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July 2019 Republic of Mauritius ANNUAL REPORT OF THE JUDICIARY 2018

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Page 1: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

July 2019

Republic of Mauritius

ANNUAL REPORT

OF

THE JUDICIARY

2018

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ANNUAL REPORT

OF

THE JUDICIARY

2018

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i

JUDGES OF THE SUPREME COURT

Year 2018

CHIEF JUSTICE

Honourable Kheshoe Parsad MATADEEN

SENIOR PUISNE JUDGE

Honourable Marc France Eddy BALANCY

PUISNE JUDGES

1. Honourable Asraf Ally CAUNHYE

2. Honourable Hima Nalini MATADEEN

3. Honourable Joseph Gérard ANGOH

4. Honourable Bibi Rehana MUNGLY-GULBUL

5. Honourable Nirmala DEVAT

6. Honourable David CHAN KAN CHEONG

7. Honourable Rita TEELOCK

8. Honourable Prithviraj FEKNA

9. Honourable J Benjamin G MARIE JOSEPH

10. Honourable Oomeshwarnath BENY MADHUB

11. Honourable Aruna Devi NARAIN

12. Honourable Mohammad Iqbal MAGHOOA

13. Honourable Gaitree JUGESSUR-MANNA

14. Honourable Nicholas François OHSAN-BELLEPEAU

15. Honourable Veronique KWOK YIN SIONG YEN

16. Honourable Shameen Banon Ayyub Hamuth LAULLOO

17. Honourable Karuna Devi GUNESH-BALAGHEE

18. Honourable Patrick Michel Tat Kong KAM SING

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ii

Administrative

& Technical

Officers

The Supreme Court Organisation Chart

Judicial Officers

Chief Justice

Master & Registrar

Puisne Judges

Senior Puisne Judge

Deputy Master & Registrar

Secretary to the Chief Justice

Chief

Court Usher

Court

Ushers’

Office

Senior

Court

Officer

Legal Aid

Unit

Manager

Human

Resources

Human

Resource

Unit

Manager

Financial

Operations

Finance

Unit

Senior

System

Analyst

Information

Services

Section

Senior Law

Librarian

Library

Statistician

Statistics

Unit

Senior

Registrar/

Regional Court

Administrator

Registry

Senior

Transcriber

Transcription

Unit

Chief Registrar Deputy Chief Registrar

Senior

Registrar/

Regional Court

Administrator

Internal Control

Unit

Chief Court

Officer/Court

Manager

Master’s

Office

Chief Court

Officer/Court

Manager

Commercial

Division

Chief Court

Officer/Court

Manager

Family

Division

Chief Court

Officer/Court

Manager

Secretary to

Judges’ Office

Principal Court

Officer

Mediation

Division

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Page

The Judiciary 1 - 9

Supreme Court 10 & 11

1.1 - All cases at the Supreme Court, 2015 - 2018 12

1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2015 - 2018 13

1.3 - Offences disposed of by type of offence at the Criminal Division of the

Supreme Court (Assizes), 2015 - 201813

1.3a - Offences disposed of by type of offence and outcome of judgment at the

Criminal Division of the Supreme Court (Assizes), 2015 - 2018 14

1.4 - Appellate Jurisdiction at the Supreme Court, 2015 - 2018 15

1.5 - Civil cases at the Supreme Court, 2015 - 2018 16

1.6 - Divorce cases, Republic of Mauritius, 2015 - 2018 18

1.7 - Divorces/Judicial separations pronounced by number of children involved in

the marriage, Republic of Mauritius, 2015 - 201819

1.8 - Divorces pronounced by petitioning parties and grounds, Republic of

Mauritius, 2015 - 201819

1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),

Republic of Mauritius, 2015 - 201820

1.10 - Civil cases at the Mediation Division of the Supreme Court, 2015 - 2018 21

1.11 - Time to disposition of cases at the Supreme Court, 2018 21

Intermediate Court 22

2.1 - Civil and criminal cases at the Intermediate Court, 2015 - 2018 22

Industrial Court 23

3.1 - Civil and criminal cases at the Industrial Court, 2015 - 2018 23

Bail & Remand Court and Weekend Court 24

4.1 - Cases at the Bail & Remand Court (BRC), 2015 - 2018 24

5.1 - Cases at the Weekend Court, 2015 - 2018 24

District Courts 25

6.1 - Civil and criminal cases at the District Courts, 2015 - 2018 26

6.2 - Criminal cases at the District Courts, 2015 - 2018 27

6.3 - Civil cases at the District Courts, 2015 - 2018 28

HIGHLIGHTS & TABLES

C O N T E N T S

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6.4 - Cases postponed on the day of trial at the District Courts, 2018 29

6.5 - Plaint with summons (civil) cases at the District Courts, 2015 - 2018 30

6.6 - Small Claim Procedure at the District Courts, 2015 - 2018 30

6.7 - State debts cases at the District Courts, 2015 - 2018 31

6.8 - Cases under the Protection from Domestic Violence Act 1997 at the

District Courts, 2015 - 201831

6.9 - Type of Orders under the Protection from Domestic Violence Act 1997 at the

District Courts, 2017 & 201832

6.10 - Protection Orders under the Protection from Domestic Violence Act 1997 at

the District Courts, by spouse/partner and other persons living under the same

roof, 2017 & 2018

33

6.11 - Protection Orders under the Protection from Domestic Violence Act 1997 at

the District Courts, by spouse/partner and other persons living under the same

roof and by sex, 2018

33

6.12 - Protection Orders (spouse/partner) under the Protection from Domestic

Violence Act 1997 at the District Courts, by age-group & sex, 201834

Cases (civil and criminal) in the Republic of Mauritius 36

7.1 - Total cases, Republic of Mauritius, 2015 - 2018 37

7.2 - Total criminal cases, Republic of Mauritius, 2015 - 2018 38

7.3 - Total civil cases, Republic of Mauritius, 2015 - 2018 39

Crime Statistics 41

8.1 - Criminal offences disposed of according to United Nations classification of

offences (broad categories), Republic of Mauritius, 2017 & 201842-43

8.2 - Criminal offences disposed of by courts and outcome of judgment,

Republic of Mauritius, 2017 & 201844

8.3 - Convicted offences according to United Nations classification of offences,

Republic of Mauritius, 2017 & 201846-51

8.4 - Convicted offences by court and according to United Nations classification of

offences (broad categories), Republic of Mauritius, 201852-54

8.5 - Drug offences convicted by type, Republic of Mauritius, 2015 - 2018 55

8.6 - Road traffic contraventions convicted by type, Republic of Mauritius,

2017 & 201856

The Legal Aid Unit and Revenue and Expenditure of the Judiciary 57

9.1 - Legal aid assistance - applications received, services granted and amount paid -

Republic of Mauritius, 2015 - 2018

58

10.1 - Revenue collected from courts, Republic of Mauritius, January to June 2015,

2015/2016, 2016/2017 & 2017/2018

58

10.2 - Expenditure of the Judiciary, Republic of Mauritius, January to June 2015,

2015/2016, 2016/2017 & 2017/2018

58

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Staff of the Judiciary and court rooms

11.1 - Staff of the Judiciary, Republic of Mauritius, 2017 & 2018 59

11.2 - Court rooms by type of court, Republic of Mauritius, 2015 - 2018 60

11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),

Republic of Mauritius, 2015 - 201860

12.1 - Courses and training carried out by the Institute for Judicial and Legal Studies

(IJLS), 2017 & 201861

12.2 - Staff of the Institute for Judiciary and Legal Studies, Republic of Mauritius,

2017 & 201861

1.5a - Cases lodged at the Supreme Court, 2017 & 2018 17

1.5b - Cases disposed of at the Supreme Court, 2017 & 2018 17

1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),

Republic of Mauritius, 201820

District Courts

6.1a - Civil and criminal cases lodged, disposed of and outstanding at the

District Courts, Republic of Mauritius, 2017 & 201835

6.1b - Civil and criminal cases disposed of by District Courts, 2017 & 2018 35

Cases (civil and criminal) in the Republic of Mauritius

7.1 - Total cases lodged, disposed of and outstanding, Republic of Mauritius,

2017 & 201840

7.2 - Total criminal cases lodged, disposed of and outstanding,

Republic of Mauritius, 2017 & 201840

7.3 - Total civil cases lodged, disposed of and outstanding, Republic of Mauritius,

2017 & 201840

Crime Statistics

8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2018 44

I - Supreme Court Library and Information Service

II - Glossary of terms

A N N E X E S

Private Legal Practitioners

FIGURES

Supreme Court

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THE JUDICIARY

1.1 INTRODUCTION

The Judiciary is one of the three pillars of our sovereign democratic State. By virtue of the

Constitution, the Judiciary is vested with the power to administer justice in the Republic of

Mauritius. In line with the Constitution which makes provision for an independent Judiciary

based on the concept of separation of powers, the Judiciary of Mauritius is independent of the

other two organs of the State - the Executive and the Legislature.

The independence of our Judiciary, apart from being vital for the functioning of our

democratic system of government, empowers our Courts to uphold the Rule of Law and to

act as guardian of the Fundamental Rights entrenched in our Constitution and to ensure and

enforce good governance. The Chief Justice is the Head of the Judiciary.

1.2 VISION & MISSION STATEMENTS OF THE JUDICIARY

Vision Statement - To develop a justice system which is recognized as a national and

international model of excellence

Mission Statement - To maintain an impartial and efficient justice system that

upholds the Rule of Law and provides modern, easy and fast access to justice to all.

1.3 STRATEGIC DIRECTION, MAIN ACHIEVEMENTS, KEY ACTIONS AND

HUMAN RESOURCE ALLOCATION

1.3.1 Strategic Direction

Introduce legislation to set up a separate Court of Appeal and a separate High Court Division

of the Supreme Court to improve public perception of independence and objectivity in

dispensing justice and to streamline appeal cases.

Set up a state-of-the-art Building for the Supreme Court and all its divisions. The new

Supreme Court building is under construction and will be completed by the end of the year

2019.

Focus on the maintenance and upgrading of all District Court premises to ensure better

services to all stakeholders.

Reinforce special witness schemes.

Promote Continuous Professional Development for all Court Personnel at the Institute for

Judicial and Legal Studies (IJLS).

1.3.2 Main Achievements for 2017/18

(i) 28 cases were received at the Mediation Division of the Supreme Court for year

2018. Out of 39 cases (28 received in 2018 and 11 pending at the beginning of

2018) 7 were referred back to Court, 19 were recorded agreements and 11 cases

were purely and simply struck out/set aside.

The number of outstanding cases at the end of 2018 dropped to 2 from 11 for the same

period of 2017.

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(ii) Sponsoring of Diploma in Legal Studies and Court Administration for Court Officers’

Cadre who are following the said course (August 2017 – December 2018). New batch

will start in 2019.

(iii) Relocation of Pamplemousses and Riviere du Rempart District Courts is completed.

(iv) Renovation of New Court House in Port Louis is completed.

(v) Repairs and upgrading of District Courts of Moka, Mahebourg, Rose Hill and Flacq are

completed.

(vi) Recruitment of 18 Judicial Research Assistants to assist Judicial officers in legal

research works.

1.3.3 Key Actions for 2017/18

The Judiciary has a vision to be in-line with the government Vision 2030, so as to meet the

new challenges awaiting this Department in the near future.

(i) Revenue Collection and Case Management System – A modern Computerised Revenue

Collection System for proper control and monitoring of collection of revenue is being

set up thereby generating all outstanding arrears to be included in the half yearly return

of arrears of revenue. With the new system, data will be securely shared amongst all

Courts so that the general public can pay fines/fees at any Court in Mauritius. The

possibility to perform online payment is also being contemplated. Moreover, the

backend of the solution would provide officers of the Judiciary with new tools for

better control and access to case information resulting in better management of cases.

(ii) Revamping of Digital Court Recording System (DCRS) – The Digital Court Recording

System (DCRS) is in operation since 1999 at the Supreme Court, the Intermediate and

Industrial Courts for the recording of court proceedings. The Judiciary is currently

revamping the existing DCRS by extending such facilities to all Courts of Mauritius

which will contribute to improve the quality and accuracy of court records at all levels

and speeding up transmission of court files to Judges and Magistrate after hearings for

determination.

(iii) Promote Continuous Professional Development for all Court Personnel at the Institute

for Judicial and Legal Studies (IJLS).

(iv) Training on Case Management at Institute for Judicial and Legal Studies (IJLS) for

Court Managers.

(v) Sponsoring of Diploma in Legal Studies and Court Administration for officers of the

Court Officers’ Cadre.

(vi) Percentage of District Courts with upgraded DCRS: 100 %

1.3.4 Human Resource Allocation

The Judiciary has 729 funded positions for 2017/18.

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1.4 JUDICIAL SYSTEM

Mauritius has a single-structured judicial system consisting of two tiers - the Supreme Court

and subordinate courts. The Supreme Court sitting as Court of First Instance is composed of

various Divisions exercising jurisdiction such as the Master’s Court, the Family Division, the

Commercial Division, the Criminal Division, the Mediation Division and as an Appellate

jurisdiction (it hears and determines civil & criminal appeals from decisions of the

subordinate courts), and sits as the Court of Civil Appeal and the Court of Criminal Appeal

(to hear and determine appeals from decisions of the Supreme Court sitting in the exercise of

its original jurisdiction in civil and in criminal matters). Subordinate courts consist of the

Intermediate Court, the Industrial Court, the District Courts, the Bail and Remand Court and

the Court of Rodrigues.

1.4.1 Judicial and Legal Service Commission (JLSC)

The JLSC established under the Constitution is chaired by the Honourable Chief Justice and

is responsible for the appointment and promotion of Judicial and Legal Officers, together

with the power to exercise disciplinary control over them.

1.5 SUPREME COURT

The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and nineteen

Puisne Judges. It is a superior Court of Record and has unlimited jurisdiction to hear and

determine any civil and criminal proceedings. It has a similar original jurisdiction as the High

Court of England and is vested with the necessary powers and authority to exercise its

jurisdiction as a Court of Equity. The Supreme Court also exercises supervisory jurisdiction

over subordinate courts in order to ensure that justice is duly delivered. The Supreme Court

has the sole power to determine whether any provision of the Constitution has been

contravened, including the power to determine whether any law enacted by Parliament

contravenes any provision of the Constitution.

1.5.1 Disciplinary Powers

The Supreme Court has the power and jurisdiction to hear and determine any complaint of a

disciplinary nature in respect of professional conduct of a law practitioner or a ministerial

officer including a land surveyor.

1.5.2 Civil Jurisdiction of the Supreme Court as Court of first instance

The Supreme Court hears and determines:

i. any civil matter, although it will generally entertain and hear claims where the matter

in dispute is of a value which is more than Rs 2 million;

ii. divorce and matrimonial proceedings;

iii. petitions for insolvency and all matters of a commercial nature;

iv. admiralty matters and

v. claims for Constitutional relief

vi. Judicial Review of administrative decisions

Civil proceedings are normally heard and determined by a single Judge, unless otherwise

provided for under any written law or as may be decided by the Chief Justice, having regard

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to the interests at stake or to the importance or intricacy of the questions of fact or law to be

determined.

(a) The Family Division of the Supreme Court

The Family Division of the Supreme Court was set up administratively in January 2008. It

exercises jurisdiction in any matter under the Divorce and Judicial Separation Act or under

any other enactment which relates to alimony, maintenance or the custody or guardianship of

minors, other than a matter which is under an enactment within the exclusive jurisdiction of a

Magistrate. Two Puisne Judges, designated by the Chief Justice, are posted in the Family

Division.

(b) The Commercial Division of the Supreme Court

The Commercial Division of the Supreme Court was set up administratively in 2009. Two

Puisne Judges designated by the Chief Justice sit in that Division. It entertains, hears and

determines matters arising under the Insolvency Act 2009 and the Companies Act, disputes

relating to banking, bills of exchange, offshore business, patents and trademarks or passing

off, disputes between traders and related matters and generally deals with anything which is

of a commercial nature.

