Section 42, subsection 1 states:
Subject to section 43, a person shall be entitled to be registered as an elector if, and shall not be so entitled unless: (a) he is a Commonwealth citizen of not less than the age of 18 years…
Section 5, subsection 1 states:
No person shall be deprived of his personal liberty save as may be authorized by law:…
Section 28, subsection 7 states:
Where the office of President is vacant, or the President is absent from Mauritius or is for any other reason unable to perform the functions of his office, those functions shall be performed –
Section 29, subsection 7, part (a) states:
Where the office of Vice-President is vacant, or the Vice-President is absent from Mauritius or is for any other reason unable to perform the functions of his office, those functions may be performed by such person as may be elected by the Assembly in the manner specified in section 28(2)(a)(i).
Section 30 states:
(1) The President or the Vice President may be removed from office in accordance with this section for:…
(2) Where the President fails to comply with section 46(2), he may be removed from office on a motion made by the Prime Minister in the Assembly and supported by the votes of a majority of all the members of the Assembly.
(3) The President or the Vice-President shall not be removed from office for any other cause unless –
Section 32, subsection 3 states:
The office of the Speaker or the Deputy Speaker shall become vacant:…
Section 33 states:
Subject to section 34, a person shall be qualified to be elected as a member of the Assembly if, and shall not be so qualified unless, he…
(d) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly.
Section 34, subsection 1 states:
No person shall be qualified to be elected as a member of the Assembly who…
(e) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in Mauritius...
Section 43 states:
No person shall be entitled to be registered as an elector who:…
(b) is a person adjudged to be of unsound mind or detained as a criminal lunatic under any law in force in Mauritius…
Section 44, subsection 1 states:
Any person who is registered as an elector in a constituency shall be entitled to vote in such manner as may be prescribed at any election for that constituency unless he is prohibited from so voting by any law in force in Mauritius because – …
(b) he has been concerned in any offence connected with elections: Provided that no such person shall be entitled so to vote if on the date prescribed for polling he is in lawful custody or (except in so far as may otherwise be prescribed) he is for any other reason unable to attend in person at the place and time prescribed for polling.
Section 60, subsection 5 states:
Where for any period the Prime Minister or any other Minister is unable by reason of section 36(1) to perform his functions as a member of the Assembly, he shall not during that period perform any of his functions as Prime Minister or Minister, as the case may be.
Section 63 states:
(1) Where the Prime Minister is absent from Mauritius or is by reason of illness or of section 60(5) unable to perform the functions conferred on him by this Constitution, the President may, by directions in writing, authorise the Deputy Prime Minister or, in his absence, some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the President.
(2) The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided that where the President, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister´s absence or illness, or where the Prime Minister is unable to tender advice by reason of section 60(5), the President may exercise those powers without that advice and in his own deliberate judgment.
Section 69, subsection 5 states:
Where the person holding the office of Attorney-General is for any reason unable to exercise the functions conferred upon him by or under any law, those functions may be exercised by such other person, being a person entitled to practise as a barrister in Mauritius (whether or not he is a member of the Assembly), as the President, acting in accordance with the advice of the Prime Minister, may direct.
Section 77 states:
…(5) Where the office of Chief Justice is vacant or the person holding that office is for any reason unable to perform the functions of the office, those functions shall be discharged by such one of the other Judges of the Supreme Court as may be designated in that behalf by the President acting in accordance with the advice of the person holding the office of Chief Justice: Provided that if the office of Chief Justice is vacant or if the person holding that office is on leave of absence, pending retirement, or if the President, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of that person owing to that person´s absence or illness, the President shall act after consultation with the Prime Minister.
(6) Where the office of Senior Puisne Judge is vacant or the person holding that office is acting as Chief Justice or is for any reason unable to perform the functions of the office, such one of the Judges of the Supreme Court as the President, acting in accordance with the advice of the Chief Justice, may appoint shall act in the office of Senior Puisne Judge.
(7) Where the office of any Puisne Judge is vacant or where a person holding the office of Puisne Judge is acting as Chief Justice or as Senior Puisne Judge or is for any reason unable to perform the functions of his office or where the Prime Minister, having been informed by the Chief Justice that the state of business in the Supreme Court requires that the number of Judges should be temporarily increased and having consulted with the Chief Justice, request the President to appoint an additional Judge, the President, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a person qualified for appointment as a Judge of the Supreme Court to act as a Puisne Judge of that court: Provided that a person may act as a Puisne Judge notwithstanding that he has attained the age prescribed for the purposes of section 78(1)...
Section 78 states:
…(2) A Judge of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with subsection (3).
(3) A Judge of the Supreme Court shall be removed from office by the President where the question of removing him from office has, pursuant to subsection (4), been referred to the Judicial Committee and the Judicial Committee has advised that the Judge ought to be removed from office for inability or misbehaviour.
