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Republic of Mauritius

ANNUAL REPORT
OF

THE JUDICIARY
2015

June 2016

ANNUAL REPORT
OF

THE JUDICIARY
2015

JUDGES OF THE SUPREME COURT


Year 2015
CHIEF JUSTICE

Honourable Kheshoe Parsad MATADEEN


SENIOR PUISNE JUDGE

Honourable Marc France Eddy BALANCY


PUISNE JUDGES
1. Honourable Paul LAM SHANG LEEN (retired on 04 July 2015)
2. Honourable Shaheda PEEROO
3. Honourable Ah Foon CHUI YEW CHEONG
4. Honourable Asraf Ally CAUNHYE
5. Honourable Abdurrafeek HAMUTH
6. Honourable Hima Nalini MATADEEN
7. Honourable Joseph Grard ANGOH
8. Honourable Bibi Rehana MUNGLY-GULBUL
9. Honourable Abdul Razack HAJEE ABDOULA
10. Honourable Deviyanee BEESOONDOYAL
11. Honourable Nirmala DEVAT
12. Honourable David CHAN KAN CHEONG
13. Honourable Rita TEELOCK
14. Honourable Prithviraj FEKNA
15. Honourable J Benjamin G MARIE JOSEPH
16. Honourable Oomeshwarnath BENY MADHUB
17. Honourable Aruna Devi NARAIN
18. Honourable Mohammad Iqbal MAGHOOA
19. Honourable Gaitree JUGESSUR-MANNA

The Supreme Court Organisation Chart


Chief Justice

Senior Puisne Judge

Puisne Judges

Judicial Officers

Master
& Registrar

Deputy Master & Registrar

ii
Administrative
& Technical
Officers

Secretary to the Chief Justice

Chief Registrar

Deputy Chief Registrar

Senior
Registrar/
Regional Court
Administrator

Senior
Registrar/
Regional Court
Administrator

Chief Court
Officer/Court
Manager

Chief Court
Officer/Court
Manager

Chief Court
Officer/Court
Manager

Chief Court
Officer/Court
Manager

Principal Court
Officer

Internal Control
Unit

Registry

Masters
Office

Commercial
Division

Family
Division

Secretary to
Judges Office

Mediation
Division

Chief
Court Usher

Senior
Court
Officer

Manager
Human
Resources

Manager
Financial
Operations

Senior
Systems
Analyst

Senior
Librarian

Senior
Transcriber

Statistician

Court
Ushers
Office

Legal Aid
Unit

Human
Resource
Unit

Finance
Unit

Information
Services
Section

Library

Transcription
Unit

Statistics
Unit

CONTENTS
Page
The Judiciary

1-8
HIGHLIGHTS & TABLES

Supreme Court

9 & 10

1.1 - All cases at the Supreme Court, 2012 - 2015

11

1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2012 - 2015

12

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


Supreme Court (Assizes), 2012 - 2015
1.3a - Offences disposed of by type of offence and outcome of judgment at the
Criminal Division of the Supreme Court (Assizes), 2012 - 2015

12
13

1.4 - Appellate Jurisdiction at the Supreme Court, 2012 - 2015

14

1.5 - Civil cases at the Supreme Court, 2012 - 2015

15

1.6 - Divorce cases, Republic of Mauritius, 2012 - 2015

17

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


the marriage, Republic of Mauritius, 2012 - 2015
1.8 - Divorces pronounced by petitioning parties and grounds, Republic of
Mauritius, 2012 - 2015
1.9 - Divorces/Judicial separations pronounced by duration of marriage (years),
Republic of Mauritius, 2012 - 2015
1.10 - Civil cases at the Mediation Division of the Supreme Court, 2012 - 2015
Intermediate Court
2.1 - Civil and criminal cases at the Intermediate Court, 2012 - 2015
Industrial Court
3.1 - Civil and criminal cases at the Industrial Court, 2012 - 2015
Bail & Remand Court and Weekend Court

18
18
19
20
21
21
22
22
23

4.1 - Cases at the Bail & Remand Court (BRC), 2014 & 2015

23

5.1 - Cases at the Weekend Court, 2014 & 2015

23

District Courts

24

6.1 - Civil and criminal cases at the District Courts, 2012 - 2015

25

6.2 - Criminal cases at the District Courts, 2012 - 2015

26

6.3 - Civil cases at the District Courts, 2012 - 2015

27

6.4 - Plaint with summons (civil) cases at the District Courts, 2012 - 2015

28

6.5 - Small Claim Procedure at the District Courts, 2012 - 2015

28

6.6 - State debts cases at the District Courts, 2012 - 2015

29

Cases under the Protection from Domestic Violence Act 1997 at the
District Courts, 2012 - 2015
6.8 - Breakdown by type of Orders under the Protection from Domestic Violence
Act 1997 at the District Courts, 2014 & 2015
6.9 - Breakdown of Protection Orders under the Protection from Domestic Violence
Act 1997 at the District Courts, 2014 & 2015
6.10 - Breakdown by sex of Protection Orders under the Protection from Domestic
Violence Act 1997 at the District Courts, 2015
6.7 -

Cases (civil and criminal) in the Republic of Mauritius

29
30
31
32
34

7.1 - Total cases, Republic of Mauritius, 2012 - 2015

35

7.2 - Total criminal cases, Republic of Mauritius, 2012 - 2015

36

7.3 - Total civil cases, Republic of Mauritius, 2012 - 2015

37

Crime Statistics
8.1 - Criminal offences disposed of according to United Nations classification of
offences (broad categories), Republic of Mauritius, 2014 & 2015
8.2 - Criminal offences disposed of by courts and outcome of judgment,
Republic of Mauritius, 2014 & 2015
8.3 - Convicted offences according to United Nations classification of offences,
Republic of Mauritius, 2014 & 2015
8.4 - Convicted offences by court and according to United Nations classification of
offences (broad categories), Republic of Mauritius, 2015
8.5 - Drug offences convicted by type, Republic of Mauritius, 2012 - 2015
The Legal Aid Unit and Revenue and Expenditure of the Judiciary
9.1 - Legal aid assistance - applications received, services granted and amount paid Republic of Mauritius, 2012 - 2015
10.1 - Revenue collected from courts, Republic of Mauritius, 2012 - 2014 & January
to June 2015
10.2 - Expenditure of the Judiciary, Republic of Mauritius, 2012 - 2014 & January
to June 2015

39
40
41
43 - 47
48
49
50
51
51
51

Staff of the Judiciary and court rooms


11.1 - Staff of the Judiciary, Republic of Mauritius, 2014 & 2015

52

11.2 - Court rooms by type of court, Republic of Mauritius, 2012 - 2015

53

Private Legal Practitioners


11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),
Republic of Mauritius, 2012 - 2015