(c) Master’s Court

The Master’s Court is presided by the Master and Registrar and the Deputy Master &

Registrar. It exercises the jurisdiction conferred upon it by the ‘Code Civil Mauricien’ in

relation to successions and wills, the division of immovable property and by the Sale of

Immovable Property Act. The Master’s Court also deals with and rules upon all pre-trial

issues for civil cases lodged before the Supreme Court and “Juge de mise en état”

(d) The Mediation Division

One Puisne Judge is currently in post at the Mediation Division.

The Chief Justice may, upon the application of any party, refer a civil suit, action, cause or

matter pending before the Supreme Court to the Mediation Division.

The primary purpose of mediation is to dispose of civil suits, actions, causes or matters by

common agreement or to narrow down the issues in dispute.

1.5.3 The Criminal Division of the Supreme Court (Assizes)

The Supreme Court in the exercise of its criminal jurisdiction has the power to try any person

charged with having committed a crime or a misdemeanour.

Assizes and serious drug cases are heard on a daily basis at the Criminal Division of the

Supreme Court. Criminal trials are either held before a Presiding Judge and a jury consisting

of 9 persons who are qualified to serve as jurors or before a Presiding Judge without a jury.

Offences laid under the Criminal Code falling under the exclusive jurisdiction of the

Supreme Court are tried at the Criminal Division before a Presiding Judge and a jury. Section

10 of the Criminal Procedure Act provides for offences triable by Supreme Court without a

jury namely offences committed under an enactment specified in the Fifth Schedule of the

Criminal Procedure Act.

In the exercise of its criminal jurisdiction, the Supreme Court is empowered to inflict penal

servitude for life in cases of murder, or where the Court is satisfied that substantial and

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compelling circumstances exist which justify the imposition of a lesser sentence, a term not

exceeding 60 years.

1.5.4 Appellate jurisdiction of the Supreme Court

The Supreme Court has full power and jurisdiction to hear and determine all appeal cases,

whether civil or criminal, from the decision of:

i. a Judge in the exercise of his original jurisdiction;

ii. the Master’s Court;

iii. the Intermediate Court;

iv. the Industrial Court;

v. the District Courts,

vi. Bail and Remand Court; and

vii. any other Court or body established under any other enactment.

Appeals to the Supreme Court are heard before at least two Judges, except as otherwise

provided for in any other enactment.

1.5.5 Court of Civil Appeal

The Court of Civil Appeal is a Division of the Supreme Court. It hears and determines all

appeals from the decisions of the Supreme Court sitting as the Court of first instance in civil

proceedings. It is constituted of two or three Judges, as the Chief Justice may decide. Where

the Chief Justice is absent or is for any reason unable to sit on the Court of Civil Appeal, the

Senior Puisne Judge, presides over the Court of Civil Appeal.

1.5.6 Court of Criminal Appeal

The Court of Criminal Appeal is a Division of the Supreme Court. It is constituted of three

Judges and has full power to hear and determine all appeals from the decisions of the

Supreme Court sitting as the Court of first instance in criminal proceedings. The Chief

Justice and, in his absence, the Senior Puisne Judge, presides over the Court of Criminal

Appeal.

1.6 THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL

The Judicial Committee is the final court of appeal of Mauritius. An appeal shall lie from

decisions of the Court of Appeal or of the Supreme Court to the Judicial Committee as of

right in the following cases:

i. final decisions in any civil or criminal proceedings and on questions relating to the

interpretation of the Constitution;

ii. where the matter in dispute is of the value of Rs 10,000 or upwards or where the

appeal involves directly or indirectly a claim to or a question respecting property or a

right of the value of Rs 10,000 or upwards;

iii. final decisions in proceedings under section 17 of the Constitution for the

enforcement of protective provisions;

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iv. with leave of the Supreme Court, where in the opinion of the Court the question

involved in the appeal is one that by reason of its great general or public importance

or otherwise ought to be submitted to the Judicial Committee.

1.7 SUBORDINATE COURTS

1.7.1 Intermediate Court

The Intermediate Court is established under the Courts Act and has islandwide civil and

criminal jurisdiction, including Rodrigues. It consists of two Presidents, two Vice-Presidents

and any such number of Magistrates of the Intermediate Court established under the Civil

Establishment Act.

(a) Civil Jurisdiction of the Intermediate Court

The Intermediate Court has jurisdiction in all civil cases where the claim or matter dispute,

whether in balance of account or otherwise, does not exceed Rs 2,000,000. The Bench of the

Intermediate Court is constituted by one or more Magistrates, as may be decided by the

President.

(b) Criminal Jurisdiction

The Intermediate Court has jurisdiction to hear and determine serious criminal offences

referred to it by the Director of Public Prosecutions under specific sections of the Criminal

Code and any other offence that can be tried by the Intermediate Court under any other

enactment. It has power to inflict penal servitude on convicted offenders for a period not

exceeding fifteen years and imprisonment for a period not exceeding ten years. However, for

persistent offenders, the Intermediate Court may increase the sentence to twenty years’ penal

servitude. The Intermediate Court is also empowered to inflict a higher sentence for offences

under the Dangerous Drugs Act and certain specific offences, for example, rape and money

laundering offences.

1.7.2 Industrial Court

The Industrial Court consists of a President and a Vice-President. It is established under the

Industrial Court Act and has exclusive civil and criminal jurisdiction to try any matter arising

out of the Employment Rights Act, Employment and Training Act, Export Processing Zones

Act, Passenger Transport Industry (Buses) Retiring Benefits Act, Sugar Industry Retiring

Benefits Act, Workmen’s Compensation Act and Health & Welfare legislations.

1.7.3 District Courts

There are ten District Courts on the Island of Mauritius and one in Rodrigues. District Courts

have jurisdiction to try and determine both civil and criminal cases as provided for by law.

Each District Court is presided by a District Magistrate and any such number of District

Magistrates as may be decided by the Chief Justice.

(a) Civil Jurisdiction of the District Court

The District Court has jurisdiction in all civil cases where the claim or matter in dispute does

not exceed Rs 250,000. Conversely, District Magistrates have exclusive jurisdiction in

landlord and tenant disputes, irrespective of the amount of the claim for non-payment of rent.

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(b) Jurisdiction under the Protection from Domestic Violence Act 1997

By virtue of the Protection from Domestic Violence Act 1997, Court Officers are entrusted

with the duty of receiving and processing applications for an Order from an aggrieved spouse

and from persons living under the same roof, who may be victims of domestic violence.

District Magistrates are empowered to hear and determine such applications and to issue

Protection Orders where the Court is satisfied that there is a serious risk of harm to the

applicants. District Magistrates are also empowered to receive and determine applications

for the issue of Occupation Orders and Tenancy Orders. Such orders confer upon the victims

of domestic violence the exclusive right to the use and occupation of the conjugal common

house.

(c) Small Claims Procedure

The Small Claims Procedure was introduced in 1999 to enable District Courts to adjudicate

on minor claims not exceeding Rs 100,000 in a summary and expeditious manner. Such

claims are lodged by the litigants themselves after filling in a prescribed form which is

served on the adverse parties. Both parties are convened before the Magistrate in Chambers

to resolve the dispute. In the event that there is no agreement between the parties, the matter

is set down for trial. It is to be noted that such cases are disposed of by conflict resolution

rather than through a trial process.

(d) Criminal Jurisdiction

District Courts have power and jurisdiction to hear and determine criminal cases punishable

by a term of imprisonment not exceeding five years and a fine not exceeding Rs 100,000.

(e) Juvenile Court

District Magistrates also exercise jurisdiction as Magistrates of the Juvenile Court. The

Juvenile Court tries young persons suspected of having committed criminal offences. The

Juvenile Court also deals with children who are beyond parental control and/or who need

care and protection.

(f) Court of Rodrigues

The Court of Rodrigues is administered by a full-time Magistrate and a visiting Judge of the

Supreme Court.

(g) Other smaller islands forming part of the Republic of Mauritius

A visiting Magistrate also visits other smaller islands forming part of the Republic of

Mauritius whenever required.

1.7.4 Bail and Remand Court

The Bail and Remand Court (BRC) established under Part IV of the Bail Act 1999, as

subsequently amended by Act No 34 of 2011, has exclusive jurisdiction with regard to

remand or release of persons charged with an offence or arrested on reasonable suspicion of

having committed an offence. It also operates on weekends and public holidays to safeguard

the Constitutional rights of detainees.

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The BRC is presided over by a District Magistrate and is located at the New Court House in

Port Louis.

1.8 THE INSTITUTE FOR JUDICIAL AND LEGAL STUDIES (IJLS)

The Institute for Judicial and Legal Studies (IJLS) was in effect set up on 1st October 2011,

the date on which the IJLS Act was proclaimed. The objective of the IJLS is to devise,

organise and conduct Continuing Professional Development (CPD) Programmes (lectures/

workshops/ seminars) for law practitioners as well as courses for prospective judicial and

legal officers and law practitioners who qualified as such in a state other than Mauritius to

promote proficiency and ensure the maintenance of standards in the Judiciary, among law

practitioners and legal officers, and generally in the delivery of Court services, inter alia.

As a complementary enactment, the Law Practitioners (Amendment) Act 2011 makes

provision for the Institute to devise and organise CPD Programmes for each of the three

branches of the legal profession with a view to broadening the knowledge of law

practitioners and legal officers, to keep them abreast of developments in the law, and to

encourage them to share experiences and enhance their professional skills.

The IJLS is also active in organizing judges and magistrates’ retreats and training in

judgecraft and other relevant topics. The magistrates have also regularly been present for

selected law lectures which fall in the purview of their domain. In addition, the IJLS has also

delivered training for the personnel of the Judiciary, the court managers and court ushers.

Some training has also been given to the police and to legal officers in banks and other

corporates.

Moreover, the IJLS also runs an Inductive Course for the Prospective Barristers bi-annually

and a DU in Mauritian Civil Law every 2 years in collaboration with Universite de la

Reunion. It also holds an IJLS Pupils’ Moot Competition and a colloque on French law

aspect of Mauritian law annually. IJLS is also involved in research and publication and has

launched its own IJLS Law Journal online with the objective to be an interface between the

Judiciary and the legal profession and contribute to Mauritian jurisprudence

1.9 THE RULES COMMITTEE

The Rules Committee was set up in August 2001 to advise and make recommendations to the

Chief Justice in respect of rules to be made under section 198 of the Courts Act. The Rules

Committee consists of a Judge (Chairperson of the Committee) appointed by the Chief

Justice, the Master and Registrar or his representative, a representative of the Bar Council, a

representative of the Law Society, a representative of the Attorney-General’s Office and two

other law practitioners appointed by the Chief Justice.

1.10 REFORM

E-judiciary

The Judiciary has, since April 2010, embarked on the development and implementation of an

electronic filing of cases and an electronic case management system.

The programme has materialized with the help of Investment Climate Facility for Africa

(ICF) which provided a grant of 75% of the project costs, the balance being funded by the

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9

Government of Mauritius. Mauritius Network Services Ltd has been awarded the contract to

develop and implement the software with the assistance of its foreign partner, Crimson Logic

of Singapore.

Revamping of E-judiciary

Implementation is in progress and will be operational by June 2019

Phase I

Phase I of the project concerns cases lodged before the Supreme Court (Commercial & Civil

cases) and before the Judge in Chambers. The launching of the first phase on a pilot basis

took place in April 2013 at the Commercial Division of the Supreme Court. The system will

be extended to other divisions of the Supreme Court (except for the Family and the Criminal

Divisions). The e-judiciary will be implemented in these Divisions and in all subordinate

courts during Phase II of the modernization of the Judiciary.

1.11 PROJECTS

Revenue Collection and Case Management System

Phase I comprising deployment of cashier points of sales (POS), processing of arrears and

respective reports including on-line payment of Court fines is fully operational (live) since

March 2019.

Phase II comprising of case management system will be available by October 2019.

Revamping of Digital Court Recording System (DCRS)

The Digital Court Recording System (DCRS) is in operation since 1999 at the Supreme

Court and the Intermediate and Industrial Courts for the recording of court proceedings. The

Judiciary is currently revamping the existing DCRS by extending such facilities to all Courts

of Mauritius which will contribute to improve the quality and accuracy of court records at all

levels and speeding up transmission of court files to Judges and Magistrate after hearings for

determination.

Video Conferencing System (VCS)

The Bail and Remand Court (BRC) at New Court House Port Louis has a video conferencing

System (VCS) which is in operation since 1999 and enables most accused persons on remand

and witnesses, particular the “vulnerable” ones to be heard without the need to be physically

present in the courtroom. The VCS obviates the need to incur time and expense of

transporting accused persons to the Court and the associated risks thereto.

In order to function properly the VCS has been upgraded recently to support IP network. This

has cut down the operating costs by communicating with the Remand Prisons through IP,

using the Government Intranet System (GINS) and provide for a more secure communication

between the Prisons and the BRC.

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10

2. SUPREME COURT

2.1 All cases

The total number of cases lodged (excluding appeal cases) at the Supreme Court increased by

1.2% from 9,263 in 2017 to 9,373 in 2018 (Table 1.1).

Similarly, the total number of cases disposed of (excluding appeal cases) at the Supreme

Court increased by 16.5% from 8,978 in 2017 to 10,455 in 2018.

A physical count of the total number of outstanding cases (excluding appeal cases) showed

that 8,434 cases were not yet disposed of at the end of the year 2018, representing a fall of

11.4% over the figure of 9,515 in 2017 (Table 1.1).

2.2 The Criminal Division of the Supreme Court (Assizes)

The number of criminal offences, convicted at the Criminal Division of the Supreme Court

(Assizes), fell from 26 in 2017 to 21 in 2018 with decreases in custodial sentence for

manslaughter from 10 to 8 and “wounds and blows causing death” from 2 to 1 whilst murder

remained at 4 for the same period. The number of convictions for drug offences fell from 9 in

2017 to 8 in 2018 (Table 1.3a).

2.3 Appellate Jurisdiction

In 2018, some 347 appeal cases (214 civil and 133 criminal) were lodged at the Supreme

Court with a fall of 7.2% over the 2017 figure of 374. About 30% of the 221 civil appeals

were from lower Courts. On the contrary, most (97.7%) of 133 criminal appeal cases lodged

were from the lower Courts and the remaining 3 cases from the Court of Criminal Appeals.

The total number of cases disposed of at the Appellate Jurisdiction more than doubled from

287 in 2017 to 577 in 2018 due to rises in civil cases from 155 to 355 and in criminal cases

from 132 to 222.

At the end of year 2018, some 437 cases (292 civil and 145 criminal) were physically

counted, down by 34.5% against 667 in 2017 (Table 1.4).

2.4 Family Division

The total number of divorce petitions lodged for the Republic of Mauritius increased by 6.3%

from 2,617 in 2017 to 2,783 in 2018. This was due to rises of 5.8% for Mauritius and 19.4%

for Rodrigues (Table 1.6).

Following the same trend, the number of divorce petitions disposed of also increased by

19.6% from 2,364 in 2017 to 2,827 in 2018. About 85.8% of the 2,827 divorce cases disposed

of resulted in ‘divorce pronounced’ (Table 1.6).

In 2018, 44.3% of the petitioners were females compared to 26.5% of males; 66.7% were

married for 14 years or less; 29.2% of divorces were pronounced on mutual consent from both

parties and 66.1% had only one or no child from the marriage (Tables 1.7 to 1.9).

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11

A physical count of the total number of cases outstanding was 2,078 at the end of year 2018, a

fall of 2.1% over the 2017 figure of 2,122.

2.5 Mediation Division

The number of civil cases received at the Mediation Division of the Supreme Court decreased

by 9.7% from 31 in 2017 to 28 in 2018. Out of 39 cases (28 received in 2018 and 11 pending

at the beginning of 2018), 48.7% were recorded agreements, 28.2% were purely and simply

struck out/set aside cases, 18.0% were referred back to court and 5.1% were outstanding at the

end of year 2018.

