Republic of Mauritius ANNUAL REPORT THE JUDICIARY 2009

Transcription

1 Republic of Mauritius ANNUAL REPORT OF THE JUDICIARY 2009

2 JUDGES OF THE SUPREME COURT CHIEF JUSTICE Honourable Yeung Kam John YEUNG SIK YUEN G.O.S.K SENIOR PUISNE JUDGE Honourable Keshoe Parsad MATADEEN PUISNE JUDGES 1. Honourable Marc France Eddy BALANCY 2. Honourable Paul LAM SHANG LEEN 3. Honourable Premila BALGOBIN 4. Honourable Shaheda PEEROO 5. Honourable Ah Foon CHUI YEW CHEONG 6. Honourable Asraf Ally CAUNHYE 7. Honourable Sathyabhooshun Gupt DOMAH 8. Honourable Abdurrafeek HAMUTH 9. Honourable Hima Nalini MATADEEN 10. Honourable Joseph Gérard ANGOH 11. Honourable Bibi Rehana MUNGLY-GULBUL 12. Honourable Abdul Razack Hajee ABDOULA 13. Honourable Deviyanee BEESOONDOYAL 14. Honourable Shaheed BHAUKAURALLY 15. Honourable Nirmala DEVAT i

3 The Supreme Court Organisation Chart Chief Justice Senior Puisne Judge Puisne Judges Judicial Officers Judge in Bankruptcy & Master & Registrar Deputy Master & Registrar & Judge in Bankuptcy ii Director of Court Services Secretary to the Chief Justice Chief Registrar Administrative & Technical Officers Senior Registrar Company Unit Chief Usher Ushers' Office Senior Registrar Bankruptcy Division Senior Court Officer Legal Aid Services Unit Regional Court Administrator Internal Control Unit Assistant Manager Human Resources Personnel Unit Senior Registrar Registry Manager Financial Operations Finance Section CCO/Court Manager Matrimonial Section Database Administrator Information Unit CCO/Court Manager Registry Senior Librarian Library CCO/Court Manager Secretary to Judges' Office Statistician Judicial Statistics Unit

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5 C O N T E N T S Page The Judiciary 1-5 Supreme Court 6 Highlights Table Cases at the Supreme Court, 2008 & Criminal cases at the Supreme Court, 2008 & Offences by type disposed at the Court of Assizes, 2008 & a - Offences disposed by type, outcome of judgement and sex of offender at the Court of Assizes, b - Offences disposed by type, outcome of judgement and sex of offender at the Court of Assizes, Civil cases at the Supreme Court, 2008 & Divorce cases, Island of Mauritius, Island of Rodrigues & Republic of Mauritius, 2008 & Divorces/Judicial separations pronounced by number of children involved in the marriage, Island of Mauritius & Island of Rodrigues, 2008 & Divorces/Judicial separations pronounced by duration of marriage, Island of Mauritius & Island of Rodrigues, 2008 & Divorces pronounced by petitioning party and grounds, Island of Mauritius & Island of Rodrigues, 2008 & Statement of affairs of companies wound up, Republic of Mauritius, 2008 & Intermediate Court 15 Highlights Civil and criminal cases at the Intermediate Court, 2008 & Industrial Court 16 Highlights Civil and criminal cases at the Industrial Court, 2008 & District Courts 17 Highlights Civil and criminal cases at the District Courts, 2008 & Criminal cases at the District Courts, 2008 &

6 4.3 - Civil cases at the District Courts, 2008 & Small Claims Tribunals at the District Courts, 2008 & Cases under the Protection from Domestic Violence Act 1997, at the District Courts, Island of Mauritius & Republic of Mauritius, 2008 & Cases in the Republic of Mauritius 23 Highlights Civil and criminal cases, Republic of Mauritius, 2008 & Criminal cases, Republic of Mauritius, 2008 & Civil cases, Republic of Mauritius, 2008 & Crime statistics 26 Highlights Criminal offences disposed by category, Republic of Mauritius, 2008 & Criminal offences disposed by type of court, Republic of Mauritius, 2008 & Convicted offences by adult or juvenile and gender, Republic of Mauritius, & Convicted offences by adult or juvenile and gender, Republic of Mauritius, & 31 Amount paid as legal aid and revenue and expenditure of the Judiciary The number of cases of legal aid applications granted in the Island of 33 Mauritius, 2008 & Amount paid with respect to legal aid, Republic of Mauritius, 2008 & Revenue collected from courts, Island of Mauritius, 2007/2008 & / Expenditure of the Judiciary, Island of Mauritius, 2007/2008 & 2008/ Staff of the Judiciary Staff of the Judiciary, Republic of Mauritius, 2008 & Private legal practitioners Practising Barristers, Attorneys and Notaries, Republic of Mauritius, 2008 &

7 G R A P H S Supreme Court Figure 1.4a - Civil and criminal cases lodged at the Supreme Court, 2008 & b - Civil and criminal cases disposed at the Supreme Court, 2008 & District Courts 4a - Civil and criminal cases lodged, disposed and outstanding, at the District 22 Courts, Republic of Mauritius, 2008 & b - Civil and criminal cases disposed by District Courts, 2008 & Cases in the Republic of Mauritius 5a - Civil and criminal cases lodged, disposed and outstanding, Republic of Mauritius, 2008 & b - Criminal cases lodged, disposed and outstanding, Republic of Mauritius, 2008 & c - Civil cases lodged, disposed and outstanding, Republic of Mauritius, 2008 & A N N E X E S Annex I - Information service II - Calendar of events 2009