53

FIGURES
Supreme Court
1.5a - Cases lodged at the Supreme Court, 2014 & 2015

16

1.5b - Cases disposed of at the Supreme Court, 2014 & 2015

16

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


Republic of Mauritius, 2015

19

District Courts
6.1a - Total cases lodged, disposed of and outstanding at the District Courts,
Republic of Mauritius, 2014 & 2015

33

6.1b - Civil and criminal cases disposed of by District Courts, 2014 & 2015

33

Cases (civil and criminal) in the Republic of Mauritius


7.1 - Total cases lodged, disposed of and outstanding, Republic of Mauritius,
2014 & 2015
7.2 - Total criminal cases lodged, disposed of and outstanding,
Republic of Mauritius, 2014 & 2015
7.3 - Total civil cases lodged, disposed of and outstanding, Republic of Mauritius,
2014 & 2015

38
38
38

Crime Statistics
8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2015

ANNEXES
I

Supreme Court Library and Information Service

II

Glossary of terms

42

1.

THE JUDICIARY

1.1 INTRODUCTION
The Judiciary is one of the three pillars of our sovereign democratic State. By virtue of the
Constitution The Judiciary is vested with the power to administer justice in the Republic of
Mauritius. In line with the Constitution which makes provision for an independent Judiciary
based on the concept of separation of powers, the Judiciary of Mauritius is independent of the
other two organs of the State - the Executive and the Legislature.
The independence of our Judiciary, apart from being vital for the functioning of our
democratic system of government, empowers our Courts to uphold the Rule of Law and to
act as Guardians of the Fundamental Rights entrenched in our Constitution, and to ensure and
enforce good governance. The Chief Justice is the Head of the Judiciary.

1.2 VISION & MISSION STATEMENTS OF THE JUDICIARY


Vision Statement - To develop a Justice System which is recognized as a national
and international model of excellence
Mission Statement - To maintain an impartial and efficient Justice System that
upholds the Rule of Law and that provides a modern, easy and fast access to justice to
all users

1.3 STRATEGIC DIRECTION, KEY ACTIONS AND HUMAN RESOURCE


ALLOCATION
1.3.1

Strategic direction

Upgrade all District Court premises which deal with the bulk of court cases in order to
improve services to all stakeholders.
Expedite determination of court cases with the co-operation of all major stakeholders.
Reinforce special witness schemes to provide facilities to special categories of witnesses in
Court.
Develop and implement best practices in case flow management systems in order to improve
services to all users.
Promote continuous professional development for all Court personnel at the Institute for
Judicial and Legal Studies.

1.3.2

Key Actions for 2015/2016

Set up a separate Court of Appeal Section and a separate High Court Section of the Supreme
Court to improve public perception of independence and objectivity in dispensing justice and
to streamline appeal cases.
Upgrade the digital and audio recording systems at the Supreme Court.

Upgrade the infrastructure of the Supreme Court and the District Courts of Grand Port, Flacq
and Upper Plaines Wilhems.
Revamp the Court video conferencing system.
Revamp the Supreme Court Library.

1.3.3

Human Resource Allocation

The Judiciary has 703 funded positions for 2015/2016.

1.4

JUDICIAL SYSTEM

Mauritius has a single-structured judicial system consisting of two tiers - the Supreme Court
and subordinate courts. The Supreme Court is composed of various Divisions exercising
jurisdiction such as the Masters Court, the Family Division, the Commercial Division, the
Criminal Division, the Mediation Division, the Court of First Instance in civil and criminal
proceedings, the Appellate jurisdiction (to hear and determine civil & criminal appeals from
decisions of the subordinate courts), the Court of Civil Appeal and the Court of Criminal
Appeal (to hear and determine appeals from decisions of the Supreme Court sitting in the
exercise of its original jurisdiction in civil matters and in criminal matters). Subordinate
courts consist of the Intermediate Court, the Industrial Court, the District Courts, the Bail and
Remand Court and the Court of Rodrigues.

1.5 SUPREME COURT


The Supreme Court is composed of the Chief Justice, the Senior Puisne Judge and nineteen
Puisne Judges. It is a superior Court of Record and has unlimited jurisdiction to hear and
determine any civil and criminal proceedings. It has a similar original jurisdiction as the High
Court of England and is vested with the necessary powers and authority to exercise its
jurisdiction as a Court of Equity. The Supreme Court also exercises supervisory jurisdiction
over subordinate courts in order to ensure that justice is duly delivered by such courts. The
Supreme Court has the sole power to determine whether any provision of the Constitution
has been contravened, including the power to determine whether any law enacted by
Parliament is void on the ground that it contravenes the provisions of the Constitution.

1.5.1

Judicial Conduct, Judicial and Legal Service Commission (JLSC)

The JLSC established under the Constitution is chaired by the Honourable Chief Justice and
is responsible for the appointment and promotion of Judicial and Legal Officers, together
with the power to exercise disciplinary control over them.

1.5.2

Civil Jurisdiction of the Supreme Court as Court of first instance

The Supreme Court hears and determines:


i. any civil matter, although it will generally entertain and hear claims where the matter
in dispute is of a value which is more than Rs 500,000;
ii. divorce and matrimonial proceedings;
iii. petitions for insolvency, and all matters of a commercial nature;
iv. admiralty matters and
v. claims for Constitutional relief
All civil proceedings are heard and determined by a single Judge, unless otherwise provided
for under any written law, or as may be decided by the Chief Justice, having regard to the
interests at stake, or to the importance or intricacy of the questions of fact or law to be
determined.
The Supreme Court, in the exercise of its civil jurisdiction, has power and jurisdiction to hear
and determine any complaint of a disciplinary nature, brought up by any of the authorities or
bodies exercising powers of supervision over the professional conduct of law practitioners or
ministerial officers.
(a) The Family Division of the Supreme Court
The Family Division of the Supreme Court was set up administratively in January 2008. It
exercises jurisdiction in any matter under the Divorce and Judicial Separation Act or under
any other enactment which relates to alimony, maintenance, or the custody or guardianship
of minors, other than a matter which is under an enactment within the exclusive jurisdiction
of a Magistrate. Two Puisne Judges, designated by the Chief Justice, are posted in the Family
Division.
(b) The Commercial Division of the Supreme Court
The Commercial Division of the Supreme Court was set up administratively in 2009. Two
Puisne Judges designated by the Chief Justice sit in that division. It entertains, hears and
determines matters arising under the Insolvency Act 2009 and the Companies Act, disputes
relating to banking, bills of exchange, offshore business, patents and trademarks or passing
off, disputes between traders and related matters, and generally deals with anything which is
of a commercial nature.
(c) Masters Court
The Masters Court is presided by the Master and Registrar and the Deputy Master &
Registrar. It exercises the jurisdiction conferred upon it by the Code Civil Mauricien in
relation to successions and the division of immovable property, and by the Sale of
Immovable Property Act. The Masters Court also deals with and rules upon all pre-trial
issues for civil cases lodged before the Supreme Court.