The number of outstanding cases, at the end of 2018, dropped to 2 from 11 for the same

period in 2017 (Table 1.10).

2.6 Time to disposition of cases

In 2018, it is noted that 64.3% (909) of cases were disposed of within three months at the

Commercial Court compared to 15.5% (623) at Family Division and 19.8% (580) at the Registry

Le Greffe of the Supreme Court. Out of the 580 cases disposed of at the Registry Le Greffe,

most (96.4%) were from Civil Proceedings (Table 1.11).

The percentage of the disposals of cases for trial adjudication were 77.4% (2,268) at the Registry

Le Greffe, 75.0% (3,019) at the Family Division and 40.5% (573) at the Commercial Division.

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Table 1.1 - All cases at the Supreme Court, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Appeal cases 539 542 580 667 303 345 374 347 300 307 287 577 542 580 667 437

Civil 334 334 367 433 140 195 221 214 140 162 155 355 334 367 433 292

Criminal 205 208 213 234 163 150 153 133 160 145 132 222 208 213 234 145

Other cases 8,055 8,108 9,231 9,516 9,091 9,810 9,263 9,373 9,381 8,752 8,978 10,455 7,765 9,166 9,516 8,434

Civil 8,019 8,073 9,202 9,485 9,056 9,790 9,235 9,354 9,345 8,726 8,952 10,437 7,730 9,137 9,485 8,402

Criminal 36 35 29 31 35 20 28 19 36 26 26 18 35 29 31 32

Total 8,594 8,650 9,811 10,183 9,394 10,155 9,637 9,720 9,681 9,059 9,265 11,032 8,307 9,746 10,183 8,871

Cases pending at the beginning of

the yearCases lodged Cases disposed of

Cases outstanding at the end of

the year

12

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Table 1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

36 35 29 31 35 20 28 19 36 26 26 18 35 29 31 32

28 20 19 19 18 11 18 9 26 12 18 13 20 19 19 15

8 15 10 12 17 9 10 10 10 14 8 5 15 10 12 17

Murder

Manslaughter

Heroin

Importation

Dealing

Possession

Other

Cannabis/gandia

Importation

Possession

Cultivation

Other drugs2

Total

1A case may comprise one or more offences

2Other drugs include importation/trafficking/possession of other drugs (e.g hashish, subutex, buprenorphine, etc.)

* Not collected separately prior to 2016

0 for Nil

Cases pending at the

beginning of the yearCases lodged Cases disposed of

Cases outstanding at the

end of the year

Criminal Division

Trial by Jury

Trial without Jury

Table 1.3 - Offences1 disposed of by type of offence at the Criminal Division of the Supreme Court

(Assizes), 2015 - 2018

Offences 2015 2016 2017 2018

Trial by Jury 26 12 18 13

5 5 5 4

13 5 11 8

Wounds and blows causing death

without intention to kill but with

premeditation

7 2 2 1

Aiding & abetting in the

commission of a crime1 0 0 0

Trial without Jury 10 21 12 9

4 4 7 1

* 1 0 5

* 6 0 3

* 4 0 0

3 0

0 1 0 0

* 4 0 0

36 33 30 22

* 0 2 0

6 1

13

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2015 2016 2017 2018

Total convictions 34 26 26 21

Imprisonment 32 26 25 21

Intentional homicide 17 9 14 12

Murder 4 5 4 4

Manslaugher 13 4 10 8

Non intentional homicide 7 2 2 1

Wounds and blows causing death2 7 2 2 1

Drug offences 8 15 9 8

Importation of heroin 3 4 6 1

Dealing heroin 0 0 0 5

Possession of heroin * 4 0 2

Other heroin * 3 0 0

Importation of cannabis 0 1 0 0

Possession of cannabis * 3 0 0

Cultivation of cannabis * 0 1 0

Other3 5 0 2 0

Fine 2 0 1 0

Drug offences 2 0 1 0

Importation of heroin 1 0 0 0

Other3 1 0 1 0

Dismissed/Struck Out/Nolle Prosequi 2 7 4 1

Intentional homicide 1 1 2 0

Murder/Manslaughter 1 1 2 0

Drug offences 0 6 2 1

Importation of heroin 0 0 1 0

Dealing heroin * 1 0 0

Possession of heroin * 2 0 1

Other heroin * 1 0 0

Possession of cannabis * 1 0 0

Cultivation of cannabis * 0 1 0

Other3 0 1 0 0

Other offences 1 0 0 0

Aiding & abetting in the commission of

a crime1 0 0 0

Total 36 33 30 22

1A case may comprise one or more offences

2Wounds and blows causing death without intention to kill but with premeditation

3Other include importation/trafficking/possession of other drugs (e.g hashish & subutex/buprenorphine, etc.)

* Not collected separately prior to 2016

0 for Nil

Table 1.3a - Offences1 disposed of by type of offence and outcome of judgment at

the Criminal Division of the Supreme Court (Assizes), 2015 - 2018

14

Page 23: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Table 1.4 - Appellate Jurisdiction at the Supreme Court, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Civil 334 334 367 433 140 195 221 214 140 162 155 355 334 367 433 292

Civil appeals from lower

Courts102 85 79 101 42 48 64 64 59 54 42 72 85 79 101 93

Appeals from decisions

of the Judge sitting at

Chambers, Tribunals &

other authorities, etc.

123 143 174 201 48 77 85 84 28 46 58 165 143 174 201 120

Court of Civil Appeals 109 106 114 131 50 70 72 66 53 62 55 118 106 114 131 79

Criminal 205 208 213 234 163 150 153 133 160 145 132 222 208 213 234 145

Criminal appeals from

lower Courts200 204 211 228 157 147 146 130 153 140 129 214 204 211 228 144

Court of Criminal

Appeals5 4 2 6 6 3 7 3 7 5 3 8 4 2 6 1

Total 539 542 580 667 303 345 374 347 300 307 287 577 542 580 667 437

Cases pending at the beginning

of the yearCases lodged Cases disposed of

Cases outstanding at the end

of the year

15

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Table 1.5 - Civil cases at the Supreme Court, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Commercial Court 538 757 801 921 1,596 1,599 1,687 1,487 1,720 1,555 1,567 1,414 414 801 921 994

Chambers 112 121 107 108 735 697 707 554 736 711 706 527 111 107 108 135

Commercial matters 419 523 581 698 780 714 704 731 900 656 587 666 299 581 698 763

Bankruptcy petitions 7 113 113 115 81 188 276 202 84 188 274 221 4 113 115 96

Master's Court 1,488 1,595 1,797 1,744 589 699 408 430 482 562 461 442 1,595 1,732 1,744 1,732

Levy cases 776 828 994 903 345 459 184 207 293 358 275 252 828 929 903 858

Division in kind cases 712 767 803 841 244 240 224 223 189 204 186 190 767 803 841 874

Family Division 2,223 2,004 2,522 2,750 3,952 4,033 3,861 4,047 4,171 3,515 3,633 4,026 2,004 2,522 2,750 2,771

Divorce petitions 1,507 1,446 1,837 2,071 2,475 2,603 2,519 2,666 2,536 2,212 2,285 2,708 1,446 1,837 2,071 2,029

Motions (alimony, child

custody, etc.)441 335 422 375 609 590 505 453 715 503 552 457 335 422 375 371

Chambers 275 223 263 304 868 840 837 928 920 800 796 861 223 263 304 371

Registry (Le Greffe) 1 3,292 3,218 3,642 3,696 948 1,295 1,123 1,088 1,022 871 1,069 2,334 3,218 3,642 3,696 2,450

Plaints with summons 3,049 2,956 3,262 3,234 661 894 714 690 754 588 742 1,614 2,956 3,262 3,234 2,310

of which land disputes NA NA NA 110 NA NA 122 127 NA NA 12 7 NA NA 110 230

Motions and other

applications & Reference from

Chambers

243 262 380 462 287 401 409 398 268 283 327 720 262 380 462 140

Chambers (civil) 478 499 440 374 1,971 2,164 2,156 2,302 1,950 2,223 2,222 2,221 499 440 374 455

8,019 8,073 9,202 9,485 9,056 9,790 9,235 9,354 9,345 8,726 8,952 10,437 7,730 9,137 9,485 8,402

1 Civil proceedings

NA for Not Available

Cases pending at the beginning

of the yearCases lodged Cases disposed of

Cases outstanding at the end

of the year

Total

16

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17

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2017

2018

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2018

Page 26: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Table 1.6 - Divorce cases, Republic of Mauritius, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Cases pending at the beginning

of the year 1 1,507 1,446 1,837 2,071 24 35 32 51 1,531 1,481 1,869 2,122

Cases lodged 2,475 2,603 2,519 2,666 81 78 98 117 2,556 2,681 2,617 2,783

Cases disposed of: 2,536 2,212 2,285 2,708 70 81 79 119 2,606 2,293 2,364 2,827

Divorce pronounced 2,097 1,840 1,921 2,325 64 70 75 100 2,161 1,910 1,996 2,425

Withdrawn/Struck out/Set aside 430 367 357 379 6 11 3 19 436 378 360 398

Dismissed 7 4 6 4 0 0 1 0 7 4 7 4

Judicial separation 2 1 1 0 0 0 0 0 2 1 1 0

Cases outstanding at the end of the

year1,446 1,837 2,071 2,029 35 32 51 49 1,481 1,869 2,122 2,078

1 Cases pending at the beginning of year 2018 revised in light of physical count carried out at the end of the year 2017

0 for Nil

Island of Mauritius Island of Rodrigues Republic of Mauritius

18

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2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

0 711 636 664 892 10 17 18 14 721 653 682 906

1 648 576 573 670 26 26 24 27 674 602 597 697

2 529 463 502 532 15 17 20 38 544 480 522 570

3 171 139 150 187 9 8 8 10 180 147 158 197

4 34 23 29 33 4 0 1 7 38 23 30 40

5 6 2 3 7 0 2 3 3 6 4 6 10

6 and above 0 2 1 4 0 0 1 1 0 2 2 5

Total 2,099 1,841 1,922 2,325 64 70 75 100 2,163 1,911 1,997 2,425

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Husband petitioner 616 534 565 610 12 17 22 33 628 551 587 643

Grounds:

Faute 331 281 281 333 10 16 18 19 341 297 299 352

Rupture de vie commune 34 23 13 31 0 0 0 1 34 23 13 32

Aux torts partagés 251 230 271 246 2 1 4 13 253 231 275 259

Wife petitioner 968 838 828 1,023 43 43 44 52 1,011 881 872 1,075

Grounds:

Faute 664 526 519 706 36 39 34 41 700 565 553 747

Rupture de vie commune 8 9 4 4 0 0 0 0 8 9 4 4

Aux torts partagés 296 303 305 313 7 4 10 11 303 307 315 324

Joint petitioners

(both husband & wife)513 468 528 692 9 10 9 15 522 478 537 707

Ground:

Mutual consent 513 468 528 692 9 10 9 15 522 478 537 707

Total 2,097 1,840 1,921 2,325 64 70 75 100 2,161 1,910 1,996 2,425

0 for Nil

Petitioning party & groundsIsland of Mauritius Island of Rodrigues Republic of Mauritius

Table 1.7 - Divorces/Judicial separations pronounced by number of children involved in the marriage, Republic of Mauritius, 2015 - 2018

No. of children involvedIsland of Mauritius Island of Rodrigues Republic of Mauritius

Table 1.8 - Divorces pronounced by petitioning parties and grounds, Republic of Mauritius, 2015 - 2018

19

Page 28: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Under 5 407 368 340 447 8 17 11 7 415 385 351 454

5 - 9 560 486 508 619 12 19 22 19 572 505 530 638

10 - 14 453 390 399 503 18 12 11 23 471 402 410 526

15 - 19 288 268 307 324 10 11 12 18 298 279 319 342

20 - 24 210 170 181 204 7 2 1 16 217 172 182 220

25 - 29 104 88 110 119 2 4 3 6 106 92 113 125

30 and above 77 71 77 109 7 5 15 11 84 76 92 120

Total 2,099 1,841 1,922 2,325 64 70 75 100 2,163 1,911 1,997 2,425

Table 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years), Republic of Mauritius, 2015 - 2018

Duration of

marriage (years)

Island of Mauritius Island of Rodrigues Republic of Mauritius

20

10 yrs and less than 20 yrs

36%

20 yrs and above

19%

less than 10 yrs

45%

Figure 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),

Republic of Mauritius, 2018

Page 29: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

2015 2016 2017 2018

Cases pending at the beginning of the year 82 39 26 11

Cases received during the year 226 97 31 28

No of cases where agreement has been recorded 81 30 10 19

No of cases purely and simply struck out/set aside 3 9 0 11

185 71 36 7

Cases outstanding at the end of the year 39 26 11 2

0 for Nil

Criminal

Trials

Criminal

Appeals

Civil

Appeals

Civil

Proceedings Total

New Cases lodged 19 133 214 1,088 1,454 4,047 1,487

Cases disposed of 18 222 355 2,334 2,929 4,026 1,414

3 months and less 2 5 14 559 580 623 909

more than 3 months to 6 months 0 0 6 76 82 808 133

more than 6 months to 12 months 8 37 50 230 325 1,743 160

more than 12 months 8 180 285 1,469 1,942 852 212

Trial/Non-trial adjudication

Disposals by trial adjudication 16 152 282 1,818 2,268 3,019 573

Disposals by non-trial

adjudication 2 70 73 516 661 1,007 841

1 Excluding Master's Court and Chambers (Civil)

0 for Nil

Table 1.10 - Civil cases at the Mediation Division of the Supreme Court, 2015 - 2018

No of cases referred back to court (Master & Registrar) to be

fixed

Table 1.11 - Time to disposition of cases at the Supreme Court 1, 2018

Supreme Court Registry Le Greffe Family

Division

Commercial

Division

21

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22

3. INTERMEDIATE COURT

From 2017 to 2018, the total number of civil and criminal (total) cases lodged at the

Intermediate Court decreased by 11.2% from 2,625 to 2,330 resulting from drops of 13.9%

in the number of civil cases from 1,429 to 1,230 and of 8.0% in the number of criminal

cases from 1,196 to 1,100.

Similarly, a fall of 12.8% was noted in the total number of cases disposed of from 3,322 to

2,897 due to a drop of 24.3% in civil cases from 2,076 to 1,572 and a rise of 6.3% in

criminal cases from 1,246 to 1,325.

From 2017 to 2018, the number of civil and criminal cases outstanding dropped by 8.7%,

from 4,260 to 3,891.

Table 2.1 - Civil and criminal cases at the Intermediate Court, 2015 - 2018

Civil cases Criminal cases Total

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Cases

pending at the

beginning of

the year 1

4,212 2,864 2,951 2,475 2,210 2,177 2,006 1,983 6,422 5,041 4,957 4,458

Cases lodged 1,886 1,947 1,429 1,230 1,277 1,160 1,196 1,100 3,163 3,107 2,625 2,330

Cases disposed

of 1,970 1,860 2,076 1,572 1,310 1,331 1,246 1,325 3,280 3,191 3,322 2,897

Cases

outstanding at

the end of the

year

4,128 2,951 2,304 2,133 2,177 2,006 1,956 1,758 6,305 4,957 4,260 3,891

1 Cases pending at the beginning of year 2018 revised in light of physical count carried out at the end of the year

2017

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23

4. INDUSTRIAL COURT

From 2017 to 2018, the number of civil and criminal cases lodged at the Industrial Court

decreased by 22.1% from 1,526 to 1,189 due to a fall of 29.4% in civil cases from 1,253 to

885 and a rise of 11.4% from 273 to 304 in criminal cases.

Conversely, the number of civil and criminal cases disposed of decreased marginally by

0.9% from 1,122 to 1,112. This resulted from a fall of 16.6% in criminal cases from 211 to

176 and a rise of 2.7% in civil cases from 911 to 936.

At the end of the year 2018, a physical count of the number of cases (civil and criminal)

showed that 1,843 cases (1,412 civil and 431 criminal) were outstanding, a rise of 4.4%

over the 2017 figure of 1,766.