(4) Where the Chief Justice or, in relation to the removal of the person holding the office of Chief Justice, the President considers that the question of removing a Judge of the Supreme Court from office for inability or misbehaviour ought to be investigated –
(5) Where the question of removing a Judge of the Supreme Court from office has been referred to a tribunal under subsection (4), the President may suspend the Judge from performing the functions of his office; and any such suspension may at any time be revoked by the President and shall in any case cease to have effect –
(6) The functions of the President under this section shall be exercised by him in his own deliberate judgment…
Section 85, subsection 3 states:
Where the office of the appointed member [of the Judicial and Legal Service Commission] is vacant or the appointed member is for any reason unable to perform the functions of his office, the President, acting in accordance with the advice of the Chief Justice, may appoint a person qualified for appointment as such a member to act as a member of the Commission and any person so appointed shall continue to act until his appointment is revoked by the President, acting in accordance with the advice of the Chief Justice.
Section 88 states:
(3) Where the office of Chairman of the Public Service Commission is vacant or the Chairman is for any reason unable to perform the functions of his office, those functions shall be performed by such one of the Deputy-Chairmen or Commissioners of the Commission as the President may appoint.
(4) Where at any time there are less than 3 Commissioners of the Public Service Commission besides the Chairman or where any such Commissioner is acting as Chairman or is for any reason unable to perform the functions of his office, the President may appoint a person qualified for appointment as a Commissioner of the Commission to act as a Commissioner, and any person so appointed shall continue to act until his appointment is revoked by the President…
Section 90, subsection 3 states:
Where at any time there are less than 2 Commissioners of the Disciplined Forces Service Commission besides the Chairman or where any such Commissioner is for any reason unable to perform the functions of his office, the President may appoint a person who is qualified for appointment as a Commissioner of the Commission to act as a Commissioner, and any person so appointed shall continue to act until his appointment to act is revoked by the President.
Section 92 states:
…(2) A Commissioner may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section.
(3) A Commissioner shall be removed from office by the President where the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(4) Where the President, acting in his own deliberate judgment, considers that the question of removing a Commissioner ought to be investigated –
(5) Where the question of removing a Commissioner has been referred to a tribunal under this section, the President, acting in his own deliberate judgment, may suspend the Commissioner from performing the functions of his office and any such suspension may at any time be revoked by the President, acting in his own deliberate judgment, and shall in any case cease to have effect if the tribunal recommends to the President that the Commissioner should not be removed.
(6) The offices to which this section applies are those of appointed member of the Judicial and Legal Service Commission, Chairman or Commissioner of the Public Service Commission and Commissioner of the Disciplined Forces Service Commission: Provided that, in its application to the appointed member of the Judicial and Legal Service Commission, subsection (4) shall have effect as if for the words 'acting in his own deliberate judgment' there were substituted the words 'acting in accordance with the advice of the Chief Justice'.
(7) This section shall apply to the office of Ombudsman as it applies to a person specified in subsection (6): Provided that subsection (1) shall have effect as if the words '4 years' were substituted for the words '3 years'.
Section 93 states:
(1) Subject to this section, a person holding an office to which this section applies shall vacate that office on attaining the retiring age.
(2) Any such person may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section.
(3) Any such person shall be removed from office by the President if the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(4) Where the appropriate Commission considers that the question of removing any such person ought to be investigated –
(5) Where the question of removing any such person has been referred to a tribunal under this section, the President, acting in his own deliberate judgment, may suspend him from performing the functions of his office and any such suspension may at any time be revoked by the President, acting in his own deliberate judgment, and shall in any case cease to have effect if the tribunal recommends to the President that he should not be removed.
(6) The offices to which this section applies are those of Electoral Commissioner, Director of Public Prosecutions, Commissioner of Police, and Director of Audit…
Section 114, subsection 2 states:
Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office where the holder of the office is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.
First Schedule, section 1, subsection 3 states:
Every vote cast by an elector at any election shall be given by means of a ballot which, except in so far as may be otherwise prescribed in relation to the casting of votes by electors who are incapacitated by blindness or other physical cause or unable to read or understand any symbols on the ballot paper, shall be taken so as not to disclose how any vote is cast; and no vote cast by any elector at any general election shall be counted unless he cast valid votes for 3 candidates in the constituency in which he is registered or, in the case of an elector registered in Rodrigues, for 2 candidates in that constituency.
Section 28, subsection 7 states:
Where the office of President is vacant, or the President is absent from Mauritius or is for any other reason unable to perform the functions of his office, those functions shall be performed –
Section 29, subsection 7, part (a) states:
Where the office of Vice-President is vacant, or the Vice-President is absent from Mauritius or is for any other reason unable to perform the functions of his office, those functions may be performed by such person as may be elected by the Assembly in the manner specified in section 28(2)(a)(i).