8 THE JUDICIARY 1. INTRODUCTION The Judiciary is one of the three pillars of our sovereign democratic state. By virtue of the Constitution, it is vested with the power to administer justice in the Republic of Mauritius. Conformably with the Constitution which provides for the institution of 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. This status of the Mauritian Judiciary constitutes a vital element for the functioning of our democratic system of government in upholding the rule of law and affording the necessary protection for the safeguard of the fundamental rights of the citizens. The Chief Justice is the head of the Judiciary. 2. JUDICIAL SYSTEM Mauritius has a single-structured judicial system consisting of two parts - the Supreme Court and the subordinate courts. The Supreme Court has various divisions exercising jurisdiction as the Master s Court, the Court of first instance in civil and criminal proceedings, the Court of Appeal (to hear and determine civil & criminal appeals from the decisions of the subordinate courts), the Court of Civil Appeal and the Court of Criminal Appeal (to hear and determine appeals from the decisions of the Supreme Court sitting as Court of first instance). The subordinate courts, on the other hand, consist of the Court of Rodrigues, the District Courts, the Intermediate Court and the Industrial Court. 3. SUPREME COURT The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and fifteen Puisne Judges. It is vested with all the powers and jurisdiction necessary to administer the laws of Mauritius. It is a superior Court of Record and has unlimited jurisdiction to hear and determine any civil and criminal proceedings. It has the same original jurisdiction as the High Court in England and is vested with all the necessary powers and authority to exercise its equitable jurisdiction as a Court of Equity. The Supreme Court also exercises supervisory jurisdiction over the subordinate courts in order to ensure that justice is duly administered by any such court. It has original jurisdiction to determine whether any provision of the Constitution has been contravened, including the power to determine whether any law made by Parliament is void on the ground that it contravenes any sections of the Constitution. It is also empowered to secure the enforcement of the protective provisions entrenched in the Constitution. 3.1 Civil Jurisdiction of the Supreme Court as Court of first instance The Supreme Court is the principal Court of original civil jurisdiction to hear and determine: (a) any civil matter, although it will generally entertain and hear claims where the value of the subject-matter of the claim is more than Rs 500,000; (b) divorce and matrimonial proceedings; (c) company winding-up & bankruptcy proceedings; (d) admiralty matters and (e) claims for constitutional relief.

9 Every civil proceedings is heard and disposed of by a single Judge, unless otherwise provided for under any written law or as may be decided by the Chief Justice, having regard to the magnitude of the interests at stake or the importance or intricacy of the questions of fact or law involved. 3.1 (a) The Family Division of the Supreme Court In January 2008, the Family Division of the Supreme Court was set up administratively to hear and determine exclusively divorce, children s custody and other related family matters on every working day. Two Puisne Judges designated by the Chief Justice, are entrusted with the responsibility to preside over that division. 3.1 (b) The Commercial Division of the Supreme Court The Commercial Division of the Supreme Court was set up administratively in Two Puisne Judges designated by the Chief Justice preside over that division. It entertains, hears and determines all claims of commercial nature and proceedings in bankruptcy, insolvency and winding-up of companies. 3.1 (c) Master s Court The Master s Court is presided by the Master & Registrar and the Deputy Master & Registrar. It is responsible for the conduct and management of judicial sales. It hears and determines all proceedings relating to Division in kind, Sales by Levy and Sales by Licitations. 3.2 The Criminal Division of the Supreme Court As from January 2008 a Criminal Division of the Supreme Court was set up administratively to hear Assizes cases and serious drug cases on every working day. The Supreme Court is the principal Court of criminal jurisdiction. Criminal trials before the Supreme Court 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 down under the Criminal Code, falling under the exclusive jurisdiction of the Supreme Court are tried at the Court of Assizes before a Presiding Judge and a jury. On the other hand, offences specified in the Fifth Schedule to the Criminal Procedure Act are tried before a Presiding Judge without a jury. In the exercise of its criminal jurisdictions, the Supreme Court is empowered to inflict life imprisonment for certain serious offences. 3.3 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, made to the court from the decisions of: (a) the Judge in Chambers; (b) a Judge in the exercise of his original jurisdiction; (c) the Master s Court; (d) the Intermediate Court; (e) the Industrial Court; 2

10 (f) the District Courts and (g) other Court or body established under any other law. Appeals to the Supreme Court are heard before at least two judges, except as otherwise provided for in any other enactment. 3.4 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. 3.5 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. 4. 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 the Supreme Court to the Judicial Committee as of right in the following cases: (a) final decisions, in any civil or criminal proceedings, on questions as to the interpretation of the Constitution; (b) where the matter in dispute on the appeal to the Judicial Committee 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, final decisions in any civil proceedings; (c) final decisions in proceedings under section 17 of the Constitution for the enforcement of protective provisions; (d) 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, final decisions in any civil proceedings. In 2008 and 2010 appeal cases from the decisions of the Supreme Court have been heard before the Judicial Committee sitting in Mauritius itself. 3