Table 3.1 - Civil and criminal cases at the Industrial Court, 2015 - 2018

Civil cases Criminal cases Total

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Cases pending

at the beginning

of the year

875 928 1,121 1,463 215 189 241 303 1,090 1,117 1,362 1,766

Cases lodged 1,013 993 1,253 885 218 262 273 304 1,231 1,255 1,526 1,189

Cases disposed

of 960 800 911 936 244 210 211 176 1,204 1,010 1,122 1,112

Cases

outstanding at

the end of the

year

928 1,121 1,463 1,412 189 241 303 431 1,117 1,362 1,766 1,843

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24

5. BAIL & REMAND COURT

From 2017 to 2018, the number of cases lodged and disposed of at the Bail and Remand

Court (BRC) decreased respectively by 12.1% from 4,840 to 4,256 and by 25.2% from 5,217

to 3,904. Compared to the end of year 2017, the number of cases outstanding at the end of

year 2018 rose by 24.7% from 1,423 to 1,775. Out of 1,320 applications received for bail

hearing, 71.8% (948) were successful.

Table 4.1 - Cases at the Bail and Remand Court (BRC), 2015 - 2018

2015 2016 2017 2018

Cases pending at the beginning of the year 1,162 1,384 1,800 1,423

Cases lodged 4,148 4,207 4,840 4,256

Cases disposed of 3,926 3,791 5,217 3,904

Cases outstanding at the end of the year 1,384 1,800 1,423 1,775

Applications for bail hearing 1,754 2,031 1,654 1,320

Bail granted 978 688 766 948

6. WEEKEND COURT

The cases lodged at the Weekend Court rose by 2.2%, from 1,585 in 2017 to 1,620 in 2018.

Out of 1,620 cases lodged in 2018, there were police objection in 70.6% (1,143) of them and

detainees have been released on parole in the remaining 29.4% of cases. Some 64 cases were

fixed for bail hearing with 68.8% (44) being undefended and 34.4% (22) being cases where

bail was not granted.

Table 5.1 - Cases at the Weekend Court (WEC), 2015 - 2018

2015 2016 2017 2018

Cases lodged 1,319 1,409 1,585 1,620

Cases where detainees have been released

on parole 425 453 540 477

Cases where there was police objection 894 956 1,045 1,143

Total cases fixed for bail hearing: Defended 40 28 17 20

Undefended 14 357 246 44

Total number of bail (after hearing): Granted 50 167 74 42

Not granted 4 218 189 22

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25

7. DISTRICT COURTS

7.1 Civil and Criminal

In 2018, about 44% of civil and criminal cases were lodged in urban areas. From 2017 to

2018, a marginal increase of 1.5% was noted in the total number of cases lodged. Among

the rural areas, the District Court of Flacq registered the largest number of cases lodged at

11,785 in 2018. Following the same trend, the total number of criminal cases lodged

increased by 1.4% from 98,235 in 2017 to 99,652 in 2018. From 2017 to 2018, an increase

of 2.1% was also felt in the total number of civil cases lodged from 6,445 to 6,579 (Tables

6.1- 6.3).

From 2017 to 2018, the total number of civil and criminal cases disposed of decreased by

4.2% from 108,312 to 103,784. The largest number of cases disposed of in 2018 was

recorded at the District Court of Flacq at 11,185 in rural areas. Similarly, a fall of 4.1%

was noted in the total number of criminal cases disposed of from 101,772 in 2017 to

97,593 in 2018. Following in the same trend, the number of civil cases disposed of

registered a drop of 5.3% from 6,540 in 2017 to 6,191 in 2018 (Tables 6.1 - 6.3).

7.2 Postponement of cases

In 2018, the overall reasons for postponement of cases on the day of trial was due to

“absence of witnesses only” (34.2%) followed by “absence of parties only” (32.9%). It is

to be noted that, for Intermediate Court, the main reason for same was due to “absence of

witnesses only” (31.9%), for Industrial Court “Hope for settlement” (30.3%), for District

Courts “absence of parties only” (37.4%) and for Court of Rodrigues “Motion by

Counsel” (34.3%) (Table 6.4).

7.3 Plaint with summons

The number of cases lodged under plaint with summons increased by 1.5% from 2,564 in

2017 to 2,602 in 2018. On the contrary, those disposed of for the same period showed a

decrease of 2.2% from 2,540 to 2,483 (Table 6.5).

7.4 Small Claim Procedure

From 2017 to 2018, the number of cases lodged under the Small Claim Procedure

increased by 6.8% from 1,111 to 1,187 whilst the number of cased disposed of showed a

decrease of 21.1% from 1,139 to 899 (Table 6.6).

7.5 State Debts

From 2017 to 2018, the number of cases lodged for State debts for the Island of Mauritius

dropped by 6.8% from 839 to 782 whilst the number of cases disposed of increased by

5.5% from 831 to 877 for the same period (Table 6.7).

7.6 Protection from Domestic Violence Act

The number of cases lodged under the Protection from Domestic Violence Act 1997

showed an increase of 4.0% from 1,931 to 2,008 whilst for the cases disposed of decreased

by 4.8% from 2,030 to 1,932 (Table 6.8).

From 2017 to 2018, out of the 2,008 applications received under the Protection from

Domestic Violence Act 1997, most (98.7% - 1,981) were for Protection Orders, 25 for

occupation orders and 2 for tenancy orders (Table 6.9).

The applicants for Protection Orders among spouse/partner fell by 1.9% from 1,542 in

2017 to 1,513 in 2018. In 2018, about 94% of this type of order came from females

(Tables 6.10 & 6.11).

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Table 6.1 - Civil and criminal cases at the District Courts, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Port Louis Division I 764 525 515 502 1,031 1,356 1,172 991 1,270 1,366 1,185 1,087 525 515 502 406

Port Louis Division II 2,805 3,218 1,724 2,261 10,627 9,852 9,737 8,007 10,214 11,346 9,200 7,277 3,218 1,724 2,261 2,991

Port Louis Division III 3,273 2,648 1,545 2,111 16,979 8,298 7,951 14,805 17,604 9,401 7,385 14,624 2,648 1,545 2,111 2,292

Pamplemousses1 2,569 3,433 3,158 2,524 12,760 17,508 13,299 9,883 11,896 17,783 13,927 10,134 3,433 3,158 2,530 2,273

Riviere du Rempart 3,160 4,813 3,721 2,893 11,991 9,115 10,149 7,635 10,338 10,207 10,977 8,120 4,813 3,721 2,893 2,408

Flacq1 4,925 6,439 5,035 3,894 14,633 15,386 12,217 11,785 13,119 16,790 13,762 11,185 6,439 5,035 3,490 4,494

Moka 3,278 2,622 2,888 1,712 7,915 9,372 6,349 5,580 8,571 9,106 7,525 5,822 2,622 2,888 1,712 1,470

Lower Plaines Wilhems 1,886 2,937 2,135 2,839 14,122 12,525 10,668 10,301 13,071 13,327 9,964 10,380 2,937 2,135 2,839 2,760

Upper Plaines Wilhems 3,778 2,945 4,285 2,746 11,788 14,125 11,172 12,257 12,621 12,785 12,711 12,328 2,945 4,285 2,746 2,675

Grand Port 1,501 1,887 792 1,226 7,618 7,234 7,218 7,426 7,232 8,329 6,784 6,931 1,887 792 1,226 1,721

Savanne 1,302 674 818 1,069 5,954 5,314 5,485 6,341 6,582 5,170 5,234 5,373 674 818 1,069 2,037

Black River 1,169 1,468 1,021 823 6,451 6,783 5,483 6,637 6,152 7,230 5,681 6,084 1,468 1,021 823 1,376

Rodrigues1 510 932 766 518 5,507 4,294 3,780 4,583 5,085 4,460 3,977 4,439 932 766 569 662

Island of Mauritius 30,410 33,609 27,637 24,600 121,869 116,868 100,900 101,648 118,670 122,840 104,335 99,345 33,609 27,637 24,202 26,903

Republic of Mauritius 30,920 34,541 28,403 25,118 127,376 121,162 104,680 106,231 123,755 127,300 108,312 103,784 34,541 28,403 24,771 27,565

1 Number of civil and criminal cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017

Cases pending at the beginning

of the yearCases lodged Cases disposed of

Cases outstanding at the end

of the year

26

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Table 6.2 - Criminal cases at the District Courts, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Port Louis Division II 2,805 3,218 1,724 2,261 10,627 9,852 9,737 8,007 10,214 11,346 9,200 7,277 3,218 1,724 2,261 2,991

Port Louis Division III 3,273 2,648 1,545 2,111 16,979 8,298 7,951 14,805 17,604 9,401 7,385 14,624 2,648 1,545 2,111 2,292

Pamplemousses 2,484 3,346 3,068 2,453 12,289 17,119 12,936 9,382 11,427 17,397 13,551 9,736 3,346 3,068 2,453 2,099

Riviere du Rempart 3,076 4,729 3,605 2,791 11,652 8,754 9,783 7,174 9,999 9,878 10,597 7,738 4,729 3,605 2,791 2,227

Flacq1 4,781 6,227 4,955 3,744 14,040 14,796 11,474 11,248 12,594 16,068 13,081 10,728 6,227 4,955 3,348 4,264

Moka 3,198 2,575 2,844 1,650 7,639 9,123 6,113 5,187 8,262 8,854 7,307 5,438 2,575 2,844 1,650 1,399

Lower Plaines Wilhems 1,526 2,743 1,888 2,537 12,867 11,029 9,529 9,175 11,650 11,884 8,880 9,178 2,743 1,888 2,537 2,534

Upper Plaines Wilhems 3,590 2,591 3,749 2,330 10,643 12,687 9,973 11,080 11,642 11,529 11,392 11,183 2,591 3,749 2,330 2,227

Grand Port 1,402 1,794 703 1,148 7,231 6,609 6,849 6,830 6,839 7,700 6,404 6,486 1,794 703 1,148 1,492

Savanne 1,261 639 752 1,029 5,777 5,022 5,234 6,081 6,399 4,909 4,957 5,150 639 752 1,029 1,960

Black River 1,085 1,369 916 764 6,070 6,279 5,051 6,199 5,786 6,732 5,203 5,706 1,369 916 764 1,257

Rodrigues 472 886 712 502 5,353 4,127 3,605 4,484 4,939 4,301 3,815 4,349 886 712 502 637

Island of Mauritius 28,481 31,879 25,749 22,818 115,814 109,568 94,630 95,168 112,416 115,698 97,957 93,244 31,879 25,749 22,422 24,742

Republic of Mauritius 28,953 32,765 26,461 23,320 121,167 113,695 98,235 99,652 117,355 119,999 101,772 97,593 32,765 26,461 22,924 25,379

1 Number of criminal cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017

Cases pending at the beginning

of the yearCases lodged Cases disposed of

Cases outstanding at the end

of the year

27

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Table 6.3 - Civil cases at the District Courts, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Port Louis Division I 764 525 515 502 1,031 1,356 1,172 991 1,270 1,366 1,185 1,087 525 515 502 406

Pamplemousses1 85 87 90 71 471 389 363 501 469 386 376 398 87 90 77 174

Riviere du Rempart 84 84 116 102 339 361 366 461 339 329 380 382 84 116 102 181

Flacq1 144 212 80 150 593 590 743 537 525 722 681 457 212 80 142 230

Moka 80 47 44 62 276 249 236 393 309 252 218 384 47 44 62 71

Lower Plaines Wilhems 360 194 247 302 1,255 1,496 1,139 1,126 1,421 1,443 1,084 1,202 194 247 302 226

Upper Plaines Wilhems 188 354 536 416 1,145 1,438 1,199 1,177 979 1,256 1,319 1,145 354 536 416 448

Grand Port 99 93 89 78 387 625 369 596 393 629 380 445 93 89 78 229

Savanne 41 35 66 40 177 292 251 260 183 261 277 223 35 66 40 77

Black River 84 99 105 59 381 504 432 438 366 498 478 378 99 105 59 119

Rodrigues1 38 46 54 16 154 167 175 99 146 159 162 90 46 54 67 25

Island of Mauritius 1,929 1,730 1,888 1,782 6,055 7,300 6,270 6,480 6,254 7,142 6,378 6,101 1,730 1,888 1,780 2,161

Republic of Mauritius 1,967 1,776 1,942 1,798 6,209 7,467 6,445 6,579 6,400 7,301 6,540 6,191 1,776 1,942 1,847 2,186

1 Number of civil cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017

Cases pending at the beginning

of the yearCases lodged Cases disposed of

Cases outstanding at the end

of the year

28

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Table 6.4 - Reasons for postponement of cases at Courts on the day of trial, 2018

Number % Number % Number % Number % Number %

674 26.4 163 28.2 1,523 17.2 46 34.3 2,406 19.8

815 31.9 84 14.6 3,221 36.3 37 27.6 4,157 34.2

543 21.2 80 13.9 3,325 37.4 41 30.6 3,989 32.9

0 0.0 0 0.0 67 0.8 0 0.0 67 0.6

34 1.3 11 1.9 29 0.3 0 0.0 74 0.6

283 11.1 175 30.3 33 0.4 0 0.0 491 4.0

208 8.1 64 11.1 673 7.6 10 7.5 955 7.9

Accused wished to retain service of

counsel0 1 12 0 13

Case connected to another case 18 12 93 3 126

Counsel moved for postponement 39 22 82 0 143

Counsel not communicated with brief 19 8 180 7 214

New witness added 0 0 3 0 3

Plaintiff/Witness withdrew from case 0 0 46 0 46

Prosecutor absent 0 0 5 0 5

Prosecutor moved for postponement 0 0 7 0 7

Other 5 132 21 245 0 398

Grand Total 2,557 100.0 577 100.0 8,871 100.0 134 100.0 12,139 100.0

1 Laid up, absent etc.

4 Magistrate laid up

2 Laid up, absent etc. 5 (comprised of case not in shape, cyclonic condition, case partly heard, amended plea etc.)

3 Accused parties, plaintiff, defendants, declarant 0 for Nil

Reasons for postponementIntermediate Court Industrial Court District Courts Court of Rodrigues Republic of Mauritius

Other

of which

Motion by Counsel 1

Absence of witnesses 2 (only)

Absence of parties 3 (only)

Absence of both accused parties and

witnesses

Unavailability of bench 4

Hope for settlement

29

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Table 6.5 - Plaint with summons (civil) cases at the District Courts, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018

Port Louis Division I 724 915 806 654 941 967 792 796

Pamplemousses 269 102 121 166 265 131 131 137

Riviere du Rempart 138 65 126 195 136 79 105 158

Flacq 201 161 168 177 213 216 186 67

Moka 109 72 79 151 130 68 84 130

Lower Plaines Wilhems 605 663 541 485 653 674 477 590

Upper Plaines Wilhems 395 226 243 328 336 294 280 211

Grand Port 112 271 137 143 145 268 137 132

Savanne 48 80 98 85 71 80 95 84

Black River 210 193 134 202 189 196 162 163

Rodrigues 109 96 111 16 100 98 91 15

Island of Mauritius 2,811 2,748 2,453 2,586 3,079 2,973 2,449 2,468

Republic of Mauritius 2,920 2,844 2,564 2,602 3,179 3,071 2,540 2,483

Table 6.6 - Small Claim Procedure at the District Courts, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018

Port Louis Division I 76 142 137 154 85 109 163 113

Pamplemousses 80 106 94 136 92 101 71 76

Riviere du Rempart 81 120 87 72 88 80 124 47

Flacq 240 286 347 173 160 357 278 208

Moka 89 76 42 84 85 82 23 97

Lower Plaines Wilhems 106 172 79 109 193 147 117 77

Upper Plaines Wilhems 151 180 109 144 127 160 140 99

Grand Port 86 143 63 141 73 166 52 61

Savanne 63 102 68 79 55 90 80 44

Black River 69 100 81 85 73 101 85 68

Rodrigues 0 8 4 10 1 4 6 9

Island of Mauritius 1,041 1,427 1,107 1,177 1,031 1,393 1,133 890

Republic of Mauritius 1,041 1,435 1,111 1,187 1,032 1,397 1,139 899

Cases lodged Cases disposed of

Cases lodged Cases disposed of

0 for Nil

30

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2015 2016 2017 2018 2015 2016 2017 2018

