Appeals

• An appeal serves two basic functions. Its first and primary function is to ensure the litigants that justice under law has been accorded in the resolution of a specific controversy. The second function is the promulgation of rules of decision that will be binding on all lower courts within a judicial system and thus ensure uniformity of treatment and some measure of certainty and guidance to those whose actions bring them within the scope of the rule.
• The Supreme Court of Mauritius, which was established in 1851, remained the foundation of the judicial system. Its jurisdiction closely mirrored that of the English Court of Queen’s Bench, including the power to review administrative decisions and ensure their legality through prerogative writs.
• The legal landscape of Mauritius was characterized by a combination of French civil law and English common law principles. This unique fusion resulted in a "bi-systemic legal system," where two distinct legal traditions coexisted harmoniously.
• On March 12, 1968, Mauritius adopted a new Constitution that declared Mauritius to be a sovereign democratic State with a Parliament holding supreme power over legislation. The Governor was renamed Governor-General, serving as a symbolic Head of State.
• In 1991, Mauritius underwent a significant constitutional transformation. The enactment of the Constitution of Mauritius (Amendment No. 3) Act marked a pivotal moment as it declared Mauritius a republic, replacing its previous monarchical structure. This shift represented the nation's maturity and its desire for self-governance.
• After achieving independence, Mauritius continued to have a legal tie to its colonial history. The Judicial Committee of the Privy Council (JCPC) in London remained the highest court of appeal for the island, with appeals from the Supreme Court being able to directly reach the JCPC.
• The decisions made by the Supreme Court reflected a deep understanding and sensitivity towards Mauritius' pluralistic identity. Judges drew upon both civil law and common law traditions, adapting legal concepts to ensure justice in a multicultural context. In conclusion, Mauritius' legal journey after gaining independence witnessed significant constitutional reforms.
• The appellate system in Mauritius has undergone significant changes over the years, reflecting the evolving legal and judicial landscape of the country. These changes have been aimed at incorporating international best practices and ensuring that all citizens have access to justice.
• A key development in the evolution of the appellate system is the increased utilization of technology in the appellate process. The introduction of electronic filing and remote hearings has streamlined the process and improved efficiency. This has made it more convenient for parties to engage with the appellate system and have their cases heard in a timely manner.
• Efforts have also been made to enhance the transparency and accountability of the appellate system in Mauritius. This includes making court decisions more accessible to the public, ensuring a fair and impartial process, and fostering public confidence in the judiciary.
• One key development in appellate jurisprudence in Mauritius has been the emphasis on upholding the rule of law and protecting the rights of individuals. The Supreme Court has consistently affirmed the importance of judicial independence and the separation of powers, ensuring that the judiciary remains a strong and independent branch of government.
• Another important aspect of appellate jurisprudence in Mauritius is the recognition and protection of fundamental rights and liberties. The Supreme Court has been instrumental in expanding the scope of human rights protections in the country, including the right to privacy, freedom of expression, and the right to a fair trial.
• Additionally, the Supreme Court has played a crucial role in interpreting and applying international human rights conventions and treaties in domestic law. This has helped to ensure that Mauritius remains in compliance with its international obligations and that individuals are able to seek redress for violations of their rights.
• The decriminalization of sodomy was a pivotal moment in October 2023, as it deemed the discriminatory provision in the Criminal Code unconstitutional (Abdool Ridwan (Ryan) Firaas Ah Seek v. Supreme Court of Mauritius).
• The Mauritian legal system is dedicated to safeguarding human rights through various legislations and commissions, in accordance with international and regional conventions. - Efforts to protect the rights of elderly individuals have been a key focus in recent years.
• The Law Reform Commission of Mauritius plays an essential role in suggesting legal reforms: - The Commission has explored the establishment of a Family Court, the composition of the Judicial and Legal Service Commission, and other related matters. - Reforms have been proposed to improve access to justice and limit actions against public officers and the state. - Various aspects of land acquisition and settlement of land disputes have been examined by the Commission. - Electoral reform has also been addressed by the Commission.
• A judicial hierarchy that is, a legal system's organizational structure in which higher courts have more power and jurisdiction over lower courts, is necessary for the concept of appeal. There is a right of appeal from inferior courts to superior courts and it is made statutory in relevant legislations passed by Parliament, coupled with the Supreme Court Rules. The pyramid below can be used to illustrate Mauritius's courts' distinct organizational system.
• District courts