11 5. SUBORDINATE COURTS 5.1 INTERMEDIATE COURT The Intermediate Court is established under the Courts Act and has civil and criminal jurisdiction in all districts of Mauritius including Rodrigues. It consists of two Presidents, two Vice-Presidents and any such number of Magistrates Intermediate Court established under the Civil Establishment Act. 5.1 (a) Civil Jurisdiction of the Intermediate Court The Intermediate Court has jurisdiction in all civil cases where the sum or matter in dispute, whether in balance of account or otherwise, does not exceed Rs 500,000. The bench of the Intermediate Court is constituted by one, two or three Magistrates as may be decided by the President. 5.1 (b) Criminal Jurisdiction The Intermediate Court has jurisdiction to hear and determine serious criminal offences provided under specific sections of the Criminal Code and any offence declared triable 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 the Criminal Code. 5.2 INDUSTRIAL COURT The Industrial Court consists of a President and a Vice-President. Established under the Industrial Court Act, it has exclusive civil and criminal jurisdiction to try any matter arising out of the Labour Act, Boilers 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. 5.3 DISTRICT COURTS There are twelve District Courts in the Island of Mauritius and one in Rodrigues. The District Courts have jurisdiction to try and determine both civil and criminal cases as provided by the law. Each District Court is presided by a Senior District Magistrate and any such number of District Magistrates as may be decided by the Chief Justice. 5.3 (a) Civil Jurisdiction of the District Court The District Court has jurisdiction in all civil cases where the sum or matter in dispute does not exceed Rs 50,000. Conversely, the District Magistrates have exclusive jurisdiction in landlord and tenant disputes, irrespective of the amount of the claim for non-payment of rent. 4

12 5.3 (b) Domestic violence jurisdiction By virtue of the Protection from Domestic Violence Act 1997, the District Clerks are entrusted with the duty of receiving and processing applications for a Protection Order from aggrieved spouses, victims of domestic violence. The District Magistrates are empowered to hear and determine such cases and to issue Protection Orders when the Court is satisfied that there is a serious risk of harm for the applicants. The District Magistrates are also empowered to receive and determine applications for the issue of Occupation Orders and Tenancy Orders. Such orders confer upon the victim of domestic violence the exclusive right to the use and occupation of the conjugal house. 5.3 (c) Small Claims Tribunal The Small Claims Tribunal was set up in 1999 to enable the District Courts to adjudicate on minor claims not exceeding Rs 25,000 in a summary and expeditious manner. Such claims are lodged at the court 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 of no agreement between the parties, the matter is set down for trial. It is to be noted that such cases are disposed by this method of conflict resolution rather than a trial. 5.3 (d) Criminal Jurisdiction The District Court has power and jurisdiction to hear, try and determine criminal cases punishable by a term of imprisonment not exceeding five years and a fine not exceeding Rs 100, (e) Juvenile Court The District Magistrates exercise jurisdiction as Magistrate of the Juvenile Court. The Juvenile Court tries criminal offences committed by young persons (above 14 years and below 17 years of age). The Juvenile Court also deals with children who are beyond parental control and/or who need care and protection. 5.3 (f) Court of Rodrigues In Rodrigues, justice is administered by a full-time Magistrate and a visiting Judge of the Supreme Court. A Magistrate also visits the other smaller islands, like Agalega which forms part of the Republic of Mauritius. 6. THE RULES COMMITTEE The Rules Committee was set up in August 2001 to advise and make recommendations to the Chief Justice in respect of the 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. 5

13 1. SUPREME COURT Highlights The total number of cases lodged at the Supreme Court has risen by 5.1% from 7,244 in 2008 to 7,612 in There was a noticeable increase in the number of bankruptcy cases lodged, from 337 in 2008 to 938 in The number of criminal cases disposed at the Court of Assizes has fallen from 62 in 2008 to 30 in 2009 as only one judge was hearing cases in 2009 against two judges in The number of Divorce/Judicial separations pronounced in the Republic of Mauritius has increased by 37.4% from 1,570 in 2008 to 2,157 in Around 60% of the petitioners were females and 62% of the couples were married for 14 years or less. 6

14 Table Cases 1 at the Supreme Court, 2008 & 2009 Civil cases Criminal cases Civil and Criminal cases No. of cases pending at the beginning of the year 11,511 12, ,846 12,704 No. of cases lodged 6,995 7, ,244 7,612 7 No. of cases disposed 5,752 7, ,920 8,062 No. of cases outstanding at the end of the year 12,278 8, ,694 8,881 1 physical counts effected in both criminal and civil cases

15 Table Criminal cases at the Supreme Court, 2008 & 2009 Courts Cases pending at the beginning of the year No. of cases lodged No. of cases disposed Cases outstanding at the end of the year Court of Assizes of which: Trial by Jury Trial without Jury Supreme Court hearing appeals from lower Courts 1 Court of Criminal Appeal Total Table Offences by type disposed at the Court of Assizes, 2008 & 2009 Offences Trial by Jury Murder 9 4 Manslaughter 7 9 Wounds and blows causing death without intention to kill, but with premeditation Others Trial without Jury Importation of Heroin Importation of Gandia Others 16 0 Total physical count effected in year