(d) The Mediation Division


One Puisne Judge is currently in post at the Mediation Division.
The Chief Justice may upon the application of any party, refer a civil suit, action, cause or
matter pending before the Supreme Court to the Mediation Division.
The primary purpose of mediation is to dispose of civil suits, actions, causes or matters by
common agreement or to narrow down the issues in dispute.

1.5.3

The Criminal Division of the Supreme Court (Assizes)

The Supreme Court in the exercise of its criminal jurisdiction has the power to try any person
charged with having committed a crime or a misdemeanour.
Assizes and serious drug cases are heard on a daily basis at the Criminal Division of the
Supreme Court (Assizes). Criminal trials are either held before a Presiding Judge and a jury
consisting of 9 persons who are qualified to serve as jurors, or before a Presiding Judge
without a jury. Offences laid under the Criminal Code falling under the exclusive
jurisdiction of the Supreme Court are tried at the Criminal Division before a Presiding Judge
and a jury. 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 jurisdiction, the Supreme Court is empowered to inflict penal
servitude for life in cases of murder, or where the Court is satisfied that substantial and
compelling circumstances exist which justify the imposition of a lesser sentence, a term not
exceeding 60 years.

1.5.4

Appellate jurisdiction of the Supreme Court

The Supreme Court has full power and jurisdiction to hear and determine all appeal cases,
whether civil or criminal, from the decision of:
i. the Judge in Chambers;
ii. the Masters Court;
iii. the Intermediate Court;
iv. the Industrial Court;
v. the District Courts and
vi. a body established under any other enactment.
Appeals to the Supreme Court are heard before at least two judges, except as otherwise
provided for in any other enactment.

1.5.5

Court of Civil Appeal

The Court of Civil Appeal is a Division of the Supreme Court. It hears and determines all
appeals from the decisions of the Supreme Court sitting as the Court of first instance in civil
proceedings. It is constituted of two or three Judges, as the Chief Justice may decide. Where
the Chief Justice is absent or is for any reason unable to sit on the Court of Civil Appeal, the
Senior Puisne Judge, presides over the Court of Civil Appeal.
1.5.6

Court of Criminal Appeal

The Court of Criminal Appeal is a Division of the Supreme Court. It is constituted of three
Judges and has full power to hear and determine all appeals from the decisions of the
Supreme Court sitting as the Court of first instance in criminal proceedings. The Chief
Justice and, in his absence the Senior Puisne Judge, presides over the Court of Criminal
Appeal.

1.6 THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL


The Judicial Committee is the final court of appeal of Mauritius. An appeal shall lie from
decisions of the Court of Appeal or of the Supreme Court to the Judicial Committee as of
right in the following cases:
i. final decisions in any civil or criminal proceedings and on questions relating to the
interpretation of the Constitution;
ii. where the matter in dispute is of the value of Rs 10,000 or upwards or where the
appeal involves directly or indirectly a claim to or a question respecting property or a
right of the value of Rs 10,000 or upwards;
iii. final decisions in proceedings under section 17 of the Constitution for the
enforcement of protective provisions;
iv. with leave of the Supreme Court, where in the opinion of the Court the question
involved in the appeal is one that by reason of its great general or public importance
or otherwise ought to be submitted to the Judicial Committee.

1.7
1.7.1

SUBORDINATE COURTS
Intermediate Court

The Intermediate Court is established under the Courts Act and has islandwide civil and
criminal jurisdiction, including Rodrigues. It consists of two Presidents, two Vice-Presidents
and any such number of Magistrates of the Intermediate Court established under the Civil
Establishment Order.
(a) Civil Jurisdiction of the Intermediate Court
The Intermediate Court has jurisdiction in all civil cases where the claim 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 or more Magistrates, as may be decided by the
President.

(b) Criminal Jurisdiction


The Intermediate Court has jurisdiction to hear and determine serious criminal offences
provided under specific sections of the Criminal Code and any other offence that can be tried
by the Intermediate Court under any other enactment. It has power to inflict penal servitude
on convicted offenders for a period not exceeding fifteen years and imprisonment for a
period not exceeding ten years. However, for persistent offenders, the Intermediate Court
may increase the sentence to twenty years penal servitude. The Intermediate Court is also
empowered to inflict a higher sentence for offences under the Dangerous Drugs Act and the
Criminal Code.

1.7.2

Industrial Court

The Industrial Court consists of a President and a Vice-President. It is established under the
Industrial Court Act and has exclusive civil and criminal jurisdiction to try any matter arising
out of the Employment Rights Act, Employment and Training Act, Export Processing Zones
Act, Passenger Transport Industry (Buses) Retiring Benefits Act, Sugar Industry Retiring
Benefits Act, Workmens Compensation Act and Health & Welfare legislations.

1.7.3

District Courts

There are ten District Courts on the Island of Mauritius and one in Rodrigues. District Courts
have jurisdiction to try and determine both civil and criminal cases as provided for by law.
Each District Court is presided by a District Magistrate and any such number of District
Magistrates as may be decided by the Chief Justice.
(a) Civil Jurisdiction of the District Court
The District Court has jurisdiction in all civil cases where the claim or matter in dispute does
not exceed Rs 50,000. Conversely, District Magistrates have exclusive jurisdiction in
landlord and tenant disputes, irrespective of the amount of the claim for non-payment of rent.
(b) Jurisdiction under the Protection from Domestic Violence Act 1997
By virtue of the Protection from Domestic Violence Act 1997, Court Officers are entrusted
with the duty of receiving and processing applications for an Order from an aggrieved spouse
and from persons living under the same roof, who may be victims of domestic violence.
District Magistrates are empowered to hear and determine such applications and to issue
Protection Orders where the Court is satisfied that there is a serious risk of harm to the
applicants. District Magistrates are also empowered to receive and determine applications
for the issue of Occupation Orders and Tenancy Orders. Such orders confer upon the victims
of domestic violence the exclusive right to the use and occupation of the conjugal common
house.
(c) Small Claims Procedure
The Small Claims Procedure was introduced in 1999 to enable District Courts to adjudicate
on minor claims not exceeding Rs 25,000 in a summary and expeditious manner. Such
claims are lodged by the litigants themselves after filling in a prescribed form which is
served on the adverse parties. Both parties are convened before the Magistrate in Chambers
6

