements set out in the third
Schedule; and

(b) the admission is made by a person who is reasonably

suspected by an investigating officer as having committed an
offence.

(3) The President may, by Order, specify the offences in relation to

which the sound recording of evidence of an admission by an
accused party shall be a condition precedent to the admissibility of
such admission in evidence.

(4) In this section -

"sound recording" includes recording of visual images or sound;

"investigating officer" means a police officer or any public officer

whose function or duties includes functions or duties in respect of
prevention or investigation of offences.

(6) The common law rule against hearsay shall not prevent the admissibility or use of a sound recording
as evidence under this section and the sound recording shall be admissible in evidence at any trial to
the same extent and in the same manner as documentary evidence would be admissible.

Added by [Act No. 4 of 1999]

188B. Admissibility of written statements

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 (1) In any criminal proceedings, a written statement by a person shall,
be admissible as evidence to the like extent as oral evidence where-

(a) the statement purports to be signed by the person who made

it;

(b) the statement contains a declaration by that person to the

effect that it is true to the best of his knowledge and belief
and that he made the statement knowing that, if it were
tendered in evidence, he could be liable to prosecution if he
wilfully stated in it anything which he knew to be false or did
not believe to be true;

(c) before the hearing at which the statement is tendered in

evidence, a copy of the statement is served, by or on behalf
of the party proposing to tender it, on each of the other
parties to the proceedings; and

(d) none of the other parties or their Counsel, within 7 days from
the service of the copy of the statement, serves a notice on
the party proposing to tender it in evidence objecting to the
statement being so tendered.

(2) Notwithstanding subsection (1), if the parties agree before or during

the hearing that the statement shall be tendered in evidence, the
conditions set out in subsection (1)(c) and (d) shall not apply.

(3) The following provisions shall also have effect in relation to any
written statement tendered in evidence under this section -

(a) where the statement is made by a person under the age of

21, the age of the person shall be stated;

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 (b) where it is made by a person who cannot read it, it shall be
read to him before he signs it and shall be accompanied by a
declaration by the person who so read the statement to the
effect that it was so read; and

(c) where it refers to any other document as an exhibit, the copy

served on any other party to the proceedings under
subsection (1)(c),shall be accompanied by a copy of that
document or by such information as may be necessary in
order to enable the party on whom it is served to inspect that
document or a copy thereof.

(4) Notwithstanding subsection (1) –

(a) the party by whom or on whose behalf a copy of the

statement was served may call that person to give
evidence; or

(b) the Court may, of its own motion or on the application of any
party to the proceedings, require that person to attend before
the Court and give evidence.

(5) An application to a Court may be made under subsection

(4)(b) before the hearing and, on any such application, the powers of
the Court shall be exercisable -

(a) in the case of a District Court, by the Magistrate of the District

Court;

(b) in the case of the Intermediate Court, by the President of the

Intermediate Court;

(c) in the case of the Industrial Court, by the President of the

Industrial Court;

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 (d) in the case of the Supreme Court, by any Judge of the
Supreme Court.

(6) The statement admitted in evidence under this section shall, be read
aloud at the hearing unless the Court directs that only part of the
statement shall be so read and, where the Court so directs, an
account shall be given orally of the part of the statement that is not
read aloud.

(7) Any document or object referred to as an exhibit and identified in a

written statement tendered in evidence under this section shall be
treated as if it had been produced as an exhibit and identified in
court by the maker of the statement.

(8) A document required by this section to be served on any person may

be served -

(a) by delivering it to him or to his Counsel;

(b) by addressing it to him and leaving it at his usual or last

known place of abode or place of business or by addressing
it to his Counsel and leaving it at his office;

(c) by sending it in a registered letter or by the recorded delivery

service addressed to him at his usual or last known place of
abode or place of business or addressed to his Counsel at
his office; or

(d) in the case of a body corporate, by delivering it to the

secretary or clerk of the body corporate at its registered or
principal office or sending it in a registered letter or by the
recorded delivery service addressed to the secretary or clerk
of that body corporate at that office.

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 Added by [Act No. 4 of 1999]

188C. Admissibility of out of Court and financial crime statement in piracy cases
where maker is unavailable

(1) In any criminal proceedings under the Piracy and Maritime

Violence Act or for a financial crime offence as defined in sections
41A(5) and 80D(5), a statement made out of Court shall be
admissible as evidence, with leave of the Court, of any matter stated
when –

(a) oral evidence given in the proceedings by the person

who made the statement would be admissible as
evidence of that matter;

(b) the person who made the statement is identified to

the Court’s satisfaction; and

(c) one of the 5 conditions specified in subsection (2) is

satisfied.

(2) The conditions referred to in subsection (1)(c) are that the

person who made the statement –

(a) is dead;

(b) is unfit to be a witness because of his bodily or mental

condition;

(c) is outside Mauritius and it is not reasonably

practicable to secure his attendance;

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 (d) cannot be found although such steps as is reasonably
practicable to take to find him have been undertaken;
or

(e) through fear, does not give or does not continue to

give oral evidence in the proceedings, either at all or
in connection with the subject matter of the statement.

(3) Where a statement is admitted in evidence under subsection

(1) any evidence which, if that person had been called as a witness,
could have been admissible for the purpose of impeaching or
supporting his credibility, shall be admissible for that purpose.

(4) In assessing the weight, if any, to be attached to a statement

admitted in evidence under subsection (1), the Court shall have
regard to all the circumstances from which any inference can
reasonably be drawn as to its accuracy or otherwise.

Amended by [Act No. 39 of 2011]; [Act No. 15 of 2021]

189. Translation when not necessary in criminal cases

Where at a trial before a judge, either with or without a jury, a witness speaks in a
language which is well understood by the accused, by all the jurors, as well as by
the judge, the law officers of the State and the counsel engaged in the case, the
examination of the witness may take place in such language and it shall not be
necessary to translate the deposition in English.

Amended by [Act No. 48 of 1991]

189A. Evidence of a formal character

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 (1) in all criminal proceedings before any court, an affidavit sworn by a person
whose evidence is of a formal character shall be sufficient evidence of the
facts stated therein.

(2) The court may, if it thinks fit, and shall, on the application of the prosecution
or the accused, summon and examine any such person as to the facts
contained in his affidavit.

Sub-Part III - Declarations instead of oath

190 Declaration instead of oath

Every person who objects to being sworn and states, as the ground of his objection,
either that he has no religious belief, or that the taking of an oath is contrary to his
religious belief, shall be permitted to make his declaration instead of taking an oath
in all places and for all purposes where an oath is required by law, which
declaration shall be of the same force and effect as if he had taken the oath.

191. Form of declaration

Every such declaration shall be as nearly as may be in the form -

I ................................ do solemnly, sincerely and truly declare ...and shall

then proceed with the words of the oath prescribed by law, omitting words of
imprecation or calling to witness.

192. Solemn affirmations

(1) Every person of the Hindu or Moslem faith shall make affirmation to the
following effect -

I solemnly affirm in the presence of Almighty God that what I shall state shall be the
truth, the whole truth and nothing but the truth.

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(7) Any person who knowingly makes a false affirmation shall commit an offence and shall, on conviction,
be liable to imprisonment for a term not exceeding I 0 years.

(3) -

(4) Without prejudice to subsections (1) and (2), any party to, or witness in, any
judicial proceeding, civil or criminal, who is a Hindu or Moslem, or any
person whose religious belief prevents him from taking the ordinary oath,
may be called upon -

(a) by any other party to such proceeding; or

(b) in any criminal proceeding by the prosecutor or the accused, to give

evidence on oath or solemn affirmation in any form common among,
or held binding by persons of the race or persuasion to which he
belongs and not repugnant to justice or decency, and the court may
tender such oath or affirmation notwithstanding subsection (1) or any
other enactment.

(5) Where the oath or affirmation is of such a nature that it may be more
conveniently made out of court, the court may issue a commission to any
person to administer it, and the court on being satisfied that the oath or
affirmation has been adMinistèred may proceed to take evidence of the
party or witness accordingly.