16 Table 1.3a - Offences disposed by type, outcome of judgement and sex of offender at the Court of Assizes, 2008 Type of offence Dismissed/Struck Out/Nolle Prosequi Conviction Imprisonment Fine Total Conviction Trial by Jury Male Female Male Female Male Female Male Female Total Murder Manslaugher Others Total Trial without Jury Importation of heroin Importation of gandia Others Total Table 1.3b - Offences disposed by type, outcome of judgement and sex of offender at the Court of Assizes, 2009 Type of offence Dismissed/Struck Out/Nolle Prosequi Imprisonment Conviction Fine Total Conviction Trial by Jury Male Female Male Female Male Female Male Female Total Murder Manslaugher Others Total Trial without Jury Importation of heroin Importation of gandia Others Total

17 Table Civil cases at the Supreme Court, 2008 & Bankruptcy , Chambers Company winding-up petitions Bankruptcy notices Bankruptcy petitions Master's Court , ,170 Sale by levy/licitations Petitions for division-inkind Registry (Le greffe) 7,401 7,641 3,646 3,346 2,930 3,833 7,641 6,458 Plaint With Summons 1 3,998 4, , Divorce Petition 2,453 2,117 1,930 2,069 1,790 2,414 2, Civil appeals from lower Courts Motions and other applications & Ref. from chambers Cases pending at the beginning of the year No. of cases lodged No. of cases disposed Cases outstanding at the end of the year Appeals from decisions of the Judge sitting at chambers, Tribunals & other authorities, etc Appeals before the Court of Civil Appeal Chambers cases 1 2,431 2,992 2,315 2,408 1,754 2,049 2, Total 11,511 12,288 6,995 7,366 5,752 7,893 12,278 8,407 1 physical count effected in year 2009 Not available; Commercial Division started operating as from 2009 and hence started dealing with chamber matters of commercial nature.

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19 Table Divorce cases, Island of Mauritius, Island of Rodrigues & Republic of Mauritius, 2008 & 2009 Island of Mauritius Island of Rodrigues Republic of Mauritius No. of cases pending at the beginning of the year ,453 2, ,528 2,195 No. of cases lodged 1,930 2, ,990 2,168 No.of cases disposed: 1,790 2, ,847 2,522 Divorce pronounced Withdrawn/Struck out/set aside 1,524 2, ,569 2, Dismissed Judicial separation No. of cases outstanding at the end of the year 2,117 1, ,195 1,841 1 The number cases pending at the beginning of the year was obtained from physical count; wheareas cases lodged, disposed and outstanding were compiled from a computerised database system. Table Divorces/Judicial separations pronounced by number of children involved in the marriage, Island of Mauritius & Island of Rodrigues, 2008 & 2009 No. of children involved Island of Mauritius Island of Rodrigues No. % No. % No. % No. % and above Total 1, ,

20 Table Divorces/Judicial separations pronounced by duration of marriage, Island of Mauritius & Island of Rodrigues, 2008 & 2009 Duration of Marriage Island of Mauritius Island of Rodrigues (Years) No. % No. % No. % No. % and above Total 1, , Table Divorces pronounced by petitioning party and grounds, Island of Mauritius & Island of Rodrigues, 2008 & 2009 Island of Mauritius Island of Rodrigues No. % No. % No. % No. % Husband/Petitioner Grounds: Faute Rupture de vie commune Aux torts partagés Wife/Petitioner , Grounds: Faute , Rupture de vie commune Aux torts partagés Total 1, ,

21 Table Statement of affairs of companies wound up, Republic of Mauritius, 2008 & Number of companies wound up Assets (Rs) 56,279 5,433,731 Liabilities (Rs) 20,291,003 34,989,771 Deficiency (Rs) 20,234,724 29,556,040 14

22 2. INTERMEDIATE COURT Highlights The total number of cases, civil and criminal, lodged increased by 5.0% from 3,465 in 2008 to 3,638 in Civil cases lodged totaled 2,052 in 2009, 0.6% fewer than in Conversely, a rise of 13.3% was noted in the number of criminal cases lodged from 1,400 in 2008 to 1,586 in 2009 (Table 2.1). There were 3,219 cases, civil and criminal, disposed in 2009 representing a fall of 11.6% compared to 3,643 in Decreases were noted in the number of civil cases disposed from 2,198 in 2008 to 1,859 in 2009 and criminal cases from 1,445 in 2008 to 1,360 in The total number of outstanding cases at the end of the year has increased by 10.9%, from 3,836 in 2008 to 4,255 in Table Civil and criminal cases at the Intermediate Court, 2008 & 2009 Civil cases Criminal cases Civil & criminal cases No. of cases pending at the beginning of the year 2,784 2,651 1,230 1,185 4,014 3,836 No. of cases lodged 2,065 2,052 1,400 1,586 3,465 3,638 No. of cases disposed 2,198 1,859 1,445 1,360 3,643 3,219 No. of cases outstanding at the end of the year 2,651 2,844 1,185 1,411 3,836 4,255 15