to resolve the dispute. In the event that there is no agreement between the parties, the matter
is set down for trial. It is to be noted that such cases are disposed of by conflict resolution
rather than through a trial process.
(d) Criminal Jurisdiction
District Courts have power and jurisdiction to hear and determine criminal cases punishable
by a term of imprisonment not exceeding five years and a fine not exceeding Rs 100,000.
(e) Juvenile Court
District Magistrates also exercise jurisdiction as Magistrates of the Juvenile Court. The
Juvenile Court tries young persons suspected of having committed criminal offences. The
Juvenile Court also deals with children who are beyond parental control and/or who need
care and protection.
(f) Bail and Remand Court
The Bail and Remand Court (BRC) established under Part IV of the Bail Act 1999, as
subsequently amended by Act No 34 of 2011, has exclusive jurisdiction with regard to
remand or release of persons charged with an offence or arrested on reasonable suspicion of
having committed an offence. It also operates on weekends and public holidays to safeguard
the Constitutional rights of detainees.
The BRC is presided over by a District Magistrate and is located at the New Court House in
Port Louis.
(g) Court of Rodrigues
The Court of Rodrigues is administered by a full-time Magistrate and a visiting Judge of the
Supreme Court.
A visiting Magistrate also visits other smaller islands forming part of the Republic of
Mauritius whenever required.
1.8

THE INSTITUTE FOR JUDICIAL AND LEGAL STUDIES (IJLS)

The Institute for Judicial and Legal Studies promotes:


i.

proficiency and ensures the maintenance of standards in the Judiciary, among Law
Practitioners/Legal Officers and Officers of the Court Cadre in order to enhance the
delivery of Court Services

ii.

international exchanges and co-operation with other jurisdictions in the field of


judicial and legal studies

1.9

THE RULES COMMITTEE

The Rules Committee was set up in August 2001 to advise and make recommendations to the
Chief Justice in respect of rules to be made under section 198 of the Courts Act. The Rules
Committee consists of a Judge (Chairperson of the Committee) appointed by the Chief
Justice, the Master and Registrar or his representative, a representative of the Bar Council, a
representative of the Law Society, a representative of the Attorney-Generals Office and two
other law practitioners appointed by the Chief Justice.

1.10

REFORM

e-judiciary
The Judiciary has, since April 2010, embarked on the development and implementation of an
electronic filing of cases and an electronic case management system.
The programme has materialized with the help of Investment Climate Facility for Africa
(ICF) which provided a grant of 75% of the project costs, the balance being funded by the
Government of Mauritius. Mauritius Network Services Ltd has been awarded the contract to
develop and implement the software with the assistance of its foreign partner, Crimson Logic
of Singapore.

Phase I
Phase I of the project concerns cases lodged before the Supreme Court (Commercial & Civil
cases) and before the Judge in Chambers. The launching of the first phase on a pilot basis
took place in April 2013 at the Commercial Division of the Supreme Court. The system will
be extended to other divisions of the Supreme Court (except for the Family and the Criminal
Divisions). The e-judiciary will be implemented in these Divisions and in all subordinate
courts during phase II of the Modernization of the Judiciary programme.

2. SUPREME COURT
2.1

All cases

The total number of cases lodged (excluding appeal cases) at the Supreme Court decreased by
1% to 9,091 in 2015 from 9,154 in 2014 (Table 1.1).
Similarly, the total number of cases disposed of (excluding appeal cases) at the Supreme
Court decreased by 9% to 9,381 in 2015 from 10,357 in 2014.
A physical count of the total number of outstanding cases (excluding appeal cases) showed
that 7,765 cases were not yet disposed of at the end of the year 2015, representing a fall of 4%
over the figure of 8,055 in 2014 (Table 1.1).
2.2

The Criminal Division of the Supreme Court (Assizes)

The number of criminal offences, convicted at the Criminal Division of the Supreme Court
(Assizes), declined by 13% to 34 in 2015 from 39 in 2014 with decreases in custodial
sentences for murder, sexual offences and drug offences. However, some 13 accused were
sentenced for manslaughter in 2015 compared to 8 in 2014. The number of convictions for
wounds and blows causing death without intention to kill but with premeditation went up to
7 in 2015 from 3 in 2014 (Table 1.3a).
2.3

Appellate Jurisdiction

In 2015, some 303 appeal cases (140 civil and 163 criminal) were lodged at the Supreme
Court with a decrease of 8% over the 2014 figure of 329. About 30% of the 140 civil appeals
were from lower Courts. On the contrary, most (96%) of 163 criminal appeal cases lodged
were from the lower Courts and the remaining 6 cases from the Court of Criminal Appeals.
The total number of cases disposed of at the Appellate Jurisdiction almost halved to 300 in
2015 from 555 in 2014 due to decreases of 57% in civil cases to 140 and 30% in criminal
cases to 160.
At the end of year 2015, some 542 cases (334 civil and 208 criminal) were physically
counted, up by 1% against 539 in 2014 (Table 1.4).
2.4

Family Division

The total number of divorce petitions lodged at the Family Division for the Republic of
Mauritius increased by 7% to 2,556 in 2015 from 2,384 in 2014. This was due to a rise of 8%
for Mauritius and a fall of 12% for Rodrigues (Table 1.6).
Conversely, the number of divorce petitions disposed of decreased by 7% to 2,606 in 2015
from 2,812 in 2014. About 83% of the 2,606 divorce cases disposed of resulted in divorce
pronounced. (Table 1.8).
In 2015, around 47% of the petitioners were females compared to 29% of males; 67% were
married for 14 years or less; 24% of divorces were pronounced on mutual consent from both
parties and 64% had only one or no child from the marriage (Tables 1.7 to 1.9).

A physical count of the total number of cases outstanding was 1,481 at the end of year 2015, a
drop of 3% over the 2014 figure of 1,531.
2.5

Mediation Division

The number of civil cases received at the Mediation Division of the Supreme Court dropped
by 33% to 226 in 2015 from 335 in 2014. Out of 308 cases (226 received in 2015 and 82
pending at the beginning of 2015), about 60% have been referred back to court, 26% were
where agreements between parties have been successfully recorded and 1% were purely and
simply struck out/set aside.
The number of outstanding cases at the end of 2015 fell by 52% to 39 from 82 at the same
period in 2014 (Table 1.10).