(6) Where the party or witness refuses to make the oath or solemn affirmation
referred to in subsection (4), he shall not be compelled to make it, but shall
give evidence on making the solemn affirmation, referred to in subsection
(1), or the declaration prescribed by section 190,and the court shall record
as part of the proceedings, the nature of the oath or affirmation proposed,
the fact that he was asked whether he would make it, and that he refused it,
together with any reason which he may assign for his refusal.

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 (7) Subsections (4), (5) and (6) shall apply to articles 1357 to 1369 of the Code
Napoléon.

193. Validity of oath, affirmation or declaration

Where an oath has been duly adMinistèred and taken, the fact that the person to
whom the oath was adMinistèred should have made a solemn affirmation under
section 192 or a declaration under sections 190 and 191 or where a solemn
affirmation or a declaration has been made by a person who should have taken an
oath, such error shall not affect the validity of the oath, solemn affirmation or
declaration respectively, if no protest is made by the person sworn, solemnly
affirmed or making the declaration, at the time such oath, solemn affirmation or
declaration is made or taken.

194. Form of declaration in writing

Every declaration in writing shall commence -

I, of... do solemnly, sincerely and truly declare...and the form in lieu of jurat shall be-

Delivered at... this... day of...

Before me...

195. Penalty for swearing false affidavits

(1) Any person who swears a false affidavit where an affidavit is required or
may be used, shall be liable to penal servitude for a term not exceeding 3
years and to a fine not exceeding 10,000 rupees.

(2) The prosecution may, in any case, take place before a District Court or the
Intermediate Court at the discretion of the Director of Public Prosecutions.

Amended by [Act No. 5 of 1999]

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 196. Swearing with uplifted hands

Where any person to whom an oath is adMinistèred desires to swear with uplifted
hand, he shall be permitted so to do, and the oath shall be adMinistèred to him in
such form and manner without further question.

PART VI - MISCELLANEOUS

197. Reasons of judgment in criminal matters

(1) Notwithstanding any other enactment, a judge or Magistrate, sitting without

a jury and exercising his jurisdiction, whether original or appellate, in a
criminal matter, shall, after hearing the case on both sides, record his
judgment in writing.

(2) Every such judgment shall contain the point or points for determination, the
decision and the reasons for the decision, and shall be dated and signed by
the judge or Magistrate at the time of judgment.

197A. Interest on judgment debts in accident cases

Notwithstanding any other enactment, where any person is adjudged by a Court to

be liable in damages pursuant to article 1382,1383 or 1384 of the Code Napoléon
in respect of a road accident or an accident at work, the Court may order that he
shall pay interest on the judgment debt at 15 per cent or such other rate as may be
prescribed by Rules of Court made by the judges from the day on which the action
was started unless the Court is satisfied that there are good reasons for ordering
such payment from the date on which the pleadings were closed, up to the date of
payment.

Amended by [Act No. 29 of 1990]; [Act No. 15 of 1994]

197B. Costs in exaggerated claims

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 Notwithstanding any other enactment where in any civil case, any Court is of
opinion that a claim for any sum of money was exaggerated and could have
appropriately been entered before a Court of lesser jurisdiction, the Court may
award costs in such manner as it shall determine.

Added by [Act No. 29 of 1990]

197C. Enquiry as to genuineness of deed

Subject to article 1319 of the Code Napoleon, any action as to the

Genuineness of any deed, whether authentic or under private
Signatures, shall be entered by way of plaint with summons before
the Supreme Court.

Added by [Act No. 4 of 1999]

197D. Wasted costs order

(1) The Magistrate, Master, Judge in Chambers or Court, as the case may be,
may, at any stage Of any civil proceedings, on an application by a party who
has incurred wasted costs, order the legal representative of a party to meet
personally the whole or part of those costs as specified in the fourth
Schedule.

(2) In this section-

(a) "wasted costs" means any costs incurred by a party-

(i) as a result of any improper, unreasonable or negligent act or

omission on the part of any legal representative or employee
of the representative; or

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 (ii) which, in the light of any act or omission occurring after the
costs were incurred, the Court considers it unreasonable to
expect that party to pay;

(3) Before making a wasted costs order, the Magistrate, Master, Judge in
Chambers or Court, as the case may be, shall give the legal representative
a reasonable opportunity to show cause why he or it should not make a
wasted costs Order and may make such enquiry as he or it thinks fit.

(4) Where the Magistrate, Master, Judge in Chambers or Court makes a wasted
costs, he or it shall specify the amount to be paid in accordance with the
costs as specified in the Fourth Schedule.

(5) The Magistrate, Master, Judge in Chambers or Court may direct that notice
shall be given to the legal representative’s client, in such manner as he or it
may direct -

(a) of any proceedings under this section;

(b) of any order made by him or it against his legal representative.

(6) Any person, against whom a wasted costs order has been made, may
appeal within 21 days of the order, to the Court exercising jurisdiction in
respect of the appeals from the Court which made the order.

Added by [Act No. 15 of 2000]

197E. Adjournment costs

Where any party applies for an adjournment at any stage of any civil proceedings
the Magistrate, Master, Judge in Chambers or Court, may, where he or it grants the
postponement on good cause shown, and there is an application by the party who
has incurred costs, make such order as to costs as, specified in the Fourth
Schedule including costs in respect of the attendance of witnesses.

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 Added by [Act No. 15 of 2000]

197F. Vexatious proceedings

(1) Where, on an application made by the Attorney-General, a Judge is satisfied

that any person has habitually, persistently and without any reasonable
grounds –

(a) instituted vexatious legal proceedings against the same person or

against different persons; or

(b) made vexatious applications in any legal proceedings instituted by him

or another person,

the Judge may, after giving that person an opportunity of being heard, declare
the person to be a vexatious litigant and order that –

(i) no legal proceedings shall, without the leave of the Supreme

Court, be instituted by him in any Court;

(ii) any legal proceedings instituted by him in any Court before the
making of the order shall not be continued by him without the
leave of the Supreme Court; or

(iii) no application, other than an application for leave under this

section, shall, without the leave of the Supreme Court, be made by
him in any legal proceedings instituted by him or another person in
any Court.

(2) The Master and Registrar of the Supreme Court shall cause a copy of any
order made under subsection (1) declaring any person to be a vexatious litigant
to be published in the Gazette and in such other manner as a Judge may direct.

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 (3) An order made under subsection (1) may provide that it is to cease to have
effect at the end of a specified period, but shall otherwise remain in force
indefinitely.

(4) Leave for the institution or continuance of, or for the making of an application in,
any legal proceedings by a person who is the subject of an order for the time
being in force under subsection (1) shall not be given unless the Supreme
Court is satisfied that the proceedings or the application are not an abuse of the
process of the Court in question and that there are reasonable grounds for the
proceedings or application.

(5) No appeal shall lie from a decision of the Supreme Court refusing leave for the
institution or continuance of, or for the making of an application in, legal
proceedings by a person who is the subject of an order for the time being in
force under subsection (1).

(6) The provisions of this section shall be in addition to and not in derogation from
–

(a) the provisions of any other law for the striking out of vexatious pleadings
or prevention of abuse of process of the Court, or which require
consent, sanction or approval in any form of any other authority for the
institution or continuance of any civil or criminal proceedings;

(b) the inherent jurisdiction of the Supreme Court to prevent its process
from being abused or obstructed.
Added by [Act No. 6 of 2011]

197G. Judicial services during COVID-19 period

The Chief Justice may –

(a) during the COVID-19 period, determine that such judicial services as
he deems essential shall be provided by any Court;

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 (b) during such further period, as the Chief Justice deems necessary,
after the COVID-19 period lapses, determine, in addition to the
judicial services referred to in paragraph (a), that such further judicial
services as he deems essential shall be provided by any Court.

Added by [Act No. 1 of 2020]

197H. Practice and procedure before any Court during COVID-19 period

(1) Notwithstanding this Act and any other enactment, but without
prejudice to section 201, the Chief Justice may make such rules to regulate the
practice and procedure before any Court as he considers appropriate during the
COVID-19 period and such further period referred to in section 197G.

