hierarchy of courts

• Hierarchy of Courts in Mauritius


  • The Judicial Committee of the Privy Council
  • The Supreme Court of Mauritius
  • The Intermediate Court
  • The Industrial Court
  • The District Court
  • The Court of Rodrigues
  • The Bail and Remand Court
  • The Juvenile Court
• When Mauritius became a British colony in 1810, it was proclaimed that any litigant in a court case could appeal to His Majesty's Council provided the subject matter involved exceeded 4000 piastres
• After independence in 1968 and on its becoming a Republic in 1992, Mauritius deemed it fit to maintain the Judicial Committee of the Privy Council as its highest court of appeal
• Appeals to the Judicial Committee


  • May be as of right or with the leave of the Court, as set out in s. 81 Constitution and s. 70A Courts Act
  • The Judicial Committee may also grant special leave to appeal from the decision of any court in any civil or criminal matter (s. 81(5) Constitution)
• The procedure for appeal to the Judicial Committee is provided by the Mauritius (Appeals to Privy Council) Order 1968
• Supreme Court composition


  Composed of the Chief Justice, the Senior Puisne Judge and such number of Puisne Judges as may be prescribed by Parliament. Presently, there are 17 Puisne Judges. (s. 76 (2) Constitution)
• Supreme Court appointments


  • Chief Justice appointed by the President acting after consultation with the Prime Minister
  • Senior Puisne Judge appointed by the President acting in accordance with the advice of Chief Justice
  • Puisne Judges appointed by the President acting in accordance with the advice of the Judicial and Legal Service Commission. (s. 77 of the Constitution)
• Supreme Court tenure of office


  • Judges hold office until retirement at the age of 62
  • Judges may be removed from office for inability to perform the functions of his office or for misbehaviour, by the President where the question of removal has been referred to the Judicial Committee which has advised accordingly (s. 78 of the Constitution)
• Supreme Court jurisdiction


  • Unlimited jurisdiction to hear and determine any civil or criminal proceedings under any law other than a disciplinary law and such jurisdiction and powers as may be conferred upon it by the Constitution or any other law (s. 76(1) Constitution)
  • It is a superior court of record (s. 15 Courts Act)
  • It is the principal court of original civil and criminal jurisdictions
  • It exercises general powers of supervision over all District, Intermediate and Industrial Courts and other special courts (ss. 34 and 38 Courts Act and s. 82 Constitution)
  • It is a Court of Equity vested with powers, authority, and jurisdiction to administer justice and to do all acts for the due execution of such equitable jurisdiction, in all cases where no legal remedy is provided by any enactment. (s.16 Courts Act)
  • It has original jurisdiction in the interpretation of the Constitution (s. 83 of the Constitution)
  • Where a question as to the interpretation of the Constitution arises in any Court established for Mauritius (other than the Court of Appeal, the Supreme Court, or a Court Martial) and the Court is of the opinion that the question involved a substantial question of law, that Court shall refer the matter to the Supreme Court. (s. 84 Constitution)
• Supreme Court disciplinary powers


  Power and jurisdiction to hear and determine any complaint of a disciplinary nature in respect of the professional conduct of a law practitioner or a ministerial officer including a land surveyor
• Judge in Chambers


  • Matters which may be disposed of by the Judge sitting in Chambers (s. 71 Courts Act)
  • May grant an injunction subject to a motion to the Court to set aside the injunction
  • Empowered to hear an application for a rule or summons to show cause (S. 74 Courts Act)
• Supreme Court appellate jurisdiction


  • Full power and jurisdiction to hear and determine all appeals, whether civil or criminal, made to the Court from: a judge in the exercise of his original jurisdiction; the Bankruptcy Division; the Master and Registrar; the Intermediate Court; the Industrial Court; a Magistrate; and any other court or body established under any other enactment (s. 69 of the Courts Act)
  • Appeals are heard before at least 2 judges (s. 70 Courts Act)
• Divisions of the Supreme Court


  • The Court of Civil Appeal
  • The Court of Criminal Appeal
  • The Bankruptcy Division
• Court of Civil Appeal


  • A division of the Supreme Court composed of the Judges of the Supreme Court presided by the Chief Justice or the Senior Puisne Judge (s. 80 Constitution and s. 2 Court of Civil Appeal Act)
  • Any party may appeal against a judgment or order of a Judge sitting alone in the exercise of his original civil jurisdiction. Such appeals are governed by the Court of Civil Appeal Act
• Court of Criminal Appeal

  • A division of the Supreme Court duly constituted by 3 judges presided over by the Chief Justice or the Senior Puisne Judge (s. 80 Constitution)
  • A person convicted before the Supreme Court may appeal under the Criminal Appeal Act against his conviction or sentence
• Bankruptcy Division


  • A division of the Supreme Court with jurisdiction relating to all matters of bankruptcy, insolvency or the winding up of companies
  • The jurisdiction is vested in and is exercised by the Master and Registrar concurrently with the Judges (s. 62 Courts Act)
  • The constitution, procedure and powers of the Bankruptcy Division are set out at Part VI of the Bankruptcy Act
  • Any person may within 21 days of the decision, appeal to the Supreme Court, against a judgment or order of the Bankruptcy division (s. 104 Bankruptcy Act)
• Master and Registrar