Section 30 states:
(1) The President or the Vice President may be removed from office in accordance with this section for:…
(2) Where the President fails to comply with section 46(2), he may be removed from office on a motion made by the Prime Minister in the Assembly and supported by the votes of a majority of all the members of the Assembly.
(3) The President or the Vice-President shall not be removed from office for any other cause unless –
Section 32, subsection 3 states:
The office of the Speaker or the Deputy Speaker shall become vacant:…
Section 33 states:
Subject to section 34, a person shall be qualified to be elected as a member of the Assembly if, and shall not be so qualified unless, he…(d) is able to speak and, unless incapacitated by blindness or other physical cause, to read the English language with a degree of proficiency sufficient to enable him to take an active part in the proceedings of the Assembly.
Section 34, subsection 1 states:
No person shall be qualified to be elected as a member of the Assembly who…
Section 43 states:
No person shall be entitled to be registered as an elector who:…
Section 44, subsection 1 states:
Any person who is registered as an elector in a constituency shall be entitled to vote in such manner as may be prescribed at any election for that constituency unless he is prohibited from so voting by any law in force in Mauritius because – …
Section 60, subsection 5 states:
Where for any period the Prime Minister or any other Minister is unable by reason of section 36(1) to perform his functions as a member of the Assembly, he shall not during that period perform any of his functions as Prime Minister or Minister, as the case may be.
Section 63 states:
(1) Where the Prime Minister is absent from Mauritius or is by reason of illness or of section 60(5) unable to perform the functions conferred on him by this Constitution, the President may, by directions in writing, authorise the Deputy Prime Minister or, in his absence, some other Minister to perform those functions (other than the functions conferred by this section) and that Minister may perform those functions until his authority is revoked by the President.
(2) The powers of the President under this section shall be exercised by him in accordance with the advice of the Prime Minister: Provided that where the President, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of the Prime Minister owing to the Prime Minister´s absence or illness, or where the Prime Minister is unable to tender advice by reason of section 60(5), the President may exercise those powers without that advice and in his own deliberate judgment.
Section 69, subsection 5 states:
Where the person holding the office of Attorney-General is for any reason unable to exercise the functions conferred upon him by or under any law, those functions may be exercised by such other person, being a person entitled to practise as a barrister in Mauritius (whether or not he is a member of the Assembly), as the President, acting in accordance with the advice of the Prime Minister, may direct.
Section 77 states:
…(5) Where the office of Chief Justice is vacant or the person holding that office is for any reason unable to perform the functions of the office, those functions shall be discharged by such one of the other Judges of the Supreme Court as may be designated in that behalf by the President acting in accordance with the advice of the person holding the office of Chief Justice: Provided that if the office of Chief Justice is vacant or if the person holding that office is on leave of absence, pending retirement, or if the President, acting in his own deliberate judgment, considers that it is impracticable to obtain the advice of that person owing to that person´s absence or illness, the President shall act after consultation with the Prime Minister.
(6) Where the office of Senior Puisne Judge is vacant or the person holding that office is acting as Chief Justice or is for any reason unable to perform the functions of the office, such one of the Judges of the Supreme Court as the President, acting in accordance with the advice of the Chief Justice, may appoint shall act in the office of Senior Puisne Judge.
(7) Where the office of any Puisne Judge is vacant or where a person holding the office of Puisne Judge is acting as Chief Justice or as Senior Puisne Judge or is for any reason unable to perform the functions of his office or where the Prime Minister, having been informed by the Chief Justice that the state of business in the Supreme Court requires that the number of Judges should be temporarily increased and having consulted with the Chief Justice, request the President to appoint an additional Judge, the President, acting in accordance with the advice of the Judicial and Legal Service Commission, may appoint a person qualified for appointment as a Judge of the Supreme Court to act as a Puisne Judge of that court: Provided that a person may act as a Puisne Judge notwithstanding that he has attained the age prescribed for the purposes of section 78(1)...
Section 78 states:
…(2) A Judge of the Supreme Court may be removed from office only for inability to perform the functions of his office (whether arising from infirmity of body or mind or from any other cause) or for misbehaviour, and shall not be so removed except in accordance with subsection (3).
(3) A Judge of the Supreme Court shall be removed from office by the President where the question of removing him from office has, pursuant to subsection (4), been referred to the Judicial Committee and the Judicial Committee has advised that the Judge ought to be removed from office for inability or misbehaviour.