23 3. INDUSTRIAL COURT Highlights The number of civil and criminal cases lodged at the Industrial Court increased by 29.2% from 830 in 2008 to 1,072 in An increase of 48.6% in the number of civil cases lodged, from 624 in 2008 to 927 in 2009 and a fall of 29.6% in the number of criminal cases lodged were noted, from 206 in 2008 to 145 in The total number of civil and criminal cases disposed declined by 9.8% from 1,068 in 2008 to 963 in The number of civil cases disposed showed a rise of 2.8% from 797 in 2008 to 819 in 2009 and conversely, for criminal cases a fall of 46.9% was noted from 271 in 2008 to 144 in 2009 (Table 3.1). A rise of 25.8% was noted in the number of outstanding civil and criminal cases at the end of 2009, from 423 in 2008 to reach 532 in Table Civil and criminal cases at the Industrial Court, 2008 & 2009 Civil cases Criminal cases Civil & criminal cases No. of cases pending at the beginning of the year No. of cases lodged ,072 No. of cases disposed , No. of cases outstanding at the end of the year

24 4. DISTRICT COURTS Highlights The number of civil and criminal cases lodged for all District Courts increased by 3.6% from 111,022 in 2008 to 115,031 in About 43.6% of the civil and criminal cases were lodged in urban areas in 2009, with 26,767 cases in the two District Courts of Plaines Wilhems and 23,448 cases in the three divisions of the District Courts of Port Louis. Among the rural District Courts, Grand Port and Pamplemousses had the largest number of cases lodged, 13,499 and 11,946 cases respectively (Table 4.1). An increase of 1.8% was noted in the number of criminal cases lodged from 103,351 in 2008 to 105,221 in 2009 (Table 4.2). Civil cases lodged totaled 9,810 in 2009, 27.9% more than in 2008 (7,671), (Table 4.3). Civil cases at District Courts include cases of the Small Claims Tribunals and cases under the Protection from Domestic Violence Act The number of cases lodged at the Small Claims Tribunals increased by 12.2% from 1,389 in 2008 to 1,559 in 2009 (Table 4.4). The number of cases lodged under the Protection from Domestic Violence Act 1997 also rose by 12.3% from 1,604 in 2008 to 1,801 in 2009 (Table 4.5). In 2009, 110,371 civil and criminal cases were disposed, representing an increase of 1.9% as compared to 2008 figure of 108,297. The increase was mainly at the following District Courts: Rodrigues (127.2%), Riviere Du Rempart (27.8%) and Moka (25.2%). It is to be noted that cases disposed (mainly contraventions) at the District Court of Rodrigues increased considerably as two judges were hearing cases against only one judge in The number of criminal cases disposed rose from 99,937 in 2008 to 100,755 in The number of civil and criminal cases outstanding at the end of the year for all District Courts reached 29,638 in 2009 showing a decrease of 10.3% as compared to 33,051 in 2008 (Table 4.1). 17

25 Table Civil and criminal cases at the District Courts, 2008 & 2009 District Courts No. of cases pending at the beginning of the year No. of cases lodged No. of cases disposed No. of cases outstanding at the end of the year Port Louis Div I 1,839 1,356 1,886 1,799 2,369 1,926 1,356 1,229 Port Louis Div II 2,076 2,078 7,215 6,210 7,213 6,036 2,078 2,252 Port Louis Div III 1 7,724 8,366 14,568 15,439 13,926 13,552 8,366 2,241 Pamplemousses 1 4,971 2,319 10,442 11,946 9,408 11,026 2,319 3,239 Riviere du Rempart 1 1,562 2,497 7,785 9,725 6,850 8,755 2,497 3, Flacq 1 4,295 2,106 8,212 8,994 7,931 9,356 2,106 1,684 Moka 1 1,308 1,161 5,389 7,061 5,536 6,929 1,161 1,283 Lower Plaines Wilhems 1 3,297 3,814 16,982 12,313 16,422 11,821 3,814 4,306 Upper Plaines Wilhems 1 2,124 1,160 11,782 14,454 12,762 14,390 1,160 1,224 Grand Port 3,261 2,475 12,672 13,499 13,458 12,635 2,475 3,339 Savanne 1 2,148 2,330 6,386 6,248 6,204 5,501 2,330 3,081 Black River 1 1,285 1,370 4,426 4,130 4,359 4,220 1,370 1,280 Rodrigues 601 2,019 3,277 3,213 1,859 4,224 2,019 1,008 Total (Island of Mauritius) Total (Republic of Mauritius) 35,890 31, , , , ,147 31,032 28,630 36,491 33, , , , ,371 33,051 29,638 1 physical count effected in year 2009