10

Table 1.1 - All cases at the Supreme Court, 2012 - 2015


Cases pending at the beginning
of the year

Cases outstanding at the end


of the year

Cases disposed of

Cases lodged

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

943

860

765

539

370

369

329

303

453

464

555

300

860

765

539

542

Civil

520

460

481

334

184

211

180

140

244

190

327

140

460

481

334

334

Criminal

423

400

284

205

186

158

149

163

209

274

228

160

400

284

205

208

Other cases

8,202

7,884

9,258

8,055

8,883

9,248

9,154 9,091

8,015

7,874 10,357

9,381

8,073

9,258

8,055

7,765

8,190

7,853

9,223

8,019

8,849

9,216

9,115 9,056

8,000

7,846 10,319

9,345

8,042

9,223

8,019

7,730

12

31

35

36

34

32

38

36

31

35

36

35

8,744 10,023

8,594

9,253

9,617

8,338 10,912

9,681

8,933 10,023

8,594

8,307

Appeal cases

11

Civil

Criminal

Total

9,145

39

35

15

9,483 9,394

8,468

28

Table 1.2 - Cases at the Criminal Division of the Supreme Court (Assizes), 2012 - 2015
Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

12

31

35

36

34

32

39

35

15

28

38

36

31

35

36

35

Trial by Jury

15

20

28

15

16

32

18

11

24

26

15

20

28

20

Trial without Jury

16

15

19

16

17

17

14

10

16

15

15

Criminal Division

Table 1.3 - Offences disposed of by type of offence at the Criminal Division of the Supreme Court (Assizes), 2012 - 2015
Offences

2013

2014

Trial by Jury

13

23

26

Murder

Manslaughter

12

13

Wounds and blows causing death without


intention to kill but with premeditation

Rape

Sodomy

Aiding & abetting in the commission of a crime

10

23

17

10

Importation of heroin

21

16

Importation of gandia

Other2

17

36

40

36

12

2012

Trial without Jury

Total
1
2

A case may comprise one or more offences


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

2015

Table 1.3a - Offences disposed of by type of offence and outcome of judgment at the
Criminal Division of the Supreme Court (Assizes), 2012 - 2015
2012

2013

2014

2015

15

36

39

34

13

36

35

32

13

14

17

Murder

Manslaugher

12

13

Rape

Sodomy

23

12

Importation of heroin

21

11

Importation of gandia

Importation of heroin

Other 2

Dismissed/Struck Out/Nolle Prosequi

Intentional homicide

17

36

40

36

Total convictions
Imprisonment
Intentional homicide

Non intentional homicide


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

Drug offences

Other

Fine
Drug offences

Murder
Drug offences
Importation of heroin
Other offences
Aiding & abetting in the commission
of a crime
Total
1

A case may comprise one or more offences

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

13

Table 1.4 - Appellate Jurisdiction at the Supreme Court, 2012 - 2015


Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

520

460

481

334

184

211

180

140

244

190

327

140

460

481

334

334

Civil appeals from


lower Courts

173

162

127

102

56

36

43

42

67

71

68

59

162

127

102

85

Appeals from
decisions of the Judge
sitting at Chambers,
Tribunals & other
authorities, etc.

237

181

218

123

68

114

56

48

124

77

151

28

181

218

123

143

Court of Civil
Appeals

110

117

136

109

60

61

81

50

53

42

108

53

117

136

109

106

423

400

284

205

186

158

149

163

209

274

228

160

400

284

205

208

395

380

270

200

184

153

146

157

199

263

216

153

380

270

200

204

28

20

14

10

11

12

20

14

943

860

765

539

370

369

329

303

453

464

555

300

860

765

539

542

Civil

14

Criminal

Criminal appeals from


lower Courts
Court of Criminal
Appeals
Total

Table 1.5 - Civil cases at the Supreme Court, 2012 - 2015


Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

258

339

797

538

1,394

1,449

1,672

1,596

1,257

991

1,931

1,720

339

797

538

414

45

35

147

112

641

507

843

735

629

395

878

736

35

147

112

111

Commercial matters

185

249

593

419

624

818

757

780

526

474

931

900

249

593

419

299

Bankruptcy petitions

28

55

57

129

124

72

81

102

122

122

84

55

57

1,051

1,389

1,515

1,488

713

690

572

589

542

564

599

482

1,312

1,515

1,488

1,595

Levy cases

480

745

819

776

389

425

351

345

321

351

394

293

668

819

776

828

Division in kind cases

571

644

696

712

324

265

221

244

221

213

205

189

644

696

712

767

2,996

1,906

2,589

2,223

3,776

3,906

3,722

3,952

3,700

3,223

4,088

4,171

2,172

2,589

2,223

2,004

2,127

1,368

1,925

1,507

2,300

2,354

2,292

2,475

2,323

1,797

2,710

2,536

1,337

1,925

1,507

1,446

Motions (alimony, child


custody, etc.)

485

271

372

441

620

621

574

609

587

520

505

715

385

372

441

335

Chambers

384

267

292

275

856

931

856

868

790

906

873

920

450

292

275

223

3,539

3,741

3,797

3,292

1,054

1,064

1,107

948

852

1,008

1,612

1,022

3,741

3,797

3,292

3,218

3,115

3,229

3,325

3,049

720

749

784

661

606

653

1,060

754

3,229

3,325

3,049

2,956

424

512

472

243

334

315

323

287

246

355

552

268

512

472

243

262

346

478

525

478

1,912

2,107

2,042

1,971

1,649

2,060

2,089

1,950

478

525

478

499

8,190

7,853

9,223

8,019

8,849

9,216

9,115

9,056

8,000

7,846 10,319

9,345

8,042

9,223

8,019

7,730

Commercial Court
Chambers

Master's Court

15

Family Division
Divorce petitions

Registry (Le Greffe)


Plaints with summons
Motions and other applications
& Reference from Chambers
Chambers (civil)
Total

16
Appellate
Criminal

Appellate Civil

Registry Criminal

Registry Civil

Chambers

Family Division

Master's Court

Commercial
Court

Number of cases
4,000

4,000

Appellate
Criminal

Appellate Civil

Registry
Criminal

Registry Civil

Chambers

Family Division

Master's Court

Commercial
Court

Number of cases

Figure 1.5a - Cases lodged at the Supreme Court, 2014 & 2015
4,500
2014

3,500
2015

3,000

2,500

2,000

1,500

1,000

500

Figure 1.5b - Cases disposed of at the Supreme Court, 2014 & 2015

4,500

2014

3,500
2015

3,000

2,500

2,000

1,500

1,000

500

Table 1.6 - Divorce cases, Republic of Mauritius, 2012 - 2015


Island of Mauritius

Island of Rodrigues

Republic of Mauritius

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

Cases pending at the beginning of


the year

2,127

1,368

1,925

1,507

52

34

34

24

2,179

1,402

1,959

1,531

Cases lodged

2,300

2,354

2,292

2,475

104

96

92

81

2,404

2,450

2,384

2,556

Cases disposed of:

2,323

1,797

2,710

2,536

86

96

102

70

2,409

1,893

2,812

2,606

1,929

1,494

2,175

2,097

74

90

87

64

2,003

1,584

2,262

2,161

391

289

522

430

11

15

402

294

537

436

Dismissed

12

11

13

11

Judicial separation

1,337

1,925

1,507

1,446

70

34

24

35

1,407

1,959

1,531

1,481

Divorce pronounced

17

Withdrawn/Struck out/Set aside

Cases outstanding at the end of the


year

Table 1.7 - Divorces/Judicial separations pronounced by number of children involved in the marriage, Republic of Mauritius,
2012 - 2015
Island of Mauritius

Island of Rodrigues

Republic of Mauritius

No. of children involved


2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

689

537

746

711

11

12

18

10

700

549

764

721

580

446

685

648

27

37

30

26

607

483

715

674

466

357

534

529

15

26

28

15

481

383

562

544

152

118

172

171

15

167

125

178

180

26

32

33

34

29

37

37

38

13

14

6 and above

1,930

1,496

2,177

2,099

74

90

87

64

2,004

1,586

2,264

2,163

Total

Table 1.8 - Divorces pronounced by petitioning parties and grounds, Republic of Mauritius, 2012 - 2015
Island of Mauritius

Island of Rodrigues

Republic of Mauritius

18

Petitioning party &


grounds

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

Husband petitioner

603

415

595

616

24

35

22

12

627

450

617

628

341

235

352

331

12

22

18

10

353

257

370

341

27

26

21

34

31

26

22

34

235

154

222

251

13

243

167

225

253

994

713

1,061

968

46

50

57

43

1,040

763

1,118

1,011

728

512

774

664

41

47

56

36

769

559

830

700

Aux torts partags

257

193

278

296

262

196

279

303

Joint petitioners
(both husband & wife)

332

366

519

513

336

371

527

522

332

366

519

513

336

371

527

522

1,929

1,494

2,175

2,097

74

90

87

64

2,003

1,584

2,262

2,161

Grounds:
Faute
Rupture de vie commune
Aux torts partags
Wife petitioner
Grounds:
Faute
Rupture de vie commune

Ground:
Mutual consent
Total

Table 1.9 - Divorces/Judicial separations pronounced by duration of marriage (years), Republic of Mauritius, 2012 - 2015
Duration of
marriage (years)

Island of Mauritius

Island of Rodrigues

Republic of Mauritius

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

Under 5

425

309

389

407

432

315

398

415

5-9

528

435

664

560

20

35

27

12

548

470

691

572

10 - 14

418

298

438

453

22

15

19

18

440

313

457

471

15 - 19

234

194

300

288

12

10

10

246

203

310

298

20 - 24

175

144

196

210

10

180

149

206

217

25 - 29

82

57

116

104

84

66

121

106

30 and above

68

59

74

77

11

74

70

81

84

1,930

1,496

2,177

2,099

74

90

87

64

2,004

1,586

2,264

2,163

Total

19

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


Republic of Mauritius, 2015
less than 10 yrs
46%
Sum of 2009
Duration of Total
10 yrs and
723
20 yrs and
319
less than 1
1018
Grand Tota
2060

10 yrs and less than 20 yrs


35%

20 yrs and above


19%

Table 1.10 - Civil cases at the Mediation Division of the Supreme Court, 2012 - 2015
2012

2013

2014

2015

Cases pending at the beginning of the year

109

209

119

82

Cases received during the year

582

393

335

226

No of cases where agreement has been recorded

171

172

120

81

43

50

19

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


be fixed

268

261

233

185

Cases outstanding at the end of the year

209

119

82

39

No of cases purely and simply struck out/set aside

20

3. INTERMEDIATE COURT
The total number of cases lodged at the Intermediate Court decreased by 5% to 3,163 in 2015
from 3,341 in 2014 resulting from drops of 8% in the number of civil cases and of 1% in the
number of criminal cases.
Similarly, a decrease of 2% was noted in the total number of cases disposed of due to a fall of
7% in civil cases and a rise of 7% in criminal cases.
The number of cases outstanding dropped by 2% to 6,305 at the end of year 2015 from 6,422
for the same period in 2014.
Table 2.1 - Civil and criminal cases at the Intermediate Court, 2012 - 2015
Civil cases

Criminal cases

Total

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

Cases
pending at the
beginning of
the year

2,502

4,264

4,273

4,212

1,385

1,733

2,140

2,210

3,887

5,997

6,413

6,422

Cases lodged

2,080

1,979

2,051

1,886

1,757

1,945

1,290

1,277

3,837

3,924

3,341

3,163

Cases disposed
of

1,827

1,970

2,112

1,970

1,409

1,538

1,220

1,310

3,236

3,508

3,332

3,280

Cases
outstanding at
the end of the
year

3,106

4,273

4,212

4,128

1,733

2,140

2,210

2,177

4,839

6,413

6,422

6,305

21

4. INDUSTRIAL COURT
The total number of cases lodged at the Industrial Court increased by 1% to 1,231 in 2015
from 1,215 in 2014. A rise of 6% was noted in civil cases against a fall of 17% in criminal
cases.
An overall decrease of 6% was registered in the number of cases disposed of with a rise of 3%
in civil cases and a drop of 30% in criminal cases.
At the end of the year 2015, a physical count of the total number of cases showed that 1,117
cases (928 civil and 189 criminal) were outstanding, a rise of 2% over the 2014 figure of
1,090.

Table 3.1 - Civil and criminal cases at the Industrial Court, 2012 - 2015
Civil cases

Criminal cases

Total

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

Cases pending
at the beginning
of the year

641

845

856

875

194

304

299

215

835

1,149

1,155

1,090

Cases lodged

922

939

952

1,013

259

244

263

218

1,181

1,183

1,215

1,231

Cases disposed
of

803

928

933

960

199

249

347

244

1,002

1,177

1,280

1,204

Cases
outstanding at
the end of the
year

845

856

875

928

304

299

215

189

1,149

1,155

1,090

1,117

22

5. BAIL & REMAND COURT


From 2014 to 2015, the number of cases lodged at the Bail and Remand Court (BRC)
increased by 6% from 3,905 to 4,148 whilst those disposed of showed a drop of 13% from
4,533 to 3,926. Compared to the end of year 2014, the number of cases outstanding at the end
of year 2015 rose by 19% to 1,384. Out of 1,754 applications received for bail hearing, 56%
were successful.
Table 4.1 - Cases at the Bail and Remand Court (BRC), 2014 & 2015
2014