(2) The Court may, in addition to the rules made by the Chief Justice
under subsection (1) –

(a) limit the number of persons who may be present in chambers

or in a courtroom; or

(b) call or hear a matter remotely by means of a telephonic, an

electronic or any other communication facility as the Chief
Justice may approve in writing.

Added by [Act No. 1 of 2020]

198. Rules of court

(1) The Chief Justice may, after consultation with the Rules Committee
and the Judges, make such rules as he thinks fit for the purposes of
this Act.

(2) The following enactments shall be deemed to have been made by

the Chief Justice under subsection 198(i) -

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 (a) The Supreme Court Rules 2000 and the Legal Fees and
Costs Rules 2000 respectively set out in the Third and Fourth
Schedules;

(b) River Rules of 12 June 1885;

(c) River Rules of 22 October 1886;

(d) Bankruptcy Rules 1888;

(e) Sale of immovable Property Rules 1889;

(f) Bankruptcy Court Rules 1899;

(g) Three-Judge Cases Rules 1906;

(h) District, Court (Execution of Judgments) Regulations 1997;

(i) District Courts (State Proceedings) Rules 1954;

(j) Rules of the Supreme Court(State Proceedings) 1954;

(k) Letters of Requests Rules 1985;

(l) District and Industrial and Intermediate Court Rules 1992;

(m) Supreme Court (Jury Lists and Panels) Rules 1992;

(n) Intermediate Court Rules 1971;

(3) Rules made under subsection (1) may provide for –

(a) the practice and procedure before any court;

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 (b) the means by which particular facts may be proved and the
mode in which evidence thereof may be given in civil cases
before any court;

(c) the forms, registers and books that may be

required for the transaction of the business of the courts;

(d) the fees to be charged and to accrue to the

Consolidated Fund in respect of any proceedings before any
court;

(e) the sums allowable on taxation in respect of any proceedings

before any Court.

(f) the electronic filing of documents and management of cases;

(g) the practice and procedure for mediation before a Judge.

Amended by [Act No. 15 of 2000]; [Act No. 20 of 2009]

199. Rules Committee

(1) There shall, for the purposes of section 198, be set up a Rules Committee
which shall consist of-

(a) a Judge appointed by the Chief Justice who shall be the Chairperson;

(b) the Master or his representative;

(c) a representative of the Bar Council;

(d) a representative of the Law Society;

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 (e) a representative of the Attorney-General's Office;

(f) 2 other law practitioners appointed by the Chief

Justice.

(2) The functions of the Rules Committee shall be to advise and make
recommendations to the Chief Justice in respect of the rules to be made
under section 198.

(3) For the purposes of its functions, the Rules Committee may undertake such
review as it thinks fit and give its advice or make its recommendations, on its
own initiative, or as requested by the Chief Justice.

(4) The Rules Committee shall regulate its meetings and proceedings in such
manner as it thinks fit.

(5) The Chairperson and members of the Rules Committee shall be paid such
allowances as may be determined by the Chief Justice.

Added by [Act No. 15 of 2000]

200. Amendment of Schedules

(3) The Chief Justice may, after consultation with the Rules Committee and the
Judges, amend the Third and Fourth Schedules.

(2) The Attorney-General may, after consultation with the Chief Justice, amend the
Sixth Schedule by regulations.
Amended by [Act No. 15 of 2000]; [Act No. 9 of 2020]

201. Practice directions

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 The Chief Justice may give such practice directions as he thinks fit to regulate the
practice and procedure before any Court.

Amended by [Act No. 15 of 2000]; [Act No. 1 of 2020]

-----------------

FIRST SCHEDULE

(section 69)

Ayurvedic and Other Traditional Medicines Act

Bus Industry Property Acquisition Act
Employment Rights Act
Excise Act
Forests and Reserves Act
Ground Water Act
Medical Council Act
National Agricultural Products Regulatory Office Act
Nursing Council Act
Occupational Safety and Health Act
Professional Architects’ Council Act
Registered Professional Engineers Council Act
Veterinary Council Act
Waste Water Management Authority Act

Amended by [Act No. 29 of 1992]

--------------------
SECOND SCHEDULE

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 (section 113)

Civil Status Act 1981 section 66 counterfeiting and altering documents.

section 68 false statements or documents.
section 69 offences in respect of children.
section 70. concealment of birth.

Courts Act section 195 swearing false affidavit.

Criminal Code sections 37

and 38 in so accomplices in cases of crimes
far as they and misdemeanours
affect the
other
offences
mentioned
in this
Schedule

sections 40 possession of property

and 41 obtained unlawfully and
possession of property bearing
mark of Government or third party.

sections 92 counterfeiting coin.

to 99

sections 108 forgery by private individual

to 112 and making use of forged public
and private writing.

section 128 bribery of public officer.

sections 156 outrage towards public officers

to 160 and against agent of civil or
military authorities.

sections 215, manslaughter, murder and infanticide.

216, 220 and
223

section 227 threats.

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 sections 228 assault.
and 229

section 236 administering noxious substance.

section 249 rape, attempt upon chastity

and illegal sexual intercourse.

section 251 debauching youth.

sections 276 giving false evidence and

to 282 subornation of perjury.

sections 301
to 310, 321
and 322 larceny.

sections 330 swindling.

and 330A

sections 331 embezzlement.

to 333

sections 346 arson and damaging property.

to 360 and
362

Criminal Code
(Supplementary) section 90 brothel keeping.

sections 103
to 107 personation.

Dangerous Drugs Act sections 27 importation and exportation of

and 28 raw opium and certain other
prohibited drugs;
trade in certain prohibited
drugs; importation and exportation
of prepared opium; manufacture,
sale of prepared opium,
and other cognate offences.

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District and section 126(2) Perjury.
Intermediate Courts
(Criminal jurisdiction)
Act

Excise Act sections 31 illicit distillery offences.

and 32

Interpretation and section 45, attempts to commit

Clauses Act in so far as crimes and misdemeanours
it affects the
other offences
mentioned in
this Schedule.

----------

THIRD SCHEDULE
(section 188A)

Sound recording of evidence

1. Sound recording of evidence shall be carried out in such manner as to instill confidence in
its reliability as an important and accurate record of the interview.

2. When the suspect is brought in the interview room the recording officer shall without delay
but in the sight of the suspect load the tape recorder with clean tape and set it to record.

3. The tape must be unwrapped or otherwise opened in the presence of the suspect and each
tape must bear an identification number.

4. The recording officer shall then formally tell the suspect the following in relation to the
sound recording -
(a) that the interview is being sound recorded, specifying the identification number of
the tape;

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 (b) his name and rank and the name and rank of any other persons (including legal
representatives) present;
(c) the name of the suspect;
(d) the date, time of commencement and place of the interview.

5. The officer shall then caution the suspect in the following terms -

“You are not obliged to say anything unless you wish to do so but whatever you say will be
recorded and may be used as evidence in court against you."

6. The officer shall remind the suspect of his right to legal representation.

7. The officer shall then tell the suspect in ordinary language-

(a) what offence he is investigating;

(b) what fact he is asking the suspect to account for;
(c) that he believes this fact may be due to the suspect's
taking part in the commission of the offence in question;
(d) that a record is being made of the interview and may be given in evidence if he is
brought to trial.

8. (1) If the suspect raises any objection to the interview being tape recorded either at the
outset or during the interview or during a break in the interview, the officer shall
explain the fact that the interview is being tape recorded and that the suspect's
objections shall be recorded on tape.

(2)(a) When any objection has been recorded on tape or the suspect has refused to have
his objection recorded, the officer may turn off the recorder.

(b) In this eventuality he shall say that he is turning off the recorder and give his
reasons for doing so and then turn it off.

(3) The officer shall then make a written record of the interview.

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 (4) If, however, the officer reasonably considers that he may proceed to put questions
to the suspect with the tape recorder still on, he may do so.