(4) Where the Chief Justice or, in relation to the removal of the person holding the office of Chief Justice, the President considers that the question of removing a Judge of the Supreme Court from office for inability or misbehaviour ought to be investigated –
(5) Where the question of removing a Judge of the Supreme Court from office has been referred to a tribunal under subsection (4), the President may suspend the Judge from performing the functions of his office; and any such suspension may at any time be revoked by the President and shall in any case cease to have effect –
(6) The functions of the President under this section shall be exercised by him in his own deliberate judgment…
Section 85, subsection 3 states:
Where the office of the appointed member [of the Judicial and Legal Service Commission] is vacant or the appointed member is for any reason unable to perform the functions of his office, the President, acting in accordance with the advice of the Chief Justice, may appoint a person qualified for appointment as such a member to act as a member of the Commission and any person so appointed shall continue to act until his appointment is revoked by the President, acting in accordance with the advice of the Chief Justice.
Section 88 states:
(3) Where the office of Chairman of the Public Service Commission is vacant or the Chairman is for any reason unable to perform the functions of his office, those functions shall be performed by such one of the Deputy-Chairmen or Commissioners of the Commission as the President may appoint.
(4) Where at any time there are less than 3 Commissioners of the Public Service Commission besides the Chairman or where any such Commissioner is acting as Chairman or is for any reason unable to perform the functions of his office, the President may appoint a person qualified for appointment as a Commissioner of the Commission to act as a Commissioner, and any person so appointed shall continue to act until his appointment is revoked by the President…
Section 90, subsection 3 states:
Where at any time there are less than 2 Commissioners of the Disciplined Forces Service Commission besides the Chairman or where any such Commissioner is for any reason unable to perform the functions of his office, the President may appoint a person who is qualified for appointment as a Commissioner of the Commission to act as a Commissioner, and any person so appointed shall continue to act until his appointment to act is revoked by the President.
Section 92 states:
…(2) A Commissioner may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section.
(3) A Commissioner shall be removed from office by the President where the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(4) Where the President, acting in his own deliberate judgment, considers that the question of removing a Commissioner ought to be investigated – (a) the President, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a chairman and not less than 2 other members, being persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or of a court having jurisdiction in appeals from such a court; and (b) that tribunal shall enquire into the matter and report on the facts to the President and recommend to the President whether the Commissioner ought to be removed under this section.
(5) Where the question of removing a Commissioner has been referred to a tribunal under this section, the President, acting in his own deliberate judgment, may suspend the Commissioner from performing the functions of his office and any such suspension may at any time be revoked by the President, acting in his own deliberate judgment, and shall in any case cease to have effect if the tribunal recommends to the President that the Commissioner should not be removed.
(6) The offices to which this section applies are those of appointed member of the Judicial and Legal Service Commission, Chairman or Commissioner of the Public Service Commission and Commissioner of the Disciplined Forces Service Commission: Provided that, in its application to the appointed member of the Judicial and Legal Service Commission, subsection (4) shall have effect as if for the words 'acting in his own deliberate judgment' there were substituted the words 'acting in accordance with the advice of the Chief Justice'.
(7) This section shall apply to the office of Ombudsman as it applies to a person specified in subsection (6): Provided that subsection (1) shall have effect as if the words '4 years' were substituted for the words '3 years'.
Section 93 states:
(1) Subject to this section, a person holding an office to which this section applies shall vacate that office on attaining the retiring age.
(2) Any such person may be removed from office only for inability to discharge the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with this section.
(3) Any such person shall be removed from office by the President if the question of his removal from that office has been referred to a tribunal appointed under subsection (4) and the tribunal has recommended to the President that he ought to be removed from office for inability as aforesaid or for misbehaviour.
(4) Where the appropriate Commission considers that the question of removing any such person ought to be investigated – (a) the President, acting in his own deliberate judgment, shall appoint a tribunal which shall consist of a chairman and not less than 2 other members, being persons who hold or have held office as a judge of a court having unlimited jurisdiction in civil and criminal matters in some part of the Commonwealth or a court having jurisdiction in appeals from such a court; and (b) that tribunal shall enquire into the matter and report on the facts to the President and recommend to the President whether he ought to be removed under this section.
(5) Where the question of removing any such person has been referred to a tribunal under this section, the President, acting in his own deliberate judgment, may suspend him from performing the functions of his office and any such suspension may at any time be revoked by the President, acting in his own deliberate judgment, and shall in any case cease to have effect if the tribunal recommends to the President that he should not be removed.
(6) The offices to which this section applies are those of Electoral Commissioner, Director of Public Prosecutions, Commissioner of Police, and Director of Audit…
Section 114, subsection 2 states:
Where power is vested by this Constitution in any person or authority to appoint any person to act in or perform the functions of any office where the holder of the office is himself unable to perform those functions, no such appointment shall be called in question on the ground that the holder of the office was not unable to perform those functions.