26 Table Criminal cases at the District Courts, 2008 & 2009 District Courts No. of cases pending at the beginning of the year No. of cases lodged No. of cases disposed No. of cases outstanding at the end of the year Port Louis Div II 2,076 2,078 7,215 6,210 7,213 6,036 2,078 2,252 Port Louis Div III 1 7,724 8,366 14,568 15,439 13,926 13,552 8,366 2,241 Pamplemousses 1 4,875 2,237 10,034 11,372 8,986 10,511 2,237 3,098 Riviere du Rempart 1,456 2,431 7,424 9,213 6,449 8,261 2,431 3,383 Flacq 1 3,935 1,923 7,723 8,294 7,259 8,748 1,923 1,469 Moka 1,221 1,133 5,039 6,444 5,127 6,354 1,133 1, Lower Plaines Wilhems 1 2,854 3,356 15,496 10,184 14,994 10,031 3,356 3,509 Upper Plaines Wilhems 1 1, ,577 12,689 11,633 12, Grand Port 3,074 2,337 12,120 12,832 12,857 11,959 2,337 3,210 Savanne 2,093 2,263 6,065 5,896 5,895 5,107 2,263 3,052 Black River 1 1,226 1,301 4,058 3,746 3,983 3,812 1,301 1,235 Rodrigues 451 1,868 3,032 2,902 1,615 3,893 1, Total (Island of Mauritius) Total (Republic of Mauritius) 32,183 28, , ,319 98,322 96,862 28,018 25,463 32,634 29, , ,221 99, ,755 29,886 26,340 1 physical count effected in year 2009

27 Table Civil cases at the District Courts, 2008 & 2009 District Courts No. of cases pending at the beginning of the year No. of cases lodged No. of cases disposed No. of cases outstanding at the end of the year Port Louis I 1,839 1,356 1,886 1,799 2,369 1,926 1,356 1,229 Pamplemousses Riviere du Rempart Flacq Moka Lower Plaines Wilhems ,486 2,129 1,428 1, Upper Plaines Wilhems ,205 1,765 1,129 1, Grand Port Savanne Black River Rodrigues Total (Island of Mauritius) Total (Republic of Mauritius) 3,707 3,014 7,426 9,499 8,116 9,285 3,014 3,167 3,857 3,165 7,671 9,810 8,360 9,616 3,165 3,298 1 physical count effected in year 2009

28 Table Small Claims Tribunals at the District Courts, 2008 & 2009 District Courts No. of cases lodged No. of cases disposed Port Louis Div I Pamplemousses Riviere du Rempart Flacq Moka Lower Plaines Wilhems Upper Plaines Wilhems Grand Port Savanne Black River Rodrigues Total (Island of Mauritius) Total (Republic of Mauritius) 1,388 1,545 1,148 1,425 1,389 1,559 1,148 1,436 Table Cases under the Protection from Domestic Violence Act 1997, at the District Courts, Island of Mauritius & Republic of Mauritius, 2008 & 2009 District Courts No. of cases lodged No. of cases disposed Port Louis Div I Pamplemousses Riviere du Rempart Flacq Moka Lower Plaines Wilhems Upper Plaines Wilhems Grand Port Savanne Black River Rodrigues Total (Island of Mauritius) Total (Republic of Mauritius) 1,543 1,772 1,568 1,744 1,604 1,801 1,629 1,773 21

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30 5. CASES IN THE REPUBLIC OF MAURITIUS Highlights The number of civil and criminal cases lodged in the Republic of Mauritius rose by 3.9% from 122,561 in 2008 to 127,353 in 2009 (Table 5.1). A rise of 16.1% was noted in civil cases lodged from 17,355 in 2008 to 20,155 in An increase of 1.9% was also noted in the number of criminal cases lodged, from 105,206 in 2008 to 107,198 in The number of civil and criminal cases disposed increased by 3.1% from 118,928 in 2008 to in The number of civil cases disposed showed an increase of 18.0% from 17,107 in 2008 to 20,187 in 2009 (Table 5.3). The number of criminal cases disposed registered a rise of 0.6% from 101,821 in 2008 to 102,428 in 2009 (Table 5.2). 23

31 Table Civil and criminal cases, Republic of Mauritius, 2008 & 2009 Courts No. of cases pending at the beginning of the year No. of cases lodged No. of cases disposed No. of cases outstanding at the end of the year Republic of Mauritius Island of Mauritius 53,012 50, , , , ,615 50,004 43,306 52,411 47, , , , ,391 47,985 42,298 Supreme Court 11,846 12,704 7,244 7,612 5,920 8,062 12,694 8,881 Industrial Court ,072 1, Intermediate Court 4,014 3,836 3,465 3,638 3,643 3,219 3,836 4,255 District Courts 1 35,890 31, , , , ,147 31,032 28,630 Court of Rodrigues 601 2,019 3,277 3,213 1,859 4,224 2,019 1,008 Table Criminal cases, Republic of Mauritius, 2008 & 2009 Courts No. of cases pending at the beginning of the year No. of cases lodged No. of cases disposed No. of cases outstanding at the end of the year Republic of Mauritius Island of Mauritius 34,380 31, , , , ,428 31,603 28,342 33,929 29, , , ,206 98,535 29,735 27,465 Supreme Court Industrial Court Intermediate Court 1,230 1,185 1,400 1,586 1,445 1,360 1,185 1,411 District Courts 1 32,183 28, , ,319 98,322 96,862 28,018 25,463 Court of Rodrigues 451 1,868 3,032 2,902 1,615 3,893 1, Table Civil cases, Republic of Mauritius, 2008 & 2009 Courts No. of cases pending at the beginning of the year No. of cases lodged No. of cases disposed No. of cases outstanding at the end of the year Republic of Mauritius Island of Mauritius 18,632 18,411 17,355 20,155 17,107 20,187 18,401 14,964 18,482 18,260 17,110 19,844 16,863 19,856 18,250 14,833 Supreme Court 11,511 12,288 6,995 7,366 5,752 7,893 12,278 8,407 Industrial Court Intermediate Court 2,784 2,651 2,065 2,052 2,198 1,859 2,651 2,844 District Courts 1 3,707 3,014 7,426 9,499 8,116 9,285 3,014 3,167 Court of Rodrigues physical count effected in year