2015

Cases pending at the beginning of the year

1,790

1,162

Cases lodged

3,905

4,148

Cases disposed of

4,533

3,926

Cases outstanding at the end of the year

1,162

1,384

Applications for bail hearing

2,108

1,754

Bail granted

1,113

978

6. WEEKEND COURT
The cases lodged at the Weekend Court fell by 5% to 1,319 in 2015 from 1,385 in 2014. Out
of 1,319 cases lodged in 2015, there were police objection in 68% of them and detainees have
been released on parole in the remaining 32% of cases. Some 54 cases were fixed for bail
hearing with 26% being undefended and 7% being cases where bail was not granted.
Table 5.1 - Cases at the Weekend Court (WEC), 2014 & 2015
2014

2015

1,385

1,319

475

425

910

894

Defended

28

40

Undefended

64

14

43

50

49

Cases lodged
Cases where detainees have been released on
parole
Cases where there was police objection
Total cases fixed for bail hearing:

Total number of bail (after hearing): Granted


Not granted

23

7. DISTRICT COURTS
In 2015, about 43% of civil and criminal cases were lodged in urban areas. From 2014 to
2015, an increase was noted in the number of these cases across all the courts except for falls
of 19% in Port Louis (Division I), 7% in the District Court of Moka and 3% in the District
Court of Upper Plaines Wilhems. Among the rural areas, the District Court of Flacq registered
the largest number of cases lodged at 14,633 in 2015 (Table 6.1). The number of criminal
cases lodged increased by 8% to 121,167 in 2015 from 112,291 in 2014. However, in 2015,
drops were noted at the District Courts of Moka (-7%) and Upper Plaines Wilhems (-2%)
(Table 6.2). From 2014 to 2015, an overall decrease of 12% was felt in the total number of
civil cases lodged from 7,093 to 6,209. This drop was observed across all District Courts
except for that of Black River whereby a rise of 2% was noted.
From 2014 to 2015, the total number of civil and criminal cases which were disposed of
decreased marginally to 123,755. A decrease of 12% was noted in civil cases from 7,281 to
6,400 and a negligible increase in criminal cases from 116,862 to 117,355. The largest
number of cases disposed of in 2015 was recorded at the Division III of Port Louis District
Court. In 2015, despite a negligible rise in the total number of criminal cases disposed of, falls
were felt at the District Courts of Riviere du Rempart (-17%), Flacq (-17%) and
Pamplemousses (-12%) (Table 6.2). A decrease in the number of civil cases disposed of was
noted at all District Courts except for those of Black River, Moka and Port Louis (Division I)
(Table 6.3).
The number of cases lodged under plaint with summons dropped by 18% to 2,920 in 2015
from 3,541 in 2014. Similarly, those disposed of for the same period decreased by 13% to
3,179 from 3,675 (Table 6.4).
From 2014 to 2015, the number of cases under the Small Claim Procedure lodged and those
disposed of showed respective falls of 16% to 1,041 and 10% to 1,032 (Table 6.5).
The number of cases lodged for State debts for the Island of Mauritius rose by 15% to 478 in
2015 from 416 in 2014 whilst for the same period, the cases disposed of showed a fall of 28%
to 395 in 2015 (Table 6.6).
Similarly, the number of cases lodged under the Protection from Domestic Violence Act 1997
decreased by 7% to 1,770 in 2015. More than half of them were lodged in the urban District
Courts and half of them came from the Lower Plaines Wilhems. Following in the same trend,
the number of cases disposed of also showed a fall of 6% to 1,794 in 2015 from 1,916 in 2014
(Table 6.7).
From 2014 to 2015, the total number of applications received under the Protection from
Domestic Violence Act 1997 decreased by 6% from 1,895 to 1,774 with drops for Protection
Orders from 1,855 to 1,734, for Occupation Orders from 35 to 34 and no case for revocation
in 2015. On the contrary, the applications received for tenancy increased from 4 in 2014 to 6
in 2015 (Table 6.8).
The applicants for Protection Orders among spouse/partner showed a drop of 12% to 1,387 in
2015. Some 93% of them were females (Tables 6.9 & 6.10).

24

Table 6.1 - Civil and criminal cases at the District Courts, 2012 - 2015
Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