9. If the suspect indicates that he wishes to tell the police officer about matters not directly
connected with the offence of which he is suspected and that he is unwilling for these
matters to be recorded on tape, he shall be given the opportunity to tell the police about
these matters after the conclusion of the formal interview.

10.(1) When the recorder indicates that the tapes have only a short time left to run, the
officer shall tell the suspect that the tapes are coming to an end and round off that
part of the interview.

(2) If the officer wishes to continue the interview but no second set of tapes is readily
available, he shall obtain a set.

(3) The suspect shall not be left unattended in the interview room.

(4) The officer will remove the tapes from the recorder and insert the new tapes which
shall be unwrapped or otherwise opened in the suspect's presence.

(5)(a) The recorder shall then be set to record on the new tapes.
(b) Care must be taken, particularly when a number of sets of tapes have been used,
to ensure that there is no confusion between the tapes.
(c) This may be done by marking the tapes with an identification number immediately
after they are removed from the recorder.

11.(1) When a break is to be taken during the course of an interview and the interview
room is to be vacated by the suspect, the fact that a break is to be taken, the
reason for it and the time shall be recorded on tape.
(2) When there is a break in questioning under caution the interviewing officer must
ensure that the person being questioned is aware that he remains under caution

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 and of his right to legal advice. If there is any doubt the caution must be given again
in full when the interview resumes.

12.(1) If there is a failure of equipment which can be rectified quickly, for example by
inserting new tapes, the appropriate procedures set out in paragraph 10 shall be
followed, and when the recording is resumed the officer shall explain what has
happened and record the time the interview resumes.

(2) If, however, it will not be possible to continue recording on that particular recorder
and no replacement recorder or any other recorder in another interview room is
readily available, the interview may continue without being recorded. In such
circumstances, the interview may be proceeded with in writing.

13. The whole of each interview shall be recorded at the conclusion of the interview, the
suspect shall be offered the opportunity to clarify anything he has said and to add
anything he may wish.

14.(1) One tape, referred to herein as the master tape, wi11 be sealed before it leaves the
presence of the suspect.
(2) A second tape will be used as a working copy. The master
tape is either one of the two tapes used in a twin deck machine or the only tape
used in a single deck machine.
(3) The working copy is either the second tape used in a twin deck
machine or copy of the master tape made by a single deck machine.

15.(1) At the interview, including the taking and reading back of any written statement, the
time shall be recorded and the recorder switched off.
(2) The master tape shall be sealed with a master tape label and treated as an exhibit.
(3) The officer shall sign the label and ask the suspect and any third party present to
sign it also.
(4) If the suspect or third party refuses to sign the label, another appropriate officer
shall be called into the interview room and asked to sign it.

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16. The officer shall make a note in writing of the fact that the interview has taken place
and has been recorded on tape, its time, duration and date and the identification
number of the master tape.

17.(1) The officer in charge of each police station at which interviews with suspects are
recorded shall make arrangements for master tapes to be kept securely and their
movements accounted for on the same basis as other material which may be used
for evidential purposes.

(2) (a) A police officer has no authority to break the seal on a master tape which is
required for criminal proceedings.

(b) If it is necessary to gain access to the master tape, the police officer shall arrange
for its seal to be broken in the presence of the suspect and his legal adviser.

(c) The suspect or his legal adviser shall be informed and given a reasonable
opportunity to be present.

(d) If the suspect or his legal representative is present the suspect shall be invited to
reseal and sign the master tape.

(e) If he refuses or is absent this shall be done by the police officer in the presence of
another officer not below the rank of Superintendent of Police.

(3) In all other cases, the master tape shall be kept securely under lock and key under
the responsibility of an officer designated for that purpose until it is removed for
production in Court.

Added by [Act No. 4 of 1999]

----------

FOURTH SCHEDULE
THIRD SCHEDULE

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 (section 198)

SUPREME COURT RULES 2000

INDEX

1. Title

Part I - Commencement of Proceedings

2. Initiation of proceedings
3. Contents of plaint with summons
4. Lodging of plaint with summons
5 Methods of service
11. Service by post
12. Alternative methods of service
13. Return of plaint with summons
14. Non-appearance of defendant before date of hearing

Part II - Pleadings

15. Particulars of plaint with summons

16. Plea and counter claim
17. Reply
13. Contents of pleadings
14. Filing of pleadings
15. Striking out pleadings
16. Pleadings calculated to embarrass and mislead
17. Amendments of pleadings

Part III – Different actions or parties

18. Joinder of actions

19. Addition and substitution of parties
20. Action initiated in the name of a wrong party

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21. Suggestion of record

Part IV - Case in shape

22. Proceedings by way of affidavit

23. Case readiness for trial
24. Error in proceedings

Part V – Evidence

25. Summons to witness

26. List of witnesses
27. Additional Witnesses in rebuttal
28. Additional documentary evidence
28. Admissibility of documentary evidence
29. Evidence given at trial
31. Enquiry as to genuineness of deed

Part VI – Trial

32. Brief
33. Non appearance of Plaintiff
34. Non-suit or dismissal
35. Setting aside Motion
36. Examination on personal answers
37. Interpleader
38. Third party procedure
39. Payment into Court

Part VII – Judgments

40. Cross-judgments
41. Copies of Judgments and other documents
42. Writ to issue

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43. Execution to levy
44. Clerical mistakes

Part VIII- Miscellaneous

45. New trial

46. Notice of preliminary objection
47. Meaning of Judge
48. Reference to Court by a judge
49. References to Ministere Public
50. Record and documents to be handed to State Attorney
51. Abridgement or extension of time
52. Review of Master's decision
53. Safekeeping of records
54. Office copies of evidence

Part IX - Court business

55. Sittings of the Court

56. Terms of business
57. Vacation sittings
58. Business at Chambers
59. Continuation of cases
60. General Cause List
61. Weekly Cause Lists

1. Title

These rules may be cited as the Supreme Court Rules 2000.

Part I - Commencement of proceedings

2. Initiation of proceedings

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 (1) Except as otherwise provided for under any enactment, and subject to paragraph
(2), civil and commercial proceedings before the Supreme Court sitting in its original
jurisdiction (other than the Bankruptcy Court) shall be initiated by way of plaint with
summons.

(2) An action may be initiated by way of motion supported by affidavit where –

(a) the action is one for a prerogative Order;

(b) the circumstances require urgency; or

(c) it is so prescribed in these rules.

(3) Except as otherwise provided under any other enactment, an action before the
Judge in Chambers, including an application formerly entered by way of petition to
be heard on the merits before the Judge, shall be initiated by way of proecipe and
affidavit.

(4) An action for a prerogative order shall be governed by the practice prevailing for the
time being in the Courts of England and Wales.

(5)(a) Subject to paragraph (b), no objection shall be allowed on the ground that
the wrong procedure has been adopted for initiating any process

(b) The Master or the Court may direct that the pleadings be redrafted for the
purpose of complying with the correct procedure and of identifying the real
issue between the parties

3. Contents of plaint with summons

(1) A plaint with summons shall-

(a) state the names, occupations and addresses of

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 the parties;

(b) state the substance of the cause of action;

(c) call upon the defendant or other party to appear before the Court on a date
and time specified in the summons, hereinafter referred to as "the returnable
date";

(d) be accompanied by a notice describing the documentary evidence which the

plaintiff intends to adduce at the hearing and indicating where the
documents may be examined within a reasonable time before the hearing.

(3) Every plaint with summons shall be endorsed with the full name, office address and
stamp of the plaintiff's attorney which shall be the elected domicile of the plaintiff.

(4) Every plaint shall specify -

(a) the purpose of the appearance of the defendant or other party;

(b) that a failure by the defendant or other party to appear or be represented

may result in the Court delivering judgment against him in favour of the
plaintiff in terms of the plaint;

(5) Any misnomer or inaccurate description of any person or place in any plaint or
summons shall not vitiate any process where the person or place is described so as
to be commonly known.