  Courts that have been set up in each of the island's districts
• District court

  • Court of record
  • Limited jurisdiction over criminal and civil proceedings
  • Civil actions shall not exceed Rs 50,000 (now up to Rs 250,000 following amendments)
  • Small claims where the amount at issue is less than 100,000 rupees
• District court jurisdiction

  1. Hear

  2. Try

  3. Rule on any factual or legal issues that arise in criminal proceedings
• District court shall not award against any person, imprisonment with or without hard labour for more than 5 years, and a fine exceeding 100,000 rupees
• Final judgement of a District Court

  Appeal lies to the Supreme Court
• A notice of appeal must be given within 21 days from the date of judgement
• Industrial court


  Established based on the industrial court act 1973
• Industrial court

  • Has exclusive civil and criminal jurisdiction to try any matter arising out of the enactments set out in the first schedule of the Act or of any regulations made under those enactments (which relate to labour laws)
  • Role is to mainly handle disputes between employers and employees, health and safety at the workplace along with dismissals at work
• Appeal against a final judgement of the Industrial Court


  1. Right of appeal subject to the same conditions as appeals from the decision of a District Magistrate

  2. Person dissatisfied with the final judgement appeals for review to the supreme court of Mauritius
• Section 80 of the Courts Act 1945


  Provides for an Intermediate Court as a court of record with civil and criminal jurisdiction in all districts of the Republic of Mauritius along with civil jurisdiction which extends till Rodrigues
• Intermediate Court

  • It is a subordinate court
  • There is a right of appeal to a superior court
• Intermediate Court (Civil Division)


  Has jurisdiction on claims up to a prescribed limit of Rs 2,000,000 exclusive of interest and costs as per section 104 Courts Act
• Intermediate Court


  Has jurisdiction to hear and determine serious criminal offences referred to it by the Director of Public Prosecutions
• Criminals convicted by the intermediate court


  May receive a maximum sentence of fifteen years in penal servitude or a maximum sentence of 10 years in jail
• Intermediate Court


  Has the authority to raise the penalty to twenty years in prison for repeat offenders
• Dangerous Drugs Act and some specific offences, such as money laundering and rape


  Give the Intermediate Court the authority to impose a harsher punishment
• Appeal to the Supreme Court against any final judgement in the Intermediate Court or District Court

  1. Party involved in a lawsuit can appeal

  2. Appeal can be made regardless of whether the lawsuit was initiated through summons or any other process

  3. Procedures that should be followed to appeal to the higher court are stipulated in section 37 of the District and Intermediate courts (civil jurisdiction) Act
• Court of Assizes in Mauritius

  A criminal court with jurisdiction over serious offenses such as murder, rape, and drug trafficking
• Court of Assizes


  • Its role is to oversee the trial process and determine the guilt or innocence of the accused based on evidence presented in court
  • Comprised of an impartial judge and a jury selected from citizens who are eligible to vote
  • Their decision has significant implications for defendants facing criminal charges
• Appealing a conviction from the Court of Assizes

  1. Defendants have the right to appeal their conviction to the Supreme Court within 21 days from the date of sentencing

  2. Appeals may also be made on issues relating to sentence severity or unjust treatment by judges during sentencing decisions
• Superior courts in Mauritius


  Also known as the appellate courts where appellants appeal to review the judgement of their case in a subordinate court
• Supreme Court in Mauritius

  • At the apex of all courts in Mauritius
  • Has unlimited jurisdiction to hear and decide on any civil or criminal proceedings under any law, except for disciplinary law
  • Established as a Court of Equity with the power to administer justice and perform all necessary acts related to equitable jurisdiction
  • Has been vested with powers to amend, reverse, order a new trial or set aside an appeal based on grounds which have been subject of the appeal
• Supreme court


  Divided into two different divisions