32 25

33 6. CRIME STATISTICS Highlights Criminal Offences A total of 118,740 criminal offences was disposed in the Republic of Mauritius in 2009 of which 71.0% were traffic offences. The highest number of offences disposed was recorded in the urban district of Plaines Wilhems (22,717) followed by Port Louis (22,120). In rural areas, Grand Port registered the highest number of offences disposed (15,400), (Table 6.2). In 2009, convicted offences involved mostly adults (99.9%). The number of offences for which adults were sentenced to imprisonment was 2,942 (2,874 males and 68 females) compared to 2,386 (2,350 males and 36 females) in Around 94.6% of the sentences delivered were fines (Tables 6.3 & 6.4). 26

34 Table Criminal offences disposed by category, Republic of Mauritius, 2008 & 2009 Offences against/in respect of Island of Mauritius Island of Rodrigues Republic of Mauritius Lawful Authorities 947 1, ,204 Public Morality The Person 8,567 8, ,844 9,178 Property 6,557 8, ,773 8,375 Others (Criminal Code) 1,688 1, ,828 2,350 Traffic Laws 85,950 80,445 1,197 3,870 87,147 84,315 Distillery Laws Licence Laws 1,492 1, ,493 1,494 Dangerous Drugs Act 3,333 2, ,362 2,777 Labour and Industrial Acts Miscellaneous 5,726 8, ,941 8,388 Total 115, ,673 2,125 5, , ,740 Table Criminal offences disposed by type of court, Republic of Mauritius, 2008 & 2009 Courts Republic of Mauritius Island of Mauritius Supreme Court Industrial Court Intermediate Court District Courts (Island of Mauritius) Port Louis Div II Port Louis Div III Pamplemousses Riv du Rempart Flacq Moka Lower Plaines Wilhems Upper Plaines Wilhems Grand Port Savanne Black River Court of Rodrigues , , , , ,155 3, , ,860 8,358 5,934 14,950 16,186 11,406 12,970 7,900 10,034 8,253 9,146 5,844 6,841 14,771 10,845 12,300 11,872 15,329 15,400 7,022 6,178 5,268 4,454 2,125 5,067 27

35 28 30 Table Convicted offences by adult/juvenile and gender, Republic of Mauritius, 2008 Probation, Conditional Discharge, RYC, CYC & Imprisonment Fine Community Service & Absolute other Institutions Offences by type Discharge Total Adult Adult Juvenile Juvenile Adult Adult Juvenile Juvenile Adult Adult Juvenile Juvenile Male Female Male Female Male Female Male Female Male Female Male Female Male Female Total AGAINST LAWFUL AUTHORITIES Offences under Protection from Domestic Violence Act Others AGAINST PUBLIC MORALITY Rape Illegal sexual intercourse (with a minor under 16 or a mentally handicapped person) Others AGAINST THE PERSON , , ,900 Murder and Manslaughter Assault/wounds and blows , , ,147 Wounds and blows causing death without intention to kill Involuntary homicide Others AGAINST PROPERTY 1, , , , ,993 Larceny with violence Larceny by night breaking Other larceny with aggravating circumstances (e.g. larceny with violence and night breaking, larceny and produce of soil, etc.) Criminal damage to property Others 1, , , , ,211 OFFENCES AGAINST THE PENAL CODE , , ,614 Counterfeiting mark or banknotes Possession of counterfeited bank notes Rogue and Vagabond Others , ,302

36 Table 6.3 (cont'd) - Convicted offences by adult/juvenile and gender, Republic of Mauritius, 2008 Offences by type Imprisonment Adult Male Adult Female RYC, CYC & other Institutions Juvenile Male Juvenile Female Adult Male Adult Female Fine Juvenile Male Juvenile Female Probation, Conditional Discharge, Community Service & Absolute Discharge Adult Male Adult Female Juvenile Male Juvenile Female Total Male Female Total AGAINST LOCAL LAWS/TRAFFIC ,566 1, ,644 1,503 77,147 Driving under influence of liquor Offences related to driver of vehicle (e.g.: using hand held telephone, driving without seat belt, parking on yellow line, failing to conform to traffic sign, etc.) ,657 1, ,660 1,004 56, Others , , ,944 OFFENCES AGAINST THE DISTILLERY LAWS OFFENCES AGAINST THE LICENCE LAWS , , ,095 Under the Excise Act Under the Local Govt. Act DANGEROUS DRUGS ACT , , ,252 Possession of gandia for personal consumption Possession of heroin for personal consumption Possession of any other dangerous drug for drug dealing Importation of gandia Importation of heroin Others , , ,985 MISCELLANEOUS , , ,948 Offences against the Food Act and the Public Health Act Offences against the Environment Protection , , ,303 Others , , ,396 INDUSTRIAL COURT Offences under the Labour Act Offences under the Occupational Safety, Health and Welfare Act Others TOTAL 2, ,629 2, , ,853 2,445 99,298 RYC means Rehabilitation Youth Centre and CYC stands for Community Youth Centre