4. Lodging of plaint with summons

(1) The plaint with summons shall -

(a) be lodged in the Registry;

(b) be numbered according to the order in which

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 it is lodged;

(2) Every summons shall bear the signature of the Master and the stamp of the Court;

(3) Every plaint with summons shall be served upon the defendant or other party not
later than 14 clear days before the returnable date.

5. Methods of service

(1) Service of Process may be effected by -

(a) registered post with a request for advice of delivery; or

(b) an usher.

(2) Any process shall be drawn up and signed by the party's attorney and served in
accordance with paragraph (1).

(3) Subject to any enactment, where a party is represented by an attorney, service of

the process in the action and in all related matters may be effected on the attorney
up to the date of judgment in the action.

(4) Any answer made on occasion of the service of process may be addressed in
writing to the attorney who has caused the process to be issued.

6. Service by post

(1) Where the summons or other document is to be effected in accordance with rule
5(l) (a), it shall be posted in an envelope on which there is a notice that if the
envelope is undelivered it shall be returned to the attorney whose name shall
appear on the envelope.

(2) The attorney shall fi le in the Registry a declaration which shall -

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 (a) contain the name and address of the party on whom the process is to be
served;

(b) be accompanied by -

(i) the certificate of posting; and

(ii) in the case of delivery, the advice of delivery.

(3) Where the summons or other document is returned undelivered, the attorney shall
proceed with the service by an usher.

7. Alternative methods of service

Where it appears to the Court that there is good reason to authorise service by a method
not provided for in rule 5, the Court may make an order permitting substituted service by -

(a) affixing the document to be served at the door of the party's last known residence
or business address;

(b) publication in a daily newspaper; or

(c) any other appropriate method of service.

8. Return of plaint with summons

The plaint with summons shall be returnable before the Master, who shall have jurisdiction
to deal with all formal matters arising prior to the hearing of a case, including any dispute
arising out of or in connection with particulars and inspection of documents.

9. Non-appearance of defendant before date of hearing

(1) Where, on the returnable date, or at any continuation or adjournment of a case prior
to the hearing, the defendant or other party-

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 (a) does not appear or is not represented;

(b) neglects to answer when called; or

(c) does not sufficiently, excuse his absence or

failure to answer,

the Master shall, upon proof of the service of the summons, refer the case to be
heard by the Court on a day to be fixed by him.

(2) Where a case has been fixed under paragraph (1), no notice of the day of the trial
shall be required to be served upon the defendant or other party.

(3) (a) The defendant or other party may apply to the Court to have any judgment
entered against him recalled and the case reinstated.

(b) The Court may, where the application under subparagraph (a) is made on
the day judgment is entered and on good cause shown, recall the judgment
and reinstate the case.

Part II - Pleadings

10. Particulars of plaint with summons

The defendant or any other party may apply for such particulars of the plaint as he may
require and for inspection of any document which the plaintiff proposes to adduce in
evidence.

10. Plea and counter claim

(1) Where all particulars have been filed and documents communicated in accordance
with rule 10, the defendant or other party shall file his plea.

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 (2) The defendant may include a counterclaim in his plea.

(3) The plea and the counterclaim, if any, shall be -

(a) accompanied by a notice describing the documentary evidence which the

party intends to adduce at the hearing of the case; and

(b) indicate where the documents may be examined within a reasonable time
before the hearing of the case.

(4) The plaintiff may apply for such particulars of the plea or counterclaim and for
inspection of any document which the defendant or other party intends to adduce in
evidence.

(5) The plaintiff shall also file a plea to the counterclaim on a day to be fixed by the
Master.

12. Reply

Except for a reply which may be filed solely in response to the averments of the plea, no
further pleading shall be allowed.

13. Contents of pleadings

(1) Every pleading shall clearly and distinctly state all matters of fact that are necessary
to sustain the plaint, plea or counterclaim as the case may be.

(2) No pleading shall contain any statement that need not be proved

(3) No pleading shall state any fact -

(a) which the law presumes in favour of the party pleading;

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 (c) in relation to which the burden of proof lies on the other party,

unless the fact has been specifically denied.

14. Filing of pleadings

All pleadings and particulars shall be filed before the Master and copies communicated to
all the parties.

15. Striking out pleadings

(1) Where any pleading contains a statement which is –

(a) unnecessary;

(b) made vexatiously; or

(c) made with unnecessary prolixity,

the Court or the Master may strike out that pleading or amend it
with or without costs.

(2) The Court may after hearing any interested party order any pleading to be struck
out where it discloses no reasonable cause of action or answer.

(4) The Court may after hearing any interested party, order an action to be stayed or
dismissed, or judgment to be entered on such terms as may be just and
reasonable, where the plaint, the plea or the counterclaim, as the case may be, is -

(a) frivolous, scandalous or vexatious;

(b) an abuse of the process of the Court.

16. Pleadings calculated to embarrass or mislead

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 (1) Where any pleading is, by reason of its duplicity, argumentativeness, uncertainty,
omission, defect, lack of form or other imperfection, framed in a way to embaras or
mislead the other party, the latter may apply to the Master to have the pleading
amended.

(2) Upon hearing the parties, the Master may order the appropriate party to amend the
pleadings in such manner and on such terms as he may direct.

(3) Where the party fails to amend the pleadings as ordered by the Master, the pleading
shall be struck out.

(4) Nothing in these rules shall be deemed to prevent alternative pleadings, including
the pleading of averments in tort or alternatively in contract.

17. Amendments of pleadings

(1) The Master May grant the amendment of any pleading and the Court may at the
hearing of a case grant an amendment of any pleadings, in such manner and on
such terms as may be just and reasonable, for the purpose of determining the real
question in controversy between the parties.

(2) An application for an amendment under paragraph (1) shall be made by way of
motion.

(3) Where a pleading is amended by order of the Master or the Court, the pleading
shall be redrawn in its amended form.

(4) The Master or the Court shall deal with the issue of costs, as he thinks fit.

(5) The Master or the Court may, in all cases, set aside frivolous or vexatious pleadings
amended in pretended compliance with an order to amend.

Part III - Different actions or parties

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18. Joinder of actions

(1) Subject to paragraph (2), different causes of action of whatever nature by and
against the same parties and in the same rights may be joined in the same suit.

(2) The Master or the Court may order separate records to be made and separate trials
to be held, if it is inexpedient to hold the trial of the different causes of action
together.

19. Addition and substitution of parties

(1) Any misjoinder or non-joinder of parties shall not defeat any cause of action and the
Court may deal with the matter in controversy so far as regards the rights and
interests of the parties actually before it.

(2) The Master or the Court may, at any stage of the proceedings, on the application of
any party and on such terms as may appear to the Master or to the Court to be just,
order the names of a party who-

(a) Has been improperly joined be struck out;

(b) ought to have been joined, or whose presence before the Court may be
necessary in order to adjudicate upon and settle all questions involved in the
case be added.

(3) Every party whose name is added pursuant to paragraph (2) shall be served a
notice in such manner as may be ordered by the Master or the Court.

(4) The proceedings shall be deemed to have been initiated against the new party on
the date of the service of the notice.

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 (5) Any application to add or strike out or substitute any party may be made to the
Master, at any time before the trial, with notice to the other party, or to the Court at
the trial of the action.

20. Action initiated in the name of a wrong party

Where -

(a) an action has been initiated in the name of the wrong person as one of the parties

(b) it is doubtful whether an action has been initiated in the name of the right party.

the Master or the Court may on being satisfied that -

(i) the action has been so initiated through a bona fide mistake; and

(ii) it is necessary for the determination of the real matter in dispute,

order any other person to be substituted or added as a party upon such terms as may be
just and reasonable.

21. Suggestion of record

(1) Where the interest or liability of any party to an action is assigned or transmitted to,
or devolved on, some other person, the Master or the Court may, on a motion by
any party or that other person, order that the other person be made a party to the
suit.

(2) Notice of the motion shall be served on all the parties to the case.

(3) The applicant shall within 4 weeks of the order serve a copy of the order made
under paragraph (1) and a copy of the plaint with summons on every other person
who is, or has become, a party to the suit.