Lower Plaines Wilhems 0 0 47 68 0 0 0 90

Upper Plaines Wilhems 378 776 733 525 312 569 741 646

Grand Port 59 93 59 186 51 79 75 134

Savanne 41 31 0 3 32 16 15 7

Island of Mauritius 478 900 839 782 395 664 831 877

2015 2016 2017 2018 2015 2016 2017 2018

Port Louis Division I 231 299 229 183 244 290 230 178

Pamplemousses 122 181 148 199 112 154 174 185

Riviere du Rempart 120 176 153 194 115 170 151 177

Flacq 152 143 228 187 152 149 217 182

Moka 78 101 115 158 94 102 111 157

Lower Plaines Wilhems 544 661 472 464 575 622 490 445

Upper Plaines Wilhems 221 256 114 180 204 233 158 189

Grand Port 130 118 110 126 124 116 116 118

Savanne 25 79 85 93 25 75 87 88

Black River 102 211 217 151 104 201 231 147

Rodrigues 45 63 60 73 45 57 65 66

Island of Mauritius 1,725 2,225 1,871 1,935 1,749 2,112 1,965 1,866

Republic of Mauritius 1,770 2,288 1,931 2,008 1,794 2,169 2,030 1,932

Cases lodged Cases disposed of

Table 6.7 - State debts cases at the District Courts1, 2015 - 2018

Cases lodged Cases disposed of

1State debts cases not available/lodged and disposed of at other District Courts

0 for Nil

Table 6.8 - Cases under the Protection from Domestic Violence Act 1997 at the District Courts,

2015 - 2018

31

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2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

Applications received 1,889 1,981 40 25 2 2 0 0 1,931 2,008

Interim Orders issued 1,695 1,728 10 7 0 0 0 0 1,705 1,735

Orders issued 1,113 1,092 13 8 2 0 0 0 1,128 1,100

Applications withdrawn/set aside/struck

out/dismissed862 813 40 19 0 0 0 0 902 832

Cases where parties have been ordered to

attend counselling sessions45 26 Nap Nap Nap Nap Nap Nap 45 26

Nap for Not applicable

Figures for applications received/orders issued are not necessarily comparable to cases lodged/disposed of (Table 6.8) due to applications made for different Orders or for more

than one person in a case

0 for Nil

Table 6.9 - Type of Orders under the Protection from Domestic Violence Act 1997 at the District Courts, 2017 & 2018

Orders

Total

Protection Occupation Tenancy Revocation

32

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2017 2018 2017 2018 2017 2018

Applications received 1,542 1,513 347 468 1,889 1,981

Interim Orders issued 1,375 1,310 320 418 1,695 1,728

Orders issued 920 829 193 263 1,113 1,092

Applications withdrawn/set aside/struck

out/dismissed709 633 153 180 862 813

Cases where parties have been ordered to

attend counselling sessions39 25 6 1 45 26

Male Female Total Male Female Total Male Female Total

Applications received 97 1,416 1,513 150 318 468 247 1,734 1,981

Interim Orders issued 74 1,236 1,310 136 282 418 210 1,518 1,728

Orders issued 46 783 829 92 171 263 138 954 1,092

Applications withdrawn/set aside/struck

out/dismissed60 573 633 59 121 180 119 694 813

Cases where parties have been ordered to

attend counselling sessions1 4 21 25 0 1 1 4 22 26

1All the applicants for counselling sessions were female spouses/partners. However, both parties (i.e husband and wife) attended the counselling sessions

0 for Nil

Table 6.10 - Protection Orders under the Protection from Domestic Violence Act 1997 at the District

Courts, by spouse/partner and other persons living under the same roof, 2017 & 2018

Spouse/partnerOther persons living under

the same roofTotal

Table 6.11 - Protection Orders under the Protection from Domestic Violence Act 1997 at the District Courts, by spouse/partner and

other persons living under the same roof and by sex, 2018

Spouse/partnerOther persons living under

the same roofTotal

33

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Age groupApplications

received

Interim Orders

issued

Protection

Orders issued

Applications

withdrawn/struck

out/dismissed/set

aside

Cases where parties

have been ordered

to attend counselling

sessions1

Both sexes 1,513 1,310 829 633 25

Under 18 9 8 4 5 1

18 - 29 387 325 219 145 2

30 - 39 497 437 266 214 6

40 - 49 405 356 221 183 10

50 - 59 159 131 93 67 6

60 & over 56 53 26 19 0

Male 97 74 46 60 4

Under 18 1 1 1 0 0

18 - 29 10 6 6 3 0

30 - 39 27 19 14 17 2

40 - 49 26 22 14 28 2

50 - 59 21 15 10 8 0

60 & over 12 11 1 4 0

Female 1,416 1,236 783 573 21

Under 18 8 7 3 5 1

18 - 29 377 319 213 142 2

30 - 39 470 418 252 197 4

40 - 49 379 334 207 155 8

50 - 59 138 116 83 59 6

60 & over 44 42 25 15 0

Table 6.12 - Protection Orders (spouse/partner) under the Protection from Domestic Violence

Act 1997 at the District Courts, by age group & sex, 2018

1All the applicants for counselling sessions were female spouses/partners. However, both parties (i.e husband and wife) attended the

counselling sessions

0 for Nil

34

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35

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36

8. CASES (CIVIL AND CRIMINAL) IN THE REPUBLIC OF MAURITIUS

The number of cases lodged in the Republic of Mauritius increased marginally by 0.8% from

118,468 in 2017 to 119,470 in 2018 with an increase of 1.3% for criminal cases from 99,885

to 101,208 and a fall of 1.7% for civil cases from 18,583 to 18,262. The same trend was

observed for the Island of Rodrigues, a rise was noted in criminal cases from 3,605 to 4,484

whilst a fall for civil cases from 175 to 99.

For the same period, the total number of cases disposed of decreased by 2.6% from 122,021

to 118,825. This resulted from a fall of 3.9% in criminal cases from 103,387 to 99,334 and a

rise of 4.6% in civil cases from 18,634 to 19,491.

At the end of year 2018, a physical count of the total number of outstanding cases was 42,170

with 27,745 for criminal and 14,425 for civil cases, a rise of 2.9% over the 2017 figure of

40,980 (Tables 7.1 - 7.3).

Page 45: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Table 7.1 - Total cases, Republic of Mauritius, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Supreme Court 8,594 8,650 9,811 10,183 9,394 10,155 9,637 9,720 9,681 9,059 9,265 11,032 8,307 9,746 10,183 8,871

Appeal cases 539 542 580 667 303 345 374 347 300 307 287 577 542 580 667 437

Other cases 8,055 8,108 9,231 9,516 9,091 9,810 9,263 9,373 9,381 8,752 8,978 10,455 7,765 9,166 9,516 8,434

Intermediate Court1 6,422 5,041 4,957 4,458 3,163 3,107 2,625 2,330 3,280 3,191 3,322 2,897 6,305 4,957 4,260 3,891

Industrial Court 1,090 1,117 1,362 1,766 1,231 1,255 1,526 1,189 1,204 1,010 1,122 1,112 1,117 1,362 1,766 1,843

District Courts1 30,410 33,609 27,637 24,600 121,869 116,868 100,900 101,648 118,670 122,840 104,335 99,345 33,609 27,637 24,202 26,903

Court of Rodrigues1 510 932 766 518 5,507 4,294 3,780 4,583 5,085 4,460 3,977 4,439 932 766 569 662

Island of Mauritius 46,516 48,417 43,767 41,007 135,657 131,385 114,688 114,887 132,835 136,100 118,044 114,386 49,338 43,702 40,411 41,508

Republic of Mauritius 47,026 49,349 44,533 41,525 141,164 135,679 118,468 119,470 137,920 140,560 122,021 118,825 50,270 44,468 40,980 42,170

1 Number of civil and criminal cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017

Cases pending at the beginning

of the yearCases lodged Cases disposed of

Cases outstanding at the end

of the year

37

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Table 7.2 - Total criminal cases, Republic of Mauritius, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Supreme Court 241 243 242 265 198 170 181 152 196 171 158 240 243 242 265 177

Appeal cases 205 208 213 234 163 150 153 133 160 145 132 222 208 213 234 145

Other cases 36 35 29 31 35 20 28 19 36 26 26 18 35 29 31 32

Intermediate Court1 2,210 2,177 2,006 1,983 1,277 1,160 1,196 1,100 1,310 1,331 1,246 1,325 2,177 2,006 1,956 1,758

Industrial Court 215 189 241 303 218 262 273 304 244 210 211 176 189 241 303 431

District Courts1 28,481 31,879 25,749 22,818 115,814 109,568 94,630 95,168 112,416 115,698 97,957 93,244 31,879 25,749 22,422 24,742

Court of Rodrigues 472 886 712 502 5,353 4,127 3,605 4,484 4,939 4,301 3,815 4,349 886 712 502 637

Island of Mauritius 31,147 34,488 28,238 25,369 117,507 111,160 96,280 96,724 114,166 117,410 99,572 94,985 34,488 28,238 24,946 27,108

Republic of Mauritius 31,619 35,374 28,950 25,871 122,860 115,287 99,885 101,208 119,105 121,711 103,387 99,334 35,374 28,950 25,448 27,745

1 Number of criminal cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017

Cases pending at the beginning

of the yearCases lodged Cases disposed of

Cases outstanding at the end

of the year

38

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Table 7.3 - Total civil cases, Republic of Mauritius, 2015 - 2018

2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018 2015 2016 2017 2018

Supreme Court 8,353 8,407 9,569 9,918 9,196 9,985 9,456 9,568 9,485 8,888 9,107 10,792 8,064 9,504 9,918 8,694

Appeal cases 334 334 367 433 140 195 221 214 140 162 155 355 334 367 433 292

Other cases 8,019 8,073 9,202 9,485 9,056 9,790 9,235 9,354 9,345 8,726 8,952 10,437 7,730 9,137 9,485 8,402

Intermediate Court 4,212 2,864 2,951 2,475 1,886 1,947 1,429 1,230 1,970 1,860 2,076 1,572 4,128 2,951 2,304 2,133

Industrial Court 875 928 1,121 1,463 1,013 993 1,253 885 960 800 911 936 928 1,121 1,463 1,412

District Courts 1,929 1,730 1,888 1,782 6,055 7,300 6,270 6,480 6,254 7,142 6,378 6,101 1,730 1,888 1,780 2,161

Court of Rodrigues 38 46 54 16 154 167 175 99 146 159 162 90 46 54 67 25

Island of Mauritius 15,369 13,929 15,529 15,638 18,150 20,225 18,408 18,163 18,669 18,690 18,472 19,401 14,850 15,464 15,465 14,400

Republic of Mauritius 15,407 13,975 15,583 15,654 18,304 20,392 18,583 18,262 18,815 18,849 18,634 19,491 14,896 15,518 15,532 14,425

1 Number of civil cases pending at the beginning of year 2018 have been revised in light of physical count carried out at the end of the year 2017

Cases pending at the beginning

of the yearCases lodged Cases disposed of

Cases outstanding at the end

of the year

39

Page 48: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

40

40,000

50,000

60,000

70,000

80,000

90,000

100,000

110,000

120,000

130,000

Lodged Disposed of Outstanding

Nu

mb

er

of

cases

Figure 7.1 - Total cases lodged, disposed of and outstanding,

Republic of Mauritius, 2017 & 2018

2017

2018

20,000

30,000

40,000

50,000

60,000

70,000

80,000

90,000

100,000

110,000

Lodged Disposed of Outstanding

Nu

mb

er

of

case

s

Figure 7.2 - Total criminal cases lodged, disposed of and outstanding,

Republic of Mauritius, 2017 & 2018

2017

2018

Page 49: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

41

9. CRIME STATISTICS

9.1 Summary of criminal offences disposed of

About 73% (89,974) of the 123,058 criminal offences disposed of in 2018, the defendants

were proven guilty and sentenced; while 27% of the offences were acquitted or non-

adjudicated (Figure 8.2).

The Supreme Court has the highest percentage (95%) of offences proven guilty followed by

the Court of Rodrigues (90%) and both the Industrial Court and District Court of Flacq

(84%).

Only 4,218 (4.7%) of the offences proven guilty were sentenced to Custodial Orders, i.e. the

persons were detained in an institution to serve their sentences. For the majority 95.3%

(85,756) of these offences, the defendants were either sentenced to pay fines or to serve

Community Service/Probation Orders (Non-Custodial Orders).

All of the sentences pronounced (proven guilty) at the Supreme Court were Custodial Orders.

Conversely, all the sentences pronounced at the Industrial Court were Non-Custodial Orders.

9.2 Convicted offences

The classification of criminal offences, as from this issue, is based on the latest International

Classification of Crime for Statistical Purposes (ICCS) Version 1.0, developed by the United

Nations Office on Drugs and Crime (UNODC) and released in March 2015, where figures for

years 2017 and 2018 have been worked out accordingly. The ICCS is the first common

framework to group all kinds of criminal offences into categories that are useful for

producing crime statistics all over the world. Its primary unit of classification is the act or

event that constitutes a criminal offence and the description of the criminal acts is based on

behaviours and not on legal provisions.

The overall convicted offences decreased by 5.3% from 94,981 in 2017 to 89,974 in 2018

(Table 8.3). This fall was largely due to declines in forgery/counterfeiting (-37.3%), homicide

(-31.1%), theft (-22.1%), corruption (-21.9%), assaults (-15.2%), drug offences (-11.4%),

robbery (-8.8%), burglary (-7.3%) and non-injurious traffic violations (-4.0%).

About 73% of the criminal offences disposed of in the Republic of Mauritius in 2018 were

road traffic contraventions. In addition to the 65,765 contraventions convicted in 2018 as

shown in Table 8.3, more road traffic contraventions were paid via fixed penalty notices.

These are directly paid to cash offices and are not considered as offences lodged and disposed

of at court. However, if the contravened is not agreeable to pay the fine, then a case is

lodged.