  • An officer of the Supreme Court who is a barrister of at least 5 years standing
  • Duties include taxing of costs, conducting and managing judicial sales, probate of wills and the matters connected therewith, interdictions and local examinations and to deal with matters of audit, inquiry, and accounts and generally, all such matters as may be referred to him by the Chief Justice or the Judges. (s. 19 of the Courts Act)
• Deputy Master and Registrar


  Has all the powers of the Master and Registrar and Judge in Bankruptcy
• Intermediate Court


  • Established by s. 80 Courts Act
  • A court of record which has civil and criminal jurisdiction in all districts in such cases and matters and to such extent as provided by the Courts Act
  • Consists of a President and such number of Magistrates as may be established under the Civil Establishment Act. At present, there are 12 magistrates
  • No person shall be eligible for appointment to the office of Magistrate unless he is a barrister admitted to practice and has at least 2 years standing at the bar (s. 119 Courts Act)
  • A Magistrate is appointed by the Judicial and Legal Service Commission (s. 86 Constitution)
  • A hearing before Intermediate Court takes place a) before 2 Magistrates, b) or (b) before one Magistrate, with the consent of the parties, in such category of cases as the Chief Justice may, by directions in writing to the Court, authorize (s. 85 Courts Act)
  • In the event of a difference of opinion between 2 Magistrates, the trial shall be started anew before 3 Magistrates (s. 85(3) Courts Act)
• Right of Audience in Intermediate Court


  Any party to the proceedings with leave of the Court and a person authorized under the Law Practitioners Act 1984 may address the court
• Intermediate Court jurisdiction


  • Civil Jurisdiction: Jurisdiction in all civil cases where the sum or matter in dispute does not exceed the prescribed amount (Rs. 500,000). (Section 104 of the Courts Act)
  • Criminal Jurisdiction: Jurisdiction in all districts in matters which the Director of Public Prosecution may refer to it as provided by s. 112 Courts Act. It can award against any person penal servitude for a period not exceeding 8 years or imprisonment not exceeding 5 years. (s. 113 Courts Act)
  • Appeal: An appeal against any final judgment of the Intermediate Court lies to the Supreme Court. A notice of appeal must be given within 21 days from the date of judgment. [ss. 36 and 37 District and Intermediate Court (Civil Jurisdiction) Act; ss. 92 to 100 District and Intermediate Court (Criminal Jurisdiction) Act]
• Industrial Court


  • Established by section 3 of the Industrial Court Act
  • Has exclusive civil and criminal jurisdiction to try any matter arising out of the enactments set out in the 1st schedule of the Act or of any regulations made under those enactments (which relate to labour laws)
  • Composed of two Magistrates who are appointed by the Judicial and Legal Service Commission (s. 86 Constitution)
  • Any person against whom judgment has been given may appeal subject to the same conditions as appeals from a decision of a District Magistrate (s. 11 Industrial Court Act)
  • There is a reviewing authority who is the Chief Justice or such other judge as he may depute (s. 12 Industrial Court Act)
• District Court


  • Established by s. 93 Courts Act
  • A court of record having limited jurisdiction in civil and criminal matters
  • Each District Court is presided by a Magistrate known as a District Magistrate (s. 94 Courts Act)
  • No person is eligible for appointment to the office of Magistrate unless he is a barrister admitted to practice and has at least 2 years standing at the bar (s. 119 Courts Act). A Magistrate is appointed by the Judicial and Legal Service Commission
  • Civil Jurisdiction: Jurisdiction in all cases where the sum or matter in dispute does not exceed the prescribed amount (Rs. 50,000) (s. 104 Courts Act)
  • Criminal Jurisdiction: Jurisdiction to try all offences except those mentioned in section 116 of the Courts Act. It shall not award against any person imprisonment with or without hard labour for more than 2 years and a fine not exceeding Rs. 2000 (s. 114 Courts Act)
  • Appeal: An appeal against any final judgment of a District Court lies to the Supreme Court. A notice of appeal must be given within 21 days from the date of judgment [ss. 36 and 37 District and Intermediate Court (Civil Jurisdiction) Act; ss. 92 to100 District and Intermediate Court (Criminal Jurisdiction) Act]
• Court of Rodrigues


  • The Magistrate for Rodrigues has within Rodrigues the same powers and jurisdiction as are conferred on every District Magistrate in Mauritius
  • He has also jurisdiction to hear and dispose of any case referred to in section 112 (d) and (f) Courts Act which in Mauritius, would upon a reference by the Director of Public Prosecution, be cognizable by the Intermediate Court
  • In respect of penalties and forfeitures, he is vested with the same powers as were conferred upon the Intermediate Court by s. 113 Courts Act
  • The Court of Rodrigues is governed by the Court of Rodrigues Jurisdiction Act
  • All District Courts have jurisdiction to hear complaints of Domestic Violence as provided by the Section of the Domestic Violence Act
  • The District Courts are given jurisdiction to hear small claims by Section of the Judicial Provisions Act
• Bail Court


  • Established by s. 18 of the Bail Act 1999
  • Situated in the District Court of Port-Louis, under the responsibility of one or more Magistrates appointed by the Chief justice
  • Fitted with computers and allows Video link with the prisons where the accused person is remanded pending the decision of the Director of Public Prosecution
  • Linked with the Court of Rodrigues and facilities are provided to receive evidence of witnesses through video link
  • Facilities available to receive evidence of sensitive witnesses especially in sexual offences through video link without the witness being in the physical presence of the accused