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 (4) Where an order is made pursuant to paragraph (1), the Master or the Court may
allow the pleadings to be amended in such manner, as he or it thinks fit.

Part IV - Case in shape

22. Proceedings by way of affidavit

These rules shall apply to any proceedings initiated before the Court by way of motion or
before a Judge by way of proecipe as if -

(a) a reference to the plaintiff was construed as a reference to the applicant;

(b) a reference to the defendant was construed as a reference to the respondent;

(c) the affidavits exchanged between the parties constituted the pleadings in the case.

23. Case readiness for trial

(1) Where the Master is satisfied that all incidents of pleadings in a case before the
Court have been dealt with and that the case is ready to be heard on its merits, he
shall order that the case be placed on the list of cases awaiting trial, except where,
owing to urgency, the Chief Justice considers that the case must be immediately
fixed for hearing.

(2) Where the judge is satisfied that all incidents of exchanges of affidavits have been
dealt with and a case is ready to be argued before him on the merits, he shall fix the
case to be heard on the merits on such date as he thinks fit.

24. Error in proceedings

(1) Where a case is fixed for trial, the Master or the Court may at any time, and on such
terms as to costs or otherwise as he or it thinks fit, amend any defect or error in any
proceedings.

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 (2) Any such amendment shall be made for the purpose of determining the real
question or issue raised by or depending on the proceedings.

Part V – Evidence

25. Summons to witness

Any party to a case may apply to the Master for the issue of a summons to witnesses, with
or without a clause requiring the production of books, deeds, papers and writings in their
possession or control, and any number of witnesses may be included in the summons.

26. List of witnesses

(1) Where a party wishes to examine a witness, he shall serve on every other party a
list of those witnesses including their occupation and addresses at least one day
prior to his application for a summons.

(2) An application for a summons to issue to secure the attendance of a witness and if
necessary, the production of a document or other article shall, unless the Master or
the Court otherwise orders, on good cause shown, be made not later than 8 days
before the date fixed for the trial.

27. Additional Witnesses in rebuttal

(1) Where any party wishes to examine any witness to rebut any fact to be proved by
another party, he may apply to the Master for the issue of a summons.

(2) The party shall give notice of the names of his witnesses, occupation and address
to every other party at least one day before the date fixed for the trial.

28. Additional documentary evidence

Where any party intends to adduce any documentary evidence, in addition to those
specified in rules 3 and 11, he shall not, later than 4 weeks before the hearing, unless

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 agreed otherwise by the parties, served on the other party's attorney a notice signed by his
attorney, describing the documents and stating, where the documents may be examined.

29. Admissibility of documentary evidence

(1) Every notice of documentary evidence shall contain an invitation to every other
party calling upon him to agree in writing that he admits such evidence to be what it
appears to be, namely that a document which is stated to –

(a) be an original was written, signed or executed as it purports to have been;

(b) be a copy is a true copy; and

(c) have been served, sent or delivered,

(2) Where the other party does not signify his agreement within a reasonable time, the
Court may order that the costs of proving a document, which is sufficiently proved
at the trial, be paid by that party, whatever may be the result of the case.

30. Evidence given at trial

(1) No party shall at the trial of a case, of any demand or cause of action adduce any
evidence other than that which relates to the facts as averred in the pleadings.

(2) All evidence shall in each case be kept by the Master in the custody of the Court.

31. Enquiry as to genuineness of deed

An enquiry as to the genuineness of a deed, whether it is a deed under private signatures

or an authentic deed, shall be made in open Court by way of plaint with summons.

Part VI – Trial

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32. Brief

(1) The attorney for the Plaintiff shall apply to the Registry for a certified copy of the
pleadings and all entries on record in the case.

(2) The attorney shall prepare and file in the Registry not later than 14 days before the
hearing, a brief of the record, according to the certified copy in as many copies as
needed and forward a copy thereof to every other party.

(3) Except where the judge otherwise orders, the applicant's attorney shall, in a case to
be heard by the judge in chambers, prepare and file with the judge's secretary, not
later than 8 days before the hearing, a brief of the record and forward a copy to
every other party.

33. Non appearance of Plaintiff

(1) Subject to paragraph (2), where on the returnable date of any plaint or motion, or at
any continuation or adjournment of the case, the plaintiff or applicant does not
appear or is not represented, the case shall be struck out.

(2) Where the plaintiff does not appear, but the defendant or his representative
appears and admits the cause of action and pay the fees payable in the first
instance by the plaintiff, the Court may, if it thinks fit, give judgment as if the plaintiff
has appeared.

34. Non-suit or dismissal

(1) Where, at the hearing of the case by the Court, the plaintiff appears, but does not
make proof of his claim to the satisfaction of the Court, the Court may -

(a) non suit the plaintiff, dismiss the claim, or give judgment for the defendant
on the counterclaim, if any; and

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 (b) award to the defendant, by way of costs and satisfaction for his trouble and
annoyance such sum as the Court thinks fit.

(2) The defendant may recover any sum referred to in paragraph (1)(b) from the
plaintiff as any debt or damage ordered to be paid by the Court.

35. Setting aside Motion

Where, at the hearing of a motion of the Court, the applicant appears but does not prove
his case to the satisfaction of the Court, the Court may set aside the motion with or without
costs.

36. Examination on personal answers

(1) Where a party intends to call another party to give his unsworn personal answers,
he shall apply ex-parte to the Master for an order summoning to do so.

(2) Where the party to be examined on personal answers is a corporate body, only a
person who can legally represent the body may be summoned, and a list of
questions to be put to the body shall be served upon it.

(3) The Master shall on good cause shown, order the other party to appear before the
Court for his examination on personal answers.

(4) The order and in the case of a corporate body, the list of questions shall be served
upon the other party at least 5 days before the date fixed for the examination on
personal answers.

(5) Where the other party who has been duly summoned does not appear, his
attendance may be enforced in the same way as in the case of a witness.

(6) Notwithstanding paragraph (1), any party may at the hearing of a case, where the
other party is present, move the Court to call the other party to be examined on his
personal answers.

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 (7) The party giving his personal answers shall not be required to be sworn or to take
an oath when examined as a witness and Counsel may put any question which the
Court considers proper and relevant to the matter in issue between the parties.

(8) The party giving his personal answers shall not, while under examination,
communicate with his Counsel or attorney.

(9) After the examination on personal answers, the Court may proceed to hear the
case.

37. Interpleader

(1) Where a person claims that any goods or chattels, or the proceeds thereof that
have been seized and or sold in execution of a judgment, are his property, he may
lodge an opposition into the hands of the usher carrying out the execution,
requesting him not to proceed with the sale of the property or with the payment of
the proceeds of such sale to the execution creditor.

(2) The notice of opposition shall set out the grounds on which it is made.

(3) The usher shall refer the notice to the Master.

(4) The claimant shall pay the costs of the proceedings relating to his opposition.

(5) The summons shall issue not later than 3 days after the claimant has deposited the
costs.

(6) Where the claimant has paid the necessary costs the Master shall issue a
summons to the execution creditor, to the claimant, and the judgment debtor calling
upon them to appear before the Court on a day fixed in the summons.

(7) The Court shall adjudicate upon the claim, and may make such order including an
order for the costs of the proceedings, as it thinks fit.

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 (8) The Court shall enforce any order made under paragraph (7) like any order made in
any suit.

38. Third party procedure

(1) Where in any action before Court or in Chambers, a defendant or a respondent, as

the case may be, intends -

(a) to claim against a person not already party any relief or remedy relating to or
connected with the original subject matter of the action and substantially the
same as some relief or remedy claimed by the plaintiff; or

(b) to require that any question or issue relating to or connected with the
original subject matter of the action should be determined not only between
the plaintiff and the defendant or between the applicant or respondent but
also as between either or both of them and a person not already a party to
the action,

he may, in the same way as the original action was entered, enter an action setting
out the nature of the claim made against him and, as the case may be, the nature
and grounds of the claim made by him or the question or issue required to be
determined.