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2017 2018 2017 2018 2017 2018

Acts leading to death or intending to cause

death137 92 7 5 144 97

Intentional homicide 17 14 0 0 17 14

Non-intentional homicide 117 75 6 5 123 80

Illegal feticide 2 3 1 0 3 3

Other acts leading to death or intending to

cause death1 0 0 0 1 0

Acts causing harm or intending to cause

harm to the person16,175 14,832 420 398 16,595 15,230

Assault 7,004 5,445 235 267 7,239 5,712

Serious assault 340 339 11 15 351 354

Minor assault (simple assault/wounds

and blows)6,664 5,106 224 252 6,888 5,358

Other assaults or threats 391 254 9 8 400 262

Acts against liberty 27 7 1 0 28 7

Trafficking in persons 0 2 0 0 0 2

Coercion 5 1 0 0 5 1

Negligence 5,756 6,069 61 65 5,817 6,134

of which driving without due care and

dangerous driving1,469 1,316 45 45 1,514 1,361

making use of cellular phone whilst

driving3,730 4,343 7 7 3,737 4,350

Dangerous acts 2,992 3,054 114 58 3,106 3,112

of which driving motor vehicle with

alcohol concentration above prescribed

limit2

1,330 1,263 81 55 1,411 1,318

Injurious acts of a sexual nature 336 379 28 27 364 406

Sexual violence 209 272 26 13 235 285

of which rape 10 10 4 2 14 12

sodomy 26 27 4 0 30 27

sexual intercourse with minor

under 16; with handicapped

person; with specified person

89 130 11 9 100 139

Sexual exploitation 127 107 2 14 129 121

Acts against property involving violence or

threat against a person1,689 1,600 29 23 1,718 1,623

Robbery 1,689 1,600 29 23 1,718 1,623

Acts against property only 4,706 3,729 116 112 4,822 3,841

Burglary 758 687 15 29 773 716

Theft 2,884 2,258 77 57 2,961 2,315

Intellectual property offences 132 46 0 0 132 46

Property damage 932 738 24 26 956 764

Table 8.1 - Criminal offences1 disposed of, Republic of Mauritius, 2017 & 2018

Island of Mauritius Island of Rodrigues Republic of Mauritius

42

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2017 2018 2017 2018 2017 2018

Acts involving controlled drugs or other

psychoactive substances (drug offences)1,846 1,717 266 165 2,112 1,882

Acts involving fraud, deception or

corruption5,704 4,902 152 132 5,856 5,034

Fraud 325 385 5 1 330 386

Forgery/counterfeiting 449 393 1 2 450 395

Corruption 259 246 16 4 275 250

of which bribery by public official 12 1 0 0 12 1

bribery of public official 7 4 0 0 7 4

Acts involving the proceeds of crime 4,539 3,738 123 121 4,662 3,859

Other acts involving fraud, deception or

corruption132 140 7 4 139 144

Acts against public order, authority and

provisions of the State6,251 5,275 145 115 6,396 5,390

Acts against public order behavioural standards 1,025 754 72 88 1,097 842

Acts against public order sexual standards 112 51 1 4 113 55

Acts contrary to public revenue or

regulatory provisions1,084 842 22 3 1,106 845

of which revenue offences 1,065 831 22 3 1,087 834

Acts against the justice system 3,814 3,279 50 20 3,864 3,299

Acts related to democratic elections 2 44 0 0 2 44

Acts contrary to labour law 214 305 0 0 214 305

Acts against public safety and state security 78,737 74,322 3,149 4,017 81,886 78,339

Acts involving weapons, explosives and

other destructive materials210 152 3 11 213 163

Acts against computer systems 470 447 25 6 495 453

Non-injurious traffic violations 3 78,057 73,723 3,121 4,000 81,178 77,723

of which speeding 5,746 6,491 73 45 5,819 6,536

failing to wear seat belt

whilst driving4,503 4,761 73 106 4,576 4,867

driving without licence 2,595 2,256 31 40 2,626 2,296

protective helmet improperly

secured1,693 1,629 63 48 1,756 1,677

Acts against the natural environment 1,054 1,402 23 25 1,077 1,427

Other criminal acts not elsewhere classified 9,539 9,291 260 498 9,799 9,789

Total 126,174 117,541 4,595 5,517 130,769 123,058

of which road traffic offences3

84,586 80,645 3,254 4,107 87,840 84,752

2 Formerly 'Driving under the influence of liquor' 0 for Nil

Table 8.1 (cont'd) - Criminal offences1 disposed of, Republic of Mauritius, 2017 & 2018

Island of Mauritius Island of Rodrigues Republic of Mauritius

1An offence may involve one or more persons and based on international classification of crime for Statistical purpose (ICCS)

Version 1.0 (UNODC)

3 Exclude figures on fixed penalty notice

43

Page 52: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Table 8.2 - Criminal offences1 disposed of by courts and outcome of judgment, Republic of Mauritius, 2017 & 2018

2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

Supreme Court 4 1 25 21 0 0 1 0 0 0 30 22

Industrial Court 25 48 0 0 0 0 189 257 0 0 214 305

Intermediate Court 2,086 1,993 1,488 1,249 0 3 929 872 808 941 5,311 5,058

District Courts: 32,965 30,503 3,560 2,795 103 78 81,958 76,999 2,033 1,781 120,619 112,156

Port Louis Div II 2,155 2,788 356 437 5 8 8,287 5,073 141 65 10,944 8,371

Port Louis Div III 2,843 6,139 389 220 6 9 5,028 9,214 196 146 8,462 15,728

Pamplemousses 4,477 2,623 400 429 10 4 12,159 9,052 290 280 17,336 12,388

Riviere du Rempart 4,602 3,900 423 305 21 16 8,008 6,319 385 307 13,439 10,847

Flacq 4,146 2,418 505 455 20 7 11,626 12,401 274 302 16,571 15,583

Moka 2,141 1,022 114 112 1 10 6,568 4,622 110 72 8,934 5,838

Lower Plaines Wilhems 3,172 4,138 567 184 7 3 6,929 5,934 208 217 10,883 10,476

Upper Plaines Wilhems 4,128 2,861 131 50 5 7 8,290 8,474 53 56 12,607 11,448

Grand Port 1,501 1,567 309 290 6 3 6,532 6,853 195 89 8,543 8,802

Savanne 1,448 1,241 220 147 5 3 4,693 5,289 91 179 6,457 6,859

Black River 2,352 1,806 146 166 17 8 3,838 3,768 90 68 6,443 5,816

Court of Rodrigues 708 539 28 67 12 5 3,673 4,663 174 243 4,595 5,517

Island of Mauritius 35,080 32,545 5,073 4,065 103 81 83,077 78,128 2,841 2,722 126,174 117,541

Republic of Mauritius 35,788 33,084 5,101 4,132 115 86 86,750 82,791 3,015 2,965 130,769 123,058

0 for Nil1An offence may involve one or more persons

2Acquitted means dismissed and non-adjudicated means struck out and Nolle Prosequi

Acquitted & non-

adjudicated2

Convictions by penalty imposed

TotalImprisonment

RYC, CYC & other

institutionsFine

Probation, Community

Service, Conditional &

Absolute Discharges

44

Page 53: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Figure 8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2018

1 An offence may involve one or more persons

2 Acquitted means dismissed and non-adjudicated comprises struck out & Nolle Prosequi

3 Custodial Orders comprise imprisonment and detention in Rehabilitation & Correctional Youth Centres

45

District Courts

District Courts

(Island of

Mauritius)

112,156

(91%)

Criminal offences1

disposed of

123,058

(100%)

Intermediate Court

5,058

(4%)

Industrial Court

305

(negligible)

Supreme Court

(exclude appeal cases)

22

(negligible)

Court of Rodrigues

5,517

(5%)

Acquitted &

non-

adjudicated2

1

(5%)

Proven

guilty

21

(95%)

Acquitted &

non-

adjudicated2

48

(16%)

10

(3.6%)

Proven

guilty

257

(84%)

Acquitted &

non-

adjudicated2

1,993

(39%)

Proven

guilty

3,065

(61%)

Acquitted &

non-

adjudicated2

30,503

(27%)

Proven

guilty

81,653

(73%)

Acquitted &

non- adjudicated2

539

(10%)

Proven

guilty

4,978

(90%)

Custodial

Orders3

21

(100%)

Non -

Custodial

Orders

Nil

Custodial

Orders3

Nil

Non -

Custodial

Orders

257

(100%)

Custodial

Orders3

1,252

(41%)

Non -

Custodial

Orders

1,813

(59%)

Custodial

Orders3

2,873

(4%)

Non -

Custodial

Orders

78,780

(96%)

Custodial

Orders3

72

(1%)

Non -

Custodial

Orders

4,906

(99%)

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2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

Acts leading to death or intending to cause death 40 24 0 0 58 33 0 0 5 16 0 0 103 73

Intentional homicide 15 12 0 0 0 2 0 0 0 0 0 0 15 14

Murder 5 4 0 0 0 0 0 0 0 0 0 0 5 4

Manslaughter 10 8 0 0 0 2 0 0 0 0 0 0 10 10

Non-intentional homicide 25 12 0 0 58 31 0 0 5 14 0 0 88 57

Wounds & blows causing death without intention to kill 20 7 0 0 5 8 0 0 0 4 0 0 25 19

Involuntary homicide 5 5 0 0 53 23 0 0 5 10 0 0 63 38

Illegal feticide (abortion) 0 0 0 0 0 0 0 0 0 2 0 0 0 2

Acts causing harm or intending to cause harm to the

person308 318 1 0 9,750 9,414 37 99 58 99 198 144 10,352 10,074

Serious assault 55 52 0 0 132 120 2 16 12 23 52 33 253 244

of which assault causing sickness or

incapacity for personal labour for

> 20 days

16 4 0 0 13 27 0 7 2 4 25 6 56 48

assault against an agent of Civil

Authority27 19 0 0 87 76 0 6 6 7 13 17 133 125

assault with premeditation 9 24 0 0 30 10 1 2 3 10 13 8 56 54

Minor assault 155 195 1 0 2,462 2,299 34 72 22 39 93 78 2,767 2,683

Simple Assaults/ wounds & blows 55 54 1 0 2,044 1,670 26 59 19 30 76 41 2,221 1,854

Offences under Protection from

Domestic Violence Act 100 141 0 0 418 629 8 13 3 9 17 37 546 829

Other assaults or threats 33 31 0 0 102 75 0 3 11 5 49 29 195 143

of which threatening in verbally/writing 27 28 0 0 48 56 0 2 11 4 43 28 129 118

Acts against liberty 16 6 0 0 0 0 0 0 1 0 0 0 17 6

Sequestration/kidnapping 13 5 0 0 0 0 0 0 0 0 0 0 13 5

Abducting Child (CPA) 4 3 1 0 0 0 0 0 0 1 0 0 0 4 1

0 for Nil

Table 8.3 - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018

Offences Imprisonment

RYC, CYC &

other

Institutions2

Fine ProbationCommunity

Service

Conditional &

Absolute

Discharges

Total

45

46

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2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

Coercion (extortion) 0 0 0 0 0 1 0 0 1 0 1 0 2 1

Negligence 17 11 0 0 4,506 4,614 1 8 5 16 2 0 4,531 4,649

Involuntary wounds & blows 6 0 0 0 368 307 0 0 0 6 0 0 374 313

Child ill-treatment (CPA) 6 4 0 0 5 9 1 7 1 0 2 0 15 20

Abandonment of Child (CPA) 0 0 0 0 0 1 0 1 1 0 0 0 1 2

Traffic offences under Road Traffic Act 5

Driving without due care and attention & dangerous

driving5 3 0 0 1,137 1,069 0 0 3 9 0 0 1,145 1,081

Making use of cellular phone whilst driving 0 4 0 0 2,996 3,228 0 0 0 1 0 0 2,996 3,233

Dangerous acts 32 23 0 0 2,548 2,305 0 0 6 16 1 4 2,587 2,348

of which offences under The Food Act 0 0 0 0 1,415 1,281 0 0 1 0 1 0 1,417 1,281

Traffic offences under Road Traffic Act

Driving motor vehicle with alcohol

concentration above prescribed limit 32 23 0 0 1,133 1,024 0 0 5 16 0 3 1,170 1,066

Injurious acts of a sexual nature 57 68 5 1 11 20 0 2 22 30 49 40 144 161

Sexual violence 47 53 5 1 1 4 0 2 21 25 36 32 110 117

Rape 5 6 0 0 1 0 0 0 0 0 0 0 6 6

Sodomy 6 5 1 1 0 0 0 0 2 1 0 2 9 9

Attempt upon chastity 17 26 3 0 0 4 0 2 13 6 2 5 35 43

Sexual intercourse with minor under 16; with

handicapped person; with specified person17 16 1 0 0 0 0 0 6 15 34 25 58 56

Incest (Sexual intercourse with specified person) 2 0 0 0 0 0 0 0 0 3 0 0 2 3

Sexual exploitation 10 15 0 0 10 16 0 0 1 5 13 8 34 44

Procuring, enticing and exploiting a person 0 0 0 0 0 6 0 0 0 1 0 3 0 10

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018

Offences Imprisonment

RYC, CYC &

other

Institutions2

Fine ProbationCommunity

Service

Conditional &

Absolute

Discharges

Total

47

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2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

Causing child to be sexually abused; accessing to a

brothel;and engaging in prostitution (CPA)10 15 0 0 10 10 0 0 1 4 13 5 34 34

Acts against property involving violence or threat against

a person (Robbery)978 807 32 30 62 99 46 33 102 109 298 306 1,518 1,384

Larceny on public road 185 112 0 0 8 9 2 0 2 15 27 32 224 168

Larceny with violence by night breaking 14 19 2 0 1 1 0 2 0 1 7 16 24 39

Larceny armed with offensive weapon 57 67 1 0 4 7 0 0 1 1 2 1 65 76

Larceny with aggravating circumstances/violence upon

minors/handicapped persons166 147 8 1 9 15 19 7 37 12 37 45 276 227

Larceny by two or more individuals 556 462 21 29 40 67 25 24 62 80 225 212 929 874

Acts against property only 1,795 1,332 26 18 1,466 1,162 78 66 178 151 503 500 4,046 3,229

Burglary 549 496 14 9 44 48 5 3 33 34 94 95 739 685

Larceny by night breaking 224 189 4 5 6 12 2 0 17 18 37 23 290 247

Larceny (day) breaking 94 100 1 0 9 7 2 0 2 2 17 14 125 123

Larceny scaling 231 207 9 4 29 29 1 3 14 14 40 58 324 315

Theft 1,229 813 12 9 902 750 70 58 134 108 393 397 2,740 2,135

Attempt at larceny 133 83 7 4 39 37 1 2 4 14 25 26 209 166

Larceny by servant or any person in receipt of wages 65 42 0 0 16 5 22 10 46 40 152 148 301 245

Other simple larcenies 1,031 688 5 5 847 708 47 46 84 54 216 223 2,230 1,724

Intellectual property offences (Breach of Copyright Act) 0 1 0 0 66 21 0 0 6 1 0 0 72 23

Property damage 17 22 0 0 454 343 3 5 5 8 16 8 495 386

of which arson 3 5 0 0 1 0 0 0 2 1 1 1 7 7

Acts involving controlled drugs or other psychoactive

substances (Drug offences)212 275 0 0 1,812 1,532 9 9 27 1 8 16 2,068 1,833

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018

Offences Imprisonment

RYC, CYC &

other

Institutions2

Fine ProbationCommunity

Service

Conditional &

Absolute

Discharges

Total

48

Page 57: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

Acts involving fraud, deception or corruption 408 348 2 1 600 551 32 31 221 279 338 271 1,601 1,481

Fraud 68 72 0 0 102 119 3 11 64 52 31 45 268 299

of which issuing cheque without provision 22 28 0 0 79 103 2 0 32 33 22 35 157 199

swindling 44 44 0 0 22 15 1 11 31 19 9 10 107 99

Forgery/counterfeiting 130 62 0 0 83 36 3 0 85 86 82 56 383 240

Forgery of passport/making use of forged passport 1 13 0 0 3 0 0 0 1 9 19 12 24 34

Making use of forged document 34 19 0 0 29 3 1 0 35 17 20 0 119 39

Counterfeiting bank notes/possession/uttering of

counterfeit bank notes 20 2 0 0 1 3 1 0 1 5 2 3 25 13

Forgery 75 28 0 0 50 30 1 0 48 55 41 41 215 154

Corruption 36 21 0 0 53 37 6 3 41 41 42 37 178 139

Embezzlement (simple) 31 15 0 0 53 34 6 3 26 29 38 37 154 118

Offences under POCA 3

Bribery by Public Official 1 0 0 0 0 0 0 0 1 0 0 0 2 0

Bribery of Public Official 1 1 0 0 0 0 0 0 1 3 3 0 5 4

Other offences under POCA 3 5 0 0 0 3 0 0 13 9 1 0 17 17

Acts involving the proceeds of crime 140 169 2 1 308 315 17 16 26 74 169 129 662 704

Receiving and Possession of stolen property 140 139 2 1 292 240 17 16 26 68 169 129 646 593

Money laundering 0 30 0 0 16 75 0 0 0 6 0 0 16 111

Other acts involving fraud, deception or corruption 34 24 0 0 54 44 3 1 5 26 14 4 110 99

Demanding money or property by threat of false

accusation21 13 0 0 3 9 2 0 0 1 2 2 28 25

Usurping public function 4 0 0 0 1 0 0 0 0 1 0 0 5 1

Fraud and dishonesty other 9 11 0 0 50 35 1 1 5 24 12 2 77 73

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018

Offences Imprisonment

RYC, CYC &

other

Institutions2

Fine ProbationCommunity

Service

Conditional &

Absolute

Discharges

Total

49

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2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