37 30 Table Convicted offences by adult/juvenile and gender, Republic of Mauritius, 2009 Probation, Conditional Discharge, RYC, CYC & Imprisonment Fine Community Service & Absolute other Institutions Offences by type Discharge Total Adult Adult Juvenile Juvenile Adult Adult Juvenile Juvenile Adult Adult Juvenile Juvenile Male Female Male Female Male Female Male Female Male Female Male Female Male Female Total AGAINST LAWFUL AUTHORITIES Offences under Protection from Domestic Violence Act Others AGAINST PUBLIC MORALITY Rape Illegal sexual intercourse (with a minor under 16 or a mentally handicapped person) Others AGAINST THE PERSON , , ,253 Murder and Manslaughter Assault/wounds and blows , , ,339 Wounds and blows causing death without intention to kill Involuntary homicide Others AGAINST PROPERTY 1, , , , ,321 Larceny with violence Larceny by night breaking Other larceny with aggravating circumstances (e.g. larceny with violence and night breaking, larceny and produce of soil, etc.) Criminal damage to property Others 1, , , , ,447 OFFENCES AGAINST THE PENAL CODE , , ,030 Counterfeiting mark or banknotes Possession of counterfeited bank notes Rogue and Vagabond Others , , ,591

38 Table 6.4 (cont'd) - Convicted offences by adult/juvenile and gender, Republic of Mauritius, 2009 Offences by type Imprisonment Adult Male Adult Female RYC, CYC & other Institutions Juvenile Male Juvenile Female Adult Male Adult Female Juvenile Male Juvenile Female Adult Male Adult Female Juvenile Male Juvenile Female Male Female Total AGAINST LOCAL LAWS/TRAFFIC , , ,097 Driving under influence of liquor Fine Probation, Conditional Discharge, Community Service & Absolute Discharge Total Offences related to driver of vehicle (e.g.: using hand held telephone, driving without seat belt, parking on yellow line, failing to conform to traffic sign, etc.) , , , Others , , ,100 OFFENCES AGAINST THE DISTILLERY LAWS OFFENCES AGAINST THE LICENCE LAWS , , ,135 Under the Excise Act Under the Local Govt. Act , , ,088 DANGEROUS DRUGS ACT , , ,693 Possession of gandia for personal consumption Possession of heroin for personal consumption Possession of any other dangerous drug for drug dealing Importation of gandia Importation of heroin Others , , ,804 MISCELLANEOUS , , ,826 Offences against the Food Act and the Public Health Act Offences against the Environment Protection Act , , ,194 Others , , ,137 INDUSTRIAL COURT Offences under the Labour Act Offences under the Occupational Safety, Health Others TOTAL 2, ,431 1, , ,554 1,247 97,801 RYC means Rehabilitation Youth Centre and CYC stands for Community Youth Centre

39 7. The Legal Aid Unit During the year 2009, the number of legal aid recipients at the Supreme Court reached the figure 1,690-1,582 applications in respect of matrimonial cases, 93 in respect of civil suits and 15 in respect of criminal cases (Table 7.1). The total expenditure paid in respect of legal aid in the Republic of Mauritius for the year 2009 was Rs 2.3 million (Table 7.2). 8. Revenue and Expenditure of the Judiciary The revenue collected at the various courts of the Island of Mauritius amounted to Rs 184,464,520 for the financial year 2008/2009 compared to Rs 182,738,122 for the financial year 2007/2008 (Table 8.1). The recurrent expenditure of the Judiciary for the Island of Mauritius amounted to Rs 261,941,000 for the financial year 2008/2009 compared to Rs 188,515,000 for the financial year 2007/2008. Capital expenditure rose considerably for the financial year 2008/2009 compared to 2007/2008 due to the upgrading of District Courts and the installation of fire alarms and fire fighting systems. Recurrent expenditure increased due to the implementation of the PRB recommendations for salary revision in the service in the financial year 2008/

40 Table The number of cases of legal aid applications granted in the Island of Mauritius, 2008 & 2009 Cases Civil 1,644 1,675 of which Matrimonial 1,567 1,582 Criminal Total 1,670 1,690 Table Amount paid in respect of legal aid, Republic of Mauritius, 2008 & Amount Rs 2,485,415 Rs 2,345,352 Table Revenue collected from courts, Island of Mauritius, 2007/2008 & 2008/2009 Revenue 2007/ /2009 Fines Rs 139,494,013 Rs 148,819,775 Other 1 Rs 43,244,108 Rs 35,644,745 Total Rs 182,738,121 Rs 184,464,520 1 includes court, ushers and other miscellaneous fees. Table Expenditure of the Judiciary, Island of Mauritius 2007/2008 & 2008/2009 Expenditure Capital Recurrent 2007/ /2009 Rs 4,534,255 Rs 19,945,968 Rs 188,514,728 Rs 261,941,217 Total Rs 193,048,983 Rs 281,887,185 Source: Annual Report of the Accountant General 33