(2) The defendant or the respondent shall lodge the third party procedure prior to the
filing of the plea.

(3) Where a third party procedure is served on the person against whom it is issued,
such procedure shall be consolidated with the original action, the third party shall as
from the time of service be a party to the action with the same rights in respect of
his defence against any claim made against him in the third party procedure.

(4) Pleadings shall thereafter be exchanged between the parties and the third party.

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 (5) Any person not a party to an action before a Court or in Chambers may intervene in
the action Provided he has obtained leave to do so from a Judge on good cause
shown.

(6) Any party to an action as well as any third party joined in the action may claim relief
against any other party.

39. Payment into Court

(1) A defendant may offer to pay into Court such sum of money in full satisfaction for
the claim of the plaintiff, together with the
costs incurred by the plaintiff up to the time of the payment.

(2) Notice of the offer shall be given to the plaintiff personally.

(3) The money shall either be paid in Court by cash or office cheque or deposited to a
special account as may be directed by the Judge or Court.

(4) The Plaintiff may elect to proceed with his case if he does not agree with the
amount tendered by the defendant.

(5) Where the plaintiff does not obtain judgment for an amount more than that paid into
Court, the Court shall order the plaintiff to pay to the defendant the costs incur red
by him after the payment.

Part VII – Judgments

40. Cross-judgments

Subject to the rights of third parties, where there are cross-judgments for sums of money
between the parties, execution shall betaken out by that party only who has obtained
judgment for the larger sum, and for so much only as shall remain after deducting the
smaller sum, and satisfaction for the balance shall be entered as well as satisfaction on the

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 judgment for the smaller sum, and where both sums are equal, satisfaction shall be
entered on both judgments.

41. Copies of judgments and other documents

The Master shall, upon payment of a specified fees issue to any party a certified copy of
the judgment or any other document in a case that may be required.

42. Writ to issue

(1) Where a party has obtained judgment in his favour, he may apply to the Master,
after 21 days from the date of the judgment, for a writ of execution in such form as
the Master may specify.

(2) The writ shall be executed by an usher of the Court without any other formality.

(3) The fees and expenses of the execution shall be levied over and above the sum
recovered by the judgment.

(4) Notwithstanding paragraph (1), a Judge or the Court may order the writ of execution
to issue at an earlier period or to be stayed for such time as he or it thinks fit.

43. Execution to levy

(1) Where the Court has given a judgment or made an order for the payment of money,
the Master shall, at the request of the party who has obtained the judgment or
order, issue under the seal of the Court a warrant of execution in such form as he
may specify.

(2) Where the judgment was given or order made on default, or without appearance,
the warrant of execution shall be issued to an usher who shall not be the same who
served the plaint.

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 (3) The levy in the case of a default judgment or order shall be made within 6 months
from the date of the judgment or order, failing which the judgment or order shall
cease to have effect.

44. Clerical mistakes

Clerical mistakes in pleadings, orders or judgments owing to any accidental slip or

omission, may at any time be corrected by the Court or by the Master on a motion made to
that effect in presence of all parties.

Part VIII – Miscellaneous

45. New trial

(1) The Court may grant an application for a new trial whether judgment has been
given in the presence or in the absence of any other party where it is satisfied that-

(a) fraud, violence, or error has been committed;

(b) new evidence, which was not available or which was not within the
knowledge of the party at the time of the hearing, has come to light; or

(c) it is necessary in the opinion of the Court to do so for the ends of justice.

(2) An application for a new trial shall be made by way of motion and shall contain a
prayer for the stay of execution of the judgment.

(3) Notice of the motion shall be served upon all other parties not later than 7 days
before the returnable date.

(4) Where the Court grants the application, it shall -

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 (a) set aside any judgment given, and the execution thereon upon such terms
and conditions as it thinks fit for the payment of costs and the furnishing of
security; and

(b) order the original case to be reinstated and heard anew by the Court.

(5)(a) The Master may, on the application of any party, order

that amended pleadings be filed in the case before it is heard anew.

(c) The new trial shall proceed as if it were the original trial.

46. Notice of preliminary objection

Where, on an appeal, the respondent or other party intends to raise a preliminary objection,
he shall not later than 3 days before the hearing serve on the appellant a notice setting out
the objection.

47. Meaning of Judge

Any reference in these Rules to a judge shall, unless the context

otherwise indicates, means a Judge in Chambers.

48. Reference to Court by a judge

Where pursuant to section 71(2) of the Courts Act, a judge refers the parties to the
competent court, any party may make an application to the Court by way of motion.

49. References to Ministere Public

(1) Where the Court has referred a case to the Ministere Public, the Master shall
transmit all records and any other related document submitted by the parties to the
Ministere Public.

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 (2) The Ministere Public shall deliver its conclusions within such time as the Court may
determine.

50. Record and documents to be handed to State Attorney

(1) Where the State Attorney requires any record or document from the Registry, he
shall submit an application to the Master.

(2) Where the application is granted, no fee shall be payable in respect of the record or
document.

51. Abridgement or extension of time

The Master, Judge or Court may, at any time, make an order on good cause shown for
shortening the periods for appearances, pleadings, hearings and all proceedings, and for
granting time to any party to proceed in the suit.

52. Review of Master’s decision

(1) Any party who is dissatisfied with a decision of the Master in the exercise of his
powers under these rules may within 21 days of such decision apply in writing
to the Chief Justice for a review of the decision before a Judge.

(2) Notice of the application shall be served upon every other party within 21 days
of the decision.

(3) Within 14 days of receipt of the notice, any party wishing to resist the
application shall communicate to the Chief Justice his grounds of objection with
copy to every other party.

(4) The Chief Justice shall refer the matter to a Judge designated by him to
conduct the review.

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 (5) The review shall be conducted without any oral hearing but the Judge may, if
he deems necessary, request that written submissions be forwarded to him on
any point on which he wishes to be enlightened.

(6) The Judge may amend, affirm or set aside the decision of the Master.

(7) No appeal shall lie against the decision of a Judge following such review.

Amended by [GN No. 60 of 2019]

53. Safekeeping of records

(1) The record of all Court cases shall consist of all pleadings, evidence and
documents filed and the judgment to be endorsed thereon with such entries by the
Master as may be necessary.

(2) The record referred to in paragraph (1) shall be kept in the order of its number at
the Registry.

(3) The record of all Chambers cases shall be kept in such manner as the Master may
direct.

(4) For the purpose of this rule, record includes all means by which a record of the
Court is kept.

54. Office copies of evidence

The Master or the Court may, on sufficient ground shown to his or its satisfaction, direct the
Registrar to make out and deliver an office copy of any evidence to an applicant on
payment of the-specified fee.

Part IX - Court business

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55. Sittings of the Court

Sittings of the Court may be held at any time, whether in term or vacation, at the discretion
of the Court.

56. Terms of business

(1) There shall be in every year 3 terms of approximately 3 months' duration each for
the despatch of business in the Court.

(2) The date on which any term begins and ends shall be fixed by the Chief Justice and
notified in the Gazette.

57. Vacation sittings

The Court may sit in vacation at the discretion of the Chief Justice for the determination of
part-heard cases or of such other matters as may in the opinion of the Chief Justice or a
Judge require prompt despatch.

58. Business at Chambers

Unless otherwise ordered, business at Chambers, including hearing shall take place -

(a) in term time, at 9.30 a.m.;

(b) in vacation, on Mondays, Wednesdays and Fridays at 10.00 a.m.

59. Continuation of cases

The Court may direct that any case or matter pending before it shall be mentioned before
the Master to be fixed for continuation.

60. General Cause List

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 The Master shall before the commencement of each term, prepare a General Cause List of
cases pending before the Supreme Court, under the heading of the various sections and
divisions thereof, and cause the list to be posted up at some conspicuous place in the
Court House.

61. Weekly Cause Lists

A list of cases to be heard before the Supreme Court during any ensuing week shall be
prepared and posted up by the Master at such time before the beginning of the week as
the Chief Justice shall direct.