Acts against public order, authority and provisions of the

State970 667 1 3 4,530 3,888 11 23 69 56 234 175 5,815 4,812

Acts against public order behavioural standards 29 39 0 1 895 628 1 6 7 8 33 21 965 703

of which rogue and vagabond 28 39 0 1 382 359 1 6 7 8 32 21 450 434

Acts against public order sexual standards 7 3 0 0 51 33 2 0 9 1 3 1 72 38

Sexual offences other (e.g dealing in obscene matter) 3 0 0 0 5 6 0 0 9 0 0 0 17 6

Sollicits/importunes another person for immoral purpose 4 1 0 0 21 11 0 0 0 0 0 0 25 12

Indecent act in public 0 2 0 0 25 16 2 0 0 1 3 1 30 20

Acts contrary to public revenue or regulatory provisions 1 0 0 0 921 717 0 0 1 0 2 0 925 717

of which revenue offences 1 0 0 0 908 708 0 0 1 0 2 0 912 708

Acts against the justice system 933 625 1 2 2,472 2,221 8 17 52 47 196 153 3,662 3,065

of which swearing false affidavit 1 0 0 0 1 1 0 0 0 1 3 1 5 3

giving false evidence 0 0 0 0 0 2 0 0 0 0 0 0 0 2

breach of other conditions (Bail Act) 776 520 0 0 2,253 2,035 0 8 11 8 92 75 3,132 2,646

Acts related to democratic elections6 0 0 0 0 2 32 0 0 0 0 0 0 2 32

Acts contrary to labour law 0 0 0 0 189 257 0 0 0 0 0 0 189 257

Acts against public safety and state security 266 188 0 0 62,846 60,345 8 25 242 226 135 100 63,497 60,884

Acts involving weapons, explosives and other destructive

materials (Bearing offensive weapon)27 22 0 0 142 117 0 4 2 3 16 6 187 152

Acts against computer systems 132 89 0 0 173 100 0 21 7 47 115 90 427 347

Illegal/unauthorized access to and/or interception of

computer system/data132 80 0 0 154 46 0 8 7 24 111 45 404 203

Computer-related fraud/forgery 0 7 0 0 18 54 0 13 0 23 4 45 22 142

Child pornography 0 1 0 0 0 0 0 0 0 0 0 0 0 1

Indecent photographs of children 0 1 0 0 1 0 0 0 0 0 0 0 1 1

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018

Offences Imprisonment

RYC, CYC &

other

Institutions2

Fine ProbationCommunity

Service

Conditional &

Absolute

Discharges

Total

50

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2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018 2017 2018

Non-injurious traffic violations5 107 77 0 0 62,531 60,128 8 0 233 176 4 4 62,883 60,385

Acts against the natural environment 1 1 0 0 893 1,096 0 0 3 0 0 0 897 1,097

Environment Protection Act (breach of) 1 0 0 0 645 970 0 0 0 0 0 0 646 970

Offences under the Fisheries and Marine Resources Act 0 1 0 0 227 117 0 0 3 0 0 0 230 118

Offences under The Wild Life and National Parks Act 0 0 0 0 5 0 0 0 0 0 0 0 5 0

Offences under Forest and Reserve Act 0 0 0 0 16 9 0 0 0 0 0 0 16 9

Other criminal acts not elsewhere classified 66 104 48 33 4,722 4,651 16 19 45 53 43 86 4,940 4,946

of which offence under the Public Officers'

Protection Act /molesting /obstructing/

outrage against a Public Officer

4 6 0 0 200 109 0 3 1 4 7 5 212 127

offences under the Local Govt. Act 1 1 0 0 1,228 1,064 0 0 13 4 0 1 1,242 1,070

Information and Communication

Technology Act1 12 0 0 45 37 0 0 1 4 15 17 62 70

Total 5,101 4,132 115 86 86,750 82,791 237 307 972 1,020 1,806 1,638 94,981 89,974

of which road traffic contraventions5 144 107 0 0 67,797 65,449 8 0 241 202 4 7 68,194 65,765

1An offence may involve one or more persons and based on international classification of crime for Statistical purpose (ICCS) Version 1.0 (UNODC)

2 RYC and CYC stand for Rehabilitation and Correctional Youth Centres respectively

3 Prevention of Corruption Act

4 Child Protection Act

5 Exclude figures under fixed penalty notice

0 for Nil

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2017 & 2018

Offences Imprisonment

RYC, CYC &

other

Institutions2

Fine ProbationCommunity

Service

Conditional &

Absolute

Discharges

Total

51

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Offences

Div II Div III

Acts leading to death or intending to cause

death2 0 1 3 2 5 1 0 2 0 5 36 13 0 3 73

Intentional homicide 0 0 0 0 2 0 0 0 0 0 0 0 12 0 0 14

Non-intentional homicide 2 0 1 3 0 5 1 0 2 0 5 34 1 0 3 57

Illegal feticide 0 0 0 0 0 0 0 0 0 0 0 2 0 0 0 2

Acts causing harm or intending to cause

harm to the person614 1,262 873 923 1,064 743 439 815 1,201 493 507 57 0 0 254 9,245

Assault 154 125 198 283 438 111 181 143 78 112 106 34 0 0 135 2,098

Serious assault 19 13 17 20 48 42 15 13 7 11 10 19 0 0 10 244

Minor assault (simple assault/wounds and

blows)135 112 181 263 390 69 166 130 71 101 96 15 0 0 125 1854

Other assaults or threats 6 4 9 11 43 24 5 8 7 7 11 4 0 0 4 143

Acts against liberty 0 0 0 0 0 0 0 0 0 0 0 6 0 0 0 6

Coercion 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1

Negligence 236 615 554 359 372 385 185 396 989 314 175 9 0 0 60 4649

of which driving without due care and

dangerous driving64 118 100 166 182 94 78 99 8 91 39 2 0 0 40 1081

making use of cellular phone whilst driving 135 446 397 148 164 272 89 269 979 203 124 0 0 0 7 3233

Dangerous acts 218 518 112 270 211 222 68 268 127 60 215 4 0 0 55 2348

of which driving motor vehicle with

alcohol concentration above prescribed

limit2

70 93 85 202 73 48 31 145 16 51 196 4 0 0 52 1066

Injurious acts of a sexual nature 0 1 5 5 11 0 0 0 0 0 0 122 0 0 17 161

Sexual violence 0 1 5 5 1 0 0 0 0 0 0 98 0 0 7 117

of which rape 0 0 0 0 0 0 0 0 0 0 0 4 0 0 2 6

sodomy 0 0 0 0 0 0 0 0 0 0 0 9 0 0 0 9

Table 8.4 - Convicted offences1 by court, Republic of Mauritius, 2018

Port Louis Pample-

mousses

Riviere

du

Rempart

FlacqGrand

PortSavanne

Rose-

HillCurepipe

All

CourtsMoka

Black

River

Interme-

diateSC

2IC

3 Rodri-

gues

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Offences

Div II Div III

sexual intercourse with minor

under 16; with handicapped

person; with specified person

0 0 0 0 0 0 0 0 0 0 0 53 0 0 3 56

Sexual exploitation 0 0 0 0 10 0 0 0 0 0 0 24 0 0 10 44

Acts against property involving violence or

threat against a person (Robbery)107 88 149 179 108 115 49 73 24 48 49 377 0 0 18 1,384

Acts against property only 235 176 454 425 398 214 132 263 68 133 183 454 0 0 94 3,229

Burglary 42 38 84 53 60 70 23 42 6 8 44 186 0 0 29 685

Theft 156 116 327 291 308 116 82 199 50 104 116 225 0 0 45 2135

Intellectual property offences 3 8 4 4 0 0 0 0 1 0 0 3 0 0 0 23

Property damage 34 14 39 77 30 28 27 22 11 21 23 40 0 0 20 386

Acts involving controlled drugs or other

psychoactive substances (drug offences)263 75 96 65 67 162 41 216 147 13 50 474 8 0 156 1,833

Acts involving fraud, deception or corruption 113 129 118 96 80 43 29 78 24 27 21 699 0 0 24 1,481

Fraud 13 44 16 29 11 4 5 18 7 13 2 136 0 0 1 299

Forgery/counterfeiting 2 4 1 1 3 3 0 3 1 1 2 217 0 0 2 240

Corruption 2 14 12 13 12 5 1 10 0 2 1 65 0 0 2 139

of which bribery by public official 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0

bribery of public official 0 0 0 0 0 0 0 0 0 0 0 4 0 0 0 4

Acts involving the proceeds of crime 92 52 83 43 48 24 23 39 13 9 15 248 0 0 15 704

Other acts involving fraud, deception or

corruption4 15 6 10 6 7 0 8 3 2 1 33 0 0 4 99

Acts against public order, authority and

provisions of the State339 239 449 467 1,063 371 385 442 143 146 232 185 0 257 94 4,812

Acts against public order behavioural standards 18 79 42 45 112 75 32 83 73 29 36 10 0 0 69 703

Table 8.4 (cont'd) - Convicted offences1 by court, Republic of Mauritius, 2018

Port Louis Pample-

mousses

Riviere

du

Rempart

FlacqGrand

PortSavanne

Rose-

HillCurepipe

All

CourtsMoka

Black

River

Interme-

diateSC

2IC

3 Rodri-

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Offences

Div II Div III

Acts against public order sexual standards 1 1 6 1 5 1 0 12 7 0 2 0 0 0 2 38

Acts contrary to public revenue or regulatory

provisions11 48 28 125 200 102 144 25 0 2 23 6 0 0 3 717

of which revenue offences 11 46 28 125 200 102 143 24 0 2 23 1 0 0 3 708

Acts against the justice system 309 111 373 296 746 193 209 290 63 115 171 169 0 0 20 3065

Acts related to democratic elections 0 0 0 0 0 0 0 32 0 0 0 0 0 0 0 32

Acts contrary to labour law 0 0 0 0 0 0 0 0 0 0 0 0 0 257 0 257

Acts against public safety and state security 3,363 6,171 7,414 4,388 9,061 5,026 4,233 3,710 6,683 3,829 2,732 412 0 0 3,862 60,884

Acts involving weapons, explosives and other

destructive materials12 24 13 7 5 20 11 28 0 0 4 18 0 0 10 152

Acts against computer systems 0 0 0 0 0 0 0 0 0 0 0 341 0 0 6 347

Non-injurious traffic violations 3 3,351 6,147 7,401 4,381 9,056 5,006 4,222 3,682 6,683 3,829 2,728 53 0 0 3,846 60,385

of which speeding 94 648 921 112 767 349 103 568 401 59 288 0 0 0 42 4352

failing to wear seat belt

whilst driving152 234 484 209 783 451 240 280 656 103 120 0 0 0 102 3814

driving without licence 121 133 307 230 379 134 176 48 2 90 61 19 0 0 40 1740

protective helmet improperly

secured132 133 377 138 183 60 31 50 60 21 71 1 0 0 47 1304

Acts against the natural environment 2 466 29 65 172 208 32 86 8 2 6 0 0 0 21 1,097

Other criminal acts not elsewhere classified 545 982 177 331 1,139 348 277 655 287 125 225 249 0 0 435 5,775

Total 5,583 9,589 9,765 6,947 13,165 7,235 5,618 6,338 8,587 4,816 4,010 3,065 21 257 4,978 89,974

of which road traffic offences3 3,620 6,804 7,983 4,897 9,475 5,420 4,420 4,195 7,686 4,174 3,087 59 0 0 3,945 65,765

0 for Nil

2 Formerly 'Driving under the influence of liquor'

Table 8.4 (cont'd) - Convicted offences1 by court, Republic of Mauritius, 2018

Port Louis Pample-

mousses

Riviere

du

Rempart

FlacqGrand

PortSavanne

Rose-

HillCurepipe

All

Courts

1An offence may involve one or more persons and based on international classification of crime for Statistical

purpose (ICCS) Version 1.0 (UNODC)

3 Exclude figures on fixed penalty notice

MokaBlack

River

Interme-

diateSC

2IC

3 Rodri-

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Page 63: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Drug offences 2015 2016 2017 2018

Heroin 486 561 510 548

Importation 6 4 6 1

Dealing 15 8 9 17

Possession (heroin & articles) 407 497 422 482

Consumption 50 43 70 48

Other 8 9 3 0

Gandia 1,129 1,320 1,228 910

Importation 22 4 6 5

Cultivation 129 168 159 99

Dealing 87 33 64 48

Possession (gandia & articles) 656 873 738 580

Consumption 187 239 257 178

Other 48 3 4 0

Other drugs 748 341 330 375

Importation 6 1 1 3

Dealing 114 71 4 22

Possession (drugs & articles) 452 238 305 339

Consumption 68 17 9 11

Other 108 14 11 0

Total 2,363 2,222 2,068 1,833

Table 8.5 - Drug offences convicted by type, Republic of Mauritius, 2015 - 2018

55

Page 64: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Road traffic offences 2017 2018

Breach of condition attached to provisional licence/ carriers licence/ No letter 'L', etc. 5,630 4,778

Driving in wrong direction/on wrong side/ failing to keep right/ left/ No Entry, etc. 927 905

Driving under disqualification 89 60

Driving motor vehicle with alcohol concentration above prescribed limit 1,170 1,066

Driving without due care and attention & dangerous driving 1,145 1,081

Driving without licence 2,095 1,740

Exceeding speed limit 3,983 4,352

Expired certificate of fitness/insurance 128 161

Failing to comply with traffic sign 2,590 2,548

Failing to produce on demand or within delay: driving licence/photocopy/DLC/agreed

statement of facts/certificate of fitness/insurance/registration, etc.10,716 10,976

Failing to comply with police signal 790 606

Failing to submit to a breath/urine/blood test 272 215

Failing to wear high visibility clothing 2,004 2,038

Failing to wear or securely fasten crash helmet 1,400 1,304

Failing to wear seat belt whilst driving 3,635 3,814

Making use of cellular phone whilst driving 2,996 3,233

Not affixed: motor vehicle licence/insurance vignette/certificate of fitness & insurance, etc. 4,081 4,372

Overtaking related traffic offences 796 375

Parking related traffic offences 2,221 2,022

Taking motor vehicle without owner's consent 1,637 1,460

Uninsured motor vehicle/inoperative insurance policy 896 768

Unlicenced motor vehicle 660 525

Vehicle related traffic offences (inefficient silencer, allowing oil to drop, no mirror, no horn,

no brake, no side/rear lamps, worn out tyre, etc.)12,996 12,417

Other traffic offences (including bicycle contraventions) 5,337 4,949

Total 68,194 65,765

Table 8.6 - Road traffic contraventions convicted by type, Republic of Mauritius,

2017 & 2018

56

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57

10. THE LEGAL AID UNIT

During the year 2018, for the Republic of Mauritius, some 3,250 applications for legal

assistance were received, of which 3,225 were for civil cases. The number of legal aid

granted at the Supreme Court decreased by 21.1% from 1,653 in 2017 to 1,305 in 2018.

There were 874 recipients in 2018 with respect to matrimonial cases, 406 for other civil suits

and 25 for criminal cases (Table 9.1).

From 2017 to 2018, the total amount spent with respect to legal aid in the Republic of

Mauritius decreased by 24.5% from Rs 1,021,552 to Rs 771,446.

11. REVENUE AND EXPENDITURE OF THE JUDICIARY

For the financial year July 2017 to June 2018, the revenue collected (at the various courts of

the Island of Mauritius and the Court of Rodrigues) stood at around Rs 256 Million

(provisional), a drop of 4.7% compared to the last corresponding financial year figure of

Rs 269 Million (Table 10.1).

For the same period, the estimated expenditure of the Judiciary for the Republic of Mauritius

increased by 2.2% from Rs 684 Million to Rs 699 Million (provisional).

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2015 2016 2017 2018

Received 3,184 3,289 2,674 3,250

Granted 1,890 1,723 1,653 1,305

Civil

Received 3,132 3,242 2,656 3,225

of which matrimonial 2,985 3,129 2,581 3,082

Granted 1,838 1,676 1,635 1,280

of which matrimonial 1,715 1,569 1,573 874

Criminal

Received & granted 52 47 18 25

1,179,968 1,154,520 1,021,552 771,446

January to June 2015 2015/2016 2016/2017 2017/2018

Fines,

penalties

& forfeits

93,039,442 223,180,292 229,804,763 219,295,645

Other1 23,008,493 50,559,255 38,971,335 36,786,011

Total 116,047,935 273,739,547 268,776,098 256,081,656

January to June 2015 2015/2016 2016/2017 2017/2018

Capital2 10,982,033 29,934,914 163,050,408 184,966,678

Recurrent3 234,519,674 534,081,984 520,923,242 513,910,492

Total 245,501,707 564,016,898 683,973,650 698,877,170

Source: The Judiciary & Central Administration, Rodrigues (Finance Unit) and Court of Rodrigues1Other includes court, ushers and other miscellaneous fees

3Revised for 2016/2017

Table 9.1 - Legal aid assistance - applications received, services granted and amount paid -

Republic of Mauritius, 2015 - 2018

Civil and criminal

Amount paid (Rupees)

Table 10.1 - Revenue collected from courts, Republic of Mauritius, January to

June 2015, 2015/2016, 2016/2017 & 2017/2018

Table 10.2 - Expenditure of the Judiciary, Republic of Mauritius, January to

June 2015, 2015/2016, 2016/2017 & 2017/2018

2Refers to Island of Mauritius

58

Page 67: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Male Female Total Male Female Total

Chief Justice 1 0 1 1 0 1

Senior Puisne Judge 1 0 1 1 0 1

Puisne Judge 9 8 17 9 9 18

Judge in Bankruptcy & Master and Registrar 1 0 1 0 0 0

Deputy Master and Registrar & Judge in Bankruptcy 0 1 1 0 1 1

President, Intermediate Court (Civil & Criminal sides) 0 2 2 0 2 2

President, Industrial Court 0 1 1 0 1 1

Vice President, Intermediate and Industrial Courts 1 2 3 1 2 3

Magistrate Intermediate Court 4 7 11 3 11 14

Senior District Magistrate 2 11 13 5 11 16

District Magistrate 2 5 7 5 5 10

Judicial Research Officer 3 3 6 3 3 6

Secretary to Chief Justice 1 0 1 1 0 1

Chief Registrar 1 0 1 1 0 1

Deputy Chief Registrar 1 0 1 0 0 0

Senior Registrar/Regional Court Administrator 6 0 6 6 0 6

Adviser1 2 0 2 1 0 1

Chief Court Officer/Court Manager 23 0 23 23 0 23

Principal Court Officer 36 0 36 35 1 36

Senior Court Officer 21 57 78 17 59 76

Court Officer2 20 68 88 21 72 93

Chief/Principal Court Usher 11 0 11 13 0 13

Senior Court Usher/Court Usher 58 9 67 63 16 79

Senior Law Librarian/Law Librarian 0 0 0 0 0 0

Senior Law Library Officer 0 2 2 0 2 2

Law Library Officer/Assistant 1 11 12 1 11 12

Senior Transcriber 0 1 1 0 1 1

Transcriber 0 10 10 0 12 12

Other Supporting Staff 89 157 246 93 145 238

Total 294 355 649 303 364 667

1On contract

2Included Trainee Court Officers 0 for Nil

Table 11.1 - Staff of the Judiciary, Republic of Mauritius, 2017 & 2018

Job title2017 2018

59

Page 68: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Court 2015 2016 2017 2018

Supreme Court1 11 11 11 11

Family Court 2 2 2 2

Commercial Court 2 2 2 2

Intermediate Court 11 11 12 12

Industrial Court 2 2 2 2

Bail & Remand Court 1 1 1 1

District Courts

(Island of Mauritius)28 28 28 28

Court of Rodrigues 1 1 1 1

Total 58 58 59 59

Male Female Total Male Female Total Male Female Total Male Female Total

Practicing Barristers 428 229 657 453 249 702 486 284 770 507 301 808

of whom

Queen's Counsel 4 0 4 4 0 4 4 0 4 4 0 4

Senior Counsel 16 0 16 22 2 24 22 4 26 22 4 26

Practicing Attorneys 98 64 162 102 66 168 98 77 175 98 86 184

of whom

Senior Attorneys 17 2 19 20 3 23 19 3 22 19 3 22

Practicing Notaries 44 23 67 43 26 69 44 27 71 44 29 73

0 for Nil

Table 11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),

Republic of Mauritius, 2015 - 2018

2015 2016 2017 2018

Table 11.2 - Court rooms by type of court, Republic of Mauritius, 2015 - 2018

60

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Courses/Training 2017 2018

Continuing Professional Development Courses 50 59

Workshop - Law Practitioners 20 12

Workshop - Judges 3 4

Workshops - Magistrates 7 8

Workshops - Court Personnel 2 4

Workshops - Police Officers 2 3

Workshops - IJLS Staff 1 3

Seminars 1 2

Total 86 95

0 for Nil

Male Female Total Male Female Total

Full time

Chairperson 0 1 1 0 1 1

Director 0 1 1 0 1 1

Other Supporting Staff 0 4 4 0 4 4

On Contract

Legal Researcher 1 1 2 2 2 4

Legal Intern 1 1 2 1 3 4

Total 2 8 10 3 11 14

1 Excluding 6 part time staff from The Judiciary to IJLS for year 2018

0 for Nil

Table 12.1 - Courses and training carried out by the Institute for Judicial and Legal

Studies (IJLS), 2017 & 2018

Table 12.2 - Staff 1 of the Institute for Judiciary and Legal Studies, Republic of Mauritius,

2017 & 2018

Job title

2017 2018

61

Page 70: ANNUAL REPORT - Supreme Court of Mauritius · Violence Act 1997 at the District Courts, by age-group & sex, 2018 34 Cases (civil and criminal) ... Summary of criminal offences disposed

Annex I

SUPREME COURT LIBRARY AND INFORMATION SERVICE

This report and the following are available at https://supremecourt.govmu.org:

1. The Laws of Mauritius

2. Judgments of the Supreme Court and the Privy Council

3. Judgments of the Master’s Court

4. Judgments of the District Courts

5. Judgments of the Industrial Court

6. Judgments reported in the Mauritius Reports as from 1861

7. Acts, regulations, proclamations, reprints and bills

8. Students’ theses

9. Directory of the legal professionals

10. News of the Judiciary

11. Weekly cause lists of all courts

12. Links to law websites

13. Examination papers - Barristers/Attorneys/Notaries

For more information, contact:

Mrs. C. Bandinah (Statistician)

Mrs. V. Busgeeth (Senior Statistical Officer)

Statistics Unit, The Judiciary

Tel: 213-3055

e-mails: [email protected]

: [email protected]

: [email protected]

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Annex II

GLOSSARY OF TERMS

1. Absolute discharge is complete and unconditional release.

2. Acts against liberty is taking away or limiting the movement or liberty of a person.

3. Acquitted is defined as a determination by the Court that a defendant is not guilty of the

charge(s) on the grounds that the charge has not been proven and/or due to lack of

evidence or no evidence given by the prosecution.

4. Adjudicated is defined as the outcomes of the judgment or decision by the Court as to

whether or not the defendant is guilty of the charge(s) laid against him. These outcomes

include: acquitted (dismissed), guilty finding and guilty plea.

5. Assault is defined as intentional or reckless application of physical force inflicted upon

the body of a person.

6. Burglary is the unlawful entry into someone else’s premises with the intention to commit

a theft.

7. Case is one or more defendants against whom one or more charge(s) have been laid and

which are heard together by a Court as one unit of work. The charge(s) usually relate to

the same criminal incident.

8. Coercion is demanding a particular course of action through the use of force, threat

intimidation, threat to reveal compromising information, or threat of defamation.

9. Community Service Order is a sentence requiring an offender to perform unpaid

community work e.g following imprisonment or non-payment of fines.

10. Conditional discharge is a sentence whereby an offender is released under certain

conditions, e.g. to be of good behaviour for a specified period of time.

11. Contraventions (least serious offences) are defined as offences that are punishable by:

a) imprisonment for a term not exceeding 10 days;

b) fine not exceeding 5,000 rupees.

12. Criminal case is a case dealing with an offender indicted for an offence as defined by the

law.

13. Custodial Orders are sentences imposed on a defendant that require detention, e.g.

correctional or rehabilitation institutions, etc.

14. Dangerous acts are bodily harm or potential for bodily harm caused by a person’s

dangerous behaviour or act carried out with the knowledge that the act has potential to

cause harm.

15. Drug offences are as spelt out under the Dangerous Drug Act 2000. They relate mainly

to drugs like gandia, heroin, hashish, opium, cocaine and other psychotropic substances.

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16. Embezzlement is defined as the wrongful appropriation of another person’s property that

is already in the possession of the person doing the appropriating.

17. Forgery/counterfeiting is creating, manufacturing, selling, passing or possessing a false

imitation of goods, or an instrument to create a false imitation of goods.

18. Fraud is defined as the acquisition of another person’s property by deception.

19. Illegal feticide is defined as unlawful death of a foetus intentionally procured or

conducted by a person.

20. Intellectual property offences are unlawful copying, using, reproducing or other

infringements of copyrights, patents, trademarks or other intellectual property.

21. Intentional homicide is defined as unlawful death inflicted upon a person with the intent

to cause death.

22. Interim Protection Order is an order that is issued when the victim spouse or child or

any other person living under the same roof, requires urgent protection from the

perpetrator.

23. Jurisdiction is defined as the legal power or authority which may be exercised by a

particular court level and within which the judgments or orders of the court can be

enforced or executed. Each court level has its own defined jurisdictional limits.

24. Juvenile is defined as a person aged from 12 to 17 years inclusive.

25. Minor assault is intentional or reckless application of minor physical force inflicted

upon the body of a person resulting in no injury or minor bodily injury.

26. Murder is unlawful death inflicted upon a person with the intent to cause death or

serious injury, including when premeditated and/or with malice aforethought.

27. Negligence is defined as bodily harm or potential for bodily harm from a person’s

negligent, reckless or careless behaviour.

28. Non-adjudicated is the formal withdrawal of charge(s) by the Prosecution (e.g. police,

Director of Public Prosecutions or Attorney-General) or by the courts; it includes Nolle

Prosequi and struck out.

29. Non-Custodial Orders are sentences imposed on a defendant that do not require custody

and include e.g. Community Service Orders, Probation Orders, Conditional or Absolute

Discharge Orders, licence disqualification/suspension, etc.

30. Non-injurious traffic violations is the criminal acts under the traffic code and traffic

regulations by a person that do not result in injury or death.

31. Occupation Order is an order that grants the victim the exclusive right to live in the

residence belonging to him, to the perpetrator or to both of them. It may last for a period

not exceeding 24 months.

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Annex II

32. Probation Order is a sentence whereby an offender is placed under the supervision of a

probation officer for a period not less than one nor more than three years.

33. Property offence includes theft, fraud, embezzlement, damage to property and illegal

possession of property and stolen goods.

34. Protection Order is an order which prevents the spouse from engaging in any further act

of violence; orders him/her to be of good behaviour and lasts for a period not exceeding

24 months.

35. Proven guilty is defined as an outcome of criminal proceedings in which a court accepts

that a charge is proven through a guilty plea entered by a defendant or the defendant is

found guilty by the court. In the Magistrates' and Children's Courts, this includes

defendants found guilty.

36. Revocation Order is when either party (victim or perpetrator) may apply to the court for

a revocation of a Protection Order which is already in force.

37. Robbery is the theft of property from a person, overcoming resistance by force or threat

of force.

38. Serious assault is defined as intentional or reckless application of serious physical force

inflicted upon the body of a person resulting in serious bodily injury.

39. Sexual violence is defined as unwanted sexual act, attempt to obtain a sexual act, or

contact or communication with unwanted sexual attention without valid consent or with

consent as a result of intimidation, force, fraud, coercion, threat, deception, use of drugs

or alcohol, or abuse of power or of a position of vulnerability.

40. Sexual exploitation is defined as acts of abuse of a position of vulnerability, power or

trust, or use of force or threat of force, for profiting financially, physically, socially or

politically from the prostitution or sexual acts of a person.

41. Tenancy Order is an order which gives the victim the exclusive use of the house which

one or both partners are renting. Before issuing a Tenancy Order the Magistrate has to

hear the partners, the witnesses, the landlord and all those who have an interest in the

house.

42. Theft is defined as unlawfully taking or obtaining of property with the intent to

permanently withhold it from a person or organization without consent and without the

use of force, threat of force or violence, coercion or deception.

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Annex III

General Structure of International Classification of Crime for Statistical Purposes

(ICCS) Version 1.0

Section 01 Acts leading to death or intending to cause death

0101 Intentional homicide

0102 Attempted intentional homicide

0103 Non-intentional homicide

0104 Assisting or instigating suicide

0105 Euthanasia

0106 Illegal feticide

0107 Unlawful killing associated with armed conflict

0109 Other acts leading to death or intending to cause death

Section 02 Acts causing harm or intending to cause harm to the person

0201 Assaults and threats

02011 Assault

020111 Serious assault

020112 Minor assault

02012 Threat

02019 Other assaults or threats

0202 Acts against liberty

0203 Slavery and exploitation

0204 Trafficking in persons (TIP)

0205 Coercion

0206 Negligence

02063 Making use of cellular phone whilst driving

0207 Dangerous acts

020721 Driving motor vehicle with alcohol concentration above prescribed

limit

0208 Acts intended to induce fear or emotional distress

0209 Defamation or insult

0210 Discrimination

0211 Acts that trespass against the person

0219 Other acts causing harm or intending to cause harm to the person

Section 03 Injurious acts of a sexual nature

0301 Sexual violence

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03011 Rape

03019 Sodomy

0302 Sexual exploitation

0309 Other injurious acts of a sexual nature

Section 04 Acts against property involving violence or threat against a person

0401 Robbery

0409 Other acts against property involving violence or threat against a person

Section 05 Acts against property only

0501 Burglary

0502 Theft

050211 Larceny of motor vehicles

0503 Intellectual property offences

0504 Property damage

0509 Other acts against property only

Section 06 Acts involving controlled drugs or other psychoactive substances

0601 Unlawful acts involving controlled drugs or precursors

0602 Unlawful acts involving alcohol, tobacco or other controlled substances

0609 Other acts involving controlled drugs or other psychoactive substances

Section 07 Acts involving fraud, deception or corruption

0701 Fraud

0702 Forgery/counterfeiting

0703 Corruption

07031 Bribery by public official

07031 Bribery of public official

0704 Acts involving the proceeds of crime

0709 Other acts involving fraud, deception or corruption

Section 08 Acts against public order, authority and provisions of the State

0801 Acts against public order behavioural standards

0802 Acts against public order sexual standards

0803 Acts related to freedom of expression or control of expression

0804 Acts contrary to public revenue or regulatory provisions

0805 Acts related to migration

0806 Acts against the justice system

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0807 Acts related to democratic elections

0808 Acts contrary to labour law

0809 Other acts against public order, authority and provisions of the State

Section 09 Acts against public safety and state security

0901 Acts involving weapons, explosives and other destructive materials

0902 Acts against health and safety

0903 Acts against computer systems

0904 Acts against state security

0905 Acts related to an organized criminal group

0906 Terrorism

0907 Non-injurious traffic violations

0907 Speeding

0907 Failing to wear seat belt whilst driving

0907 Driving without licence

0907 Protective helmet improperly secured

0909 Other acts against public safety and state security

Section 10 Acts against the natural environment

1001 Acts that cause environmental pollution or degradation

1002 Acts involving the movement or dumping of waste

1003 Trade or possession of protected or prohibited species of fauna and flora

1004 Acts that result in the depletion or degradation of natural resources

1009 Other acts against the natural environment

Section 11 Other criminal acts not elsewhere classified

1101 Acts under universal jurisdiction

1102 Acts contrary to youth regulations and acts on minors

1109 Other criminal acts not elsewhere classified