---------------------------
FIFTH SCHEDULE
[Section 200]

LEGAL FEES AND COSTS RULES 2019

1. These rules may be cited as the Legal Fees and Costs Rules 2019.

2. In these rules —

“taxing officer” means —

(i) in respect of the Supreme Court, the Bankruptcy Court, the Master’s Court and the
Judge in Chambers, the Master;

(ii) in respect of any other court, the clerk of the court designated by the Presiding
Magistrate or Magistrate, as the case may be.

3. There shall be paid into the Consolidated Fund, by the attorney of the party concerned or,
where no attorney is retained, by the party, the fees specified in Part A of the Schedule —

(a) in respect of every matter specified in paragraphs I and Ill; and

(b) in respect of every matter specified in paragraph II where the claim is more than 5,000

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 rupees.

4. (a) Subject to paragraphs (b) and (c), no person shall be entitled to any costs, other than
disbursements incurred pursuant to rule 3, except in accordance with Part B of the
Schedule.

(b) The taxing officer shall, unless the parties concerned otherwise agree, determine the
amount allowable pursuant to paragraph (a) where —

(i) it is expressed as a variable; or

(ii) the monetary value of the subject matter is not determined.

(c) An attorney who acts as mandator ad negotia shall, in addition to his costs, be entitled
—

(i) to such fair and reasonable remuneration as may have been agreed with his client;
or

(ii) in the absence of such agreement, to such fair and reasonable remuneration as
may be determined by the taxing officer.

5. There shall be paid to the other party to the case such adjournment costs or wasted costs as
may be ordered by the Magistrate, Master, Judge in Chambers or Court in accordance with Part C
of the Schedule.

___________________

SCHEDULE
[Rules 3, 4 and 5]

PART A
[Rule 3]

FEES

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 I. Supreme Court, Master’s Court and Judge in Chambers
(a) Plaint with Summons 3,500 rupees
(aa) Petition to the Bankruptcy Division 3,500 rupees
(b) Sale by levy and judicial sale 3,500 rupees
(c) Application for outbidding 3,500 rupees
(d) Master’s Bill (payable by the adjudicatees) 3,500 rupees
(e) Appeal 3,200 rupees
(f) Counter Claim 3,100 rupees
(g) Division in Kind / Licitation 2,150 rupees
(h) Any other incidental application to a sale of immovable 1.500 rupees
property, Division in kind or licitation (except for
application for outbidding)
(i) All motions (except in the Family Division) 1,500 rupees
(j) Application before the Judge in Chambers 1,500 rupees
(k) Petition / Cross-Petition (Divorce or judicial Separation), 1,150 rupees
Adoption
(l) Motions in the Family Division 900 rupees
(m) Acceptance, deposit or renunciation in relation to a 900 rupees
succession
(n) Filing a Plea or otherwise putting in an Appearance / 500 rupees
Notice of objections
(o) Any other process initiated (e.g. rule, writ, subpoena, 500 rupees
seizure or execution) otherwise than at Assizes
(p) Usher’s fees:
(i) every original of an inventory, and every other 2,500 rupees
memorandum
(ii) for an extra judicial act 600 rupees
(iii) every other service 400 rupees
(q) Legalisation/Seal (embossed) 200 rupees
(Sceau)/Visa/Signing Judgment
Amended by [GN No. 40 of 2020]

II. Any Other Court

(a) (1) Industrial court and Intermediate Court

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 (i) Plaint or Writ of Summons 1,200 rupees
(ii) Any Other Process 600 rupees
(2) District Court
(i) Plaint or Writ of Summons 1,000 rupees
(ii) Any Other Process 500 rupees
(b) Notice of Appeal:
(i) Industrial Court 750 rupees
(ii) Intermediate Court 1,000 rupees
(iii) District Court 750 rupees
(c) Filing a plea or otherwise putting an appearance except
in criminal proceedings:
(i) Industrial Court 500 rupees
(ii) Intermediate Court 500 rupees
(iii) District Court 300 rupees
(d) Usher’s fees:
Every Service:
(i) Industrial Court 200 rupees
(ii) Intermediate Court 400 rupees
(iii) District Court 250 rupees

(e) Every memorandum 700 rupees

(f) Service by Avis De Réception 100 rupees

Amended by [GN No. 40 of 2020]

III. General (all Courts)

(a) Entry on roll of law practitioners 5,000 rupees
(b) Affixing seals 2,000 rupees
(c) Interpreter’s fee:
1) for attendance daily:
(i) Supreme Court 1,310 rupees
(ii) Industrial and Intermediate Court 970 rupees
(iii) District Court 630 rupees

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 2) for explanation or translation for each A4 page 50 rupees
(d) Deposit of Power of Attorney/ Certificate of no appeal 500 rupees
(e) Search 200 rupees per search
(f) Reference to Ministère Public 150 rupees
(g) Every other extra-judicial act 200 rupees
(h) Payments made into Court 150 rupees
(i) On the amount of a taxed Bill of Costs 100 rupees
(j) Drawing up of any recognisance 500 rupees
(k) Drawing up a copy or transcript or 5 rupees
extract, for each page
(l) Drawing up of a certified copy or 10 rupees
transcript or extract, for each page

Amended by [GN No. 40 of 2020]

PART B
[Rule 4]

I. Supreme Court, Bankruptcy Court, Master’s Court and Judge in Chambers

A. Counsel’s fee:
(a) For an extra judicial act 1,000 to 5,000 rupees
(b) for any case —
(i) in undefended proceedings 5,000 rupees
(ii) in defended proceedings 10,000 rupees
B. Attorney’s fee:
The fee payable shall be the same as for counsel.
C. Expert witness fee (in the case of professional services 1,000 rupees
such as those of a medical practitioner, surveyor,
valuer, accountant, liquidator, trustee, or receiver)
Amended by [GN No. 40 of 2020]

II. Any other Court

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A. Counsel’s fee:
(a) for an extra judicial act 1,000 to 3,000 rupees
(b) for any case —
(i) in undefended proceedings 2,000 rupees
(ii) in defended proceedings 5,000 rupees
B. Attorney’s fee:
The fee payable shall be the same as for counsel.
C. Expert witness fee (in the case of professional services 1,000 rupees
such as those of a medical practitioner, surveyor,
valuer, accountant, liquidator, trustee, or receiver)

Amended by [GN No. 40 of 2020]

PART C
[Rule 5]
COSTS

I. Supreme Court, Bankruptcy Court, Master’s Court and Judge in Chambers

(a) Adjournment costs not exceeding
10,000 rupees
(b) Wasted costs not exceeding
20,000 rupees

II. Any other Court

(a) Adjournment costs not exceeding
5,000 rupees
(b) Wasted costs not exceeding
10,000 rupees

Amended by [Act No. 15 of 2000]; [GN No. 57 of 2019]

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 -------------------------------

SIXTH SCHEDULE
[Sections 41A and 80D]

ENACTMENTS
Asset Recovery Act
Banking Act – Part VIIIA and section 96C
Bank of Mauritius Act – sections 42, 43 and 44
Captive Insurance Act
Companies Act – section 167A(1)
Convention for the Suppression of the Financing of Terrorism Act
Co-operatives Act – section 57(5)
Customs Act – section 131A or 158(1)(a)
Dangerous Drugs Act – section 39
Declaration of Assets Act 2018
Financial Intelligence and Anti-Money Laundering Act
Financial Services Act
Gambling Regulatory Authority Act – section 148(4) or (5) or 113B
Income Tax Act – section 147
Insurance Act
National Payment Systems Act 2018 – section 22
Prevention of Corruption Act – Part II
Prevention of Terrorism Act – section 6
Protected Cell Companies Act
Registration of Associations Act – section 14A, 14B, 14D, 14E, 14F or 14H
Securities Act
Securities (Central Depository, Clearing and Settlement) Act
Trusts Act
United Nations (Financial Prohibitions, Arms Embargo and Travel Ban) Sanctions Act 2019

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Value Added Tax Act – section 58

Amended by [Act No. 9 of 2020]; [Act No. 15 of 2021]

_______________

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