869

843

737

764

1,628

1,264

1,279

1,031

1,651

1,473

1,252

1,270

843

634

764

525

3,802

3,538

2,778

2,805

9,250

12,583

9,567

10,627

7,720

13,343

9,540

10,214

3,538

2,778

2,805

3,218

678

1,078

4,682

3,273

11,787

13,398

16,112

16,979

9,429

9,794

17,521

17,604

1,078

4,682

3,273

2,648

Pamplemousses1

2,878

2,641

3,083

2,569

12,741

18,567

12,674

12,760

12,688

18,120

13,545

11,896

2,641

3,088

2,212

3,433

Riviere du Rempart

3,553

5,490

4,131

3,160

12,360

11,785

11,473

11,991

11,654

14,762

12,444

10,338

5,490

2,513

3,160

4,813

Flacq

3,474

5,254

6,055

4,925

13,862

14,236

14,568

14,633

10,826

14,189

15,698

13,119

5,254

5,301

4,925

6,439

Moka

1,512

2,664

2,203

3,278

8,635

8,773

8,553

7,915

7,483

9,234

7,478

8,571

2,664

2,203

3,278

2,622

Lower Plaines Wilhems

1,856

2,414

3,326

1,886

14,916

15,171

10,744

14,122

14,317

14,259

12,184

13,071

2,414

3,326

1,886

2,937

Upper Plaines Wilhems

2,266

4,182

3,101

3,778

16,259

13,128

12,164

11,788

13,683

14,209

11,487

12,621

4,182

3,101

3,778

2,945

Grand Port

1,677

1,362

1,127

1,501

9,083

7,780

6,593

7,618

9,398

8,015

6,219

7,232

1,362

1,127

1,501

1,887

Savanne

1,617

1,837

2,210

1,302

7,242

6,508

5,647

5,954

6,849

6,135

6,555

6,582

1,837

2,210

1,302

674

Black River 1

981

1,331

1,480

1,169

5,463

5,336

5,147

6,451

5,151

5,187

5,562

6,152

1,331

1,480

1,065

1,468

Rodrigues

306

572

305

510

5,244

3,941

4,863

5,507

4,897

4,208

4,658

5,085

653

305

510

932

Island of Mauritius

25,163 32,634

34,913

30,410 123,226 128,529

114,521 121,869 110,849 128,720 119,485 118,670

32,634

32,443

29,949

33,609

Republic of Mauritius

25,469 33,206

35,218

30,920 128,470 132,470

119,384 127,376 115,746 132,928 124,143 123,755

33,287

32,748

30,459

34,541

Port Louis Division I


Port Louis Division II
Port Louis Division III

25
1

Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015

Table 6.2 - Criminal cases at the District Courts, 2012 - 2015


Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

3,802

3,538

2,778

2,805

9,250

12,583

9,567

10,627

7,720

13,343

9,540

10,214

3,538

2,778

2,805

3,218

678

1,078

4,682

3,273

11,787

13,398

16,112

16,979

9,429

9,794

17,521

17,604

1,078

4,682

3,273

2,648

Pamplemousses 1

2,778

2,575

2,973

2,484

12,261

18,003

12,197

12,289

12,116

17,605

13,022

11,427

2,575

2,973

2,148

3,346

Riviere du Rempart

3,482

5,450

4,040

3,076

12,032

11,396

11,063

11,652

11,294

14,424

12,027

9,999

5,450

2,422

3,076

4,729

Flacq

3,336

5,133

5,948

4,781

13,361

13,693

13,945

14,040

10,301

13,632

15,112

12,594

5,133

5,194

4,781

6,227

Moka

1,394

2,600

2,142

3,198

8,324

8,501

8,230

7,639

7,118

8,959

7,174

8,262

2,600

2,142

3,198

2,575

Lower Plaines Wilhems

1,259

1,843

2,831

1,526

13,276

13,586

9,289

12,867

12,709

12,598

10,594

11,650

1,843

2,831

1,526

2,743

Upper Plaines Wilhems

1,927

2,367

2,854

3,590

13,170

11,634

10,877

10,643

12,070

11,147

10,141

11,642

2,367

2,854

3,590

2,591

Grand Port

1,419

1,280

1,001

1,402

8,515

7,270

6,137

7,231

8,654

7,549

5,736

6,839

1,280

1,001

1,402

1,794

Savanne

1,519

1,809

2,145

1,261

6,940

6,253

5,436

5,777

6,477

5,917

6,320

6,399

1,809

2,145

1,261

639

927

1,296

1,439

1,085

5,100

5,006

4,773

6,070

4,778

4,863

5,231

5,786

1,296

1,439

981

1,369

164

516

251

472

5,011

3,736

4,665

5,353

4,659

4,001

4,444

4,939

516

251

472

886

Island of Mauritius

22,521 28,969

32,833

28,481

114,016 121,323

107,626 115,814

102,666 119,831 112,418 112,416

28,969

30,461

28,041

31,879

Republic of Mauritius

22,685 29,485

33,084

28,953

119,027 125,059

112,291 121,167

107,325 123,832 116,862 117,355

29,485

30,712

28,513

32,765

Port Louis Division II


Port Louis Division III

26

Black River

Rodrigues

Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015

Table 6.3 - Civil cases1 at the District Courts, 2012 - 2015


Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

869

843

737

764

1,628

1,264

1,279

1,031

1,651

1,473

1,252

1,270

843

634

764

525

100

66

110

85

480

564

477

471

572

515

523

469

66

115

64

87

71

40

91

84

328

389

410

339

360

338

417

339

40

91

84

84

Flacq

138

121

107

144

501

543

623

593

525

557

586

525

121

107

144

212

Moka

118

64

61

80

311

272

323

276

365

275

304

309

64

61

80

47

Lower Plaines Wilhems

597

571

495

360

1,640

1,585

1,455

1,255

1,608

1,661

1,590

1,421

571

495

360

194

Upper Plaines Wilhems

339

1,815

247

188

3,089

1,494

1,287

1,145

1,613

3,062

1,346

979

1,815

247

188

354

Grand Port

258

82

126

99

568

510

456

387

744

466

483

393

82

126

99

93

Savanne

98

28

65

41

302

255

211

177

372

218

235

183

28

65

41

35

Black River

54

35

41

84

363

330

374

381

373

324

331

366

35

41

84

99

142

56

54

38

233

205

198

154

238

207

214

146

137

54

38

46

Island of Mauritius

2,642

3,665

2,080

1,929

9,210

7,206

6,895

6,055

8,183

8,889

7,067

6,254

3,665

1,982

1,908

1,730

Republic of Mauritius

2,784

3,721

2,134

1,967

9,443

7,411

7,093

6,209

8,421

9,096

7,281

6,400

3,802

2,036

1,946

1,776

Port Louis Division I


2

Pamplemousses

Riviere du Rempart

27
Rodrigues

Civil cases comprise plaint with summons, small claims, state debts and cases against the Protection from Domestic Violence Act 1997
Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015

Table 6.4 - Plaint with summons (civil) cases at the District Courts, 2012 - 2015
Cases lodged

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

1,359

918

860

724

1,410

1,179

817

941

Pamplemousses

170

289

188

269

272

259

222

265

Riviere du Rempart

157

146

168

138

166

113

175

136

Flacq

243

303

363

201

261

298

337

213

Moka

140

91

107

109

130

107

81

130

Lower Plaines Wilhems

1,023

938

716

605

1,093

988

885

653

Upper Plaines Wilhems

616

690

507

395

615

826

538

336

Grand Port

245

216

251

112

347

212

228

145

Savanne

113

143

112

48

116

124

120

71

Black River

176

178

129

210

181

166

115

189

Rodrigues

160

128

140

109

162

131

157

100

Island of Mauritius

4,242

3,912

3,401

2,811

4,591

4,272

3,518

3,079

Republic of Mauritius

4,402

4,040

3,541

2,920

4,753

4,403

3,675

3,179

Port Louis Division I

Table 6.5 - Small Claim Procedure at the District Courts, 2012 - 2015
Cases lodged

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

Port Louis Division I

107

115

148

76

96

85

153

85

Pamplemousses

102

87

138

80

87

60

141

92

Riviere du Rempart

80

68

96

81

95

54

96

88

Flacq

85

82

114

240

102

88

105

160

Moka

81

112

113

89

147

92

137

85

Lower Plaines Wilhems

126

127

193

106

111

146

107

193

Upper Plaines Wilhems

115

122

140

151

120

149

124

127

Grand Port

264

104

101

86

325

122

87

73

Savanne

172

73

77

63

239

60

90

55

Black River

99

68

118

69

113

73

100

73

Rodrigues

13

17

Island of Mauritius

1,231

958

1,238

1,041

1,435

929

1,140

1,031

Republic of Mauritius

1,244

961

1,241

1,041

1,452

932

1,142

1,032

28

Table 6.6 - State debts cases at the District Courts1, 2012 - 2015
Cases lodged
2012

2013

Cases disposed of

2014

2015

2012

2013

2014

2015

Lower Plaines Wilhems

75

49

25

Upper Plaines Wilhems

2,178

493

416

378

737

1,862

464

312

Grand Port

112

59

53

59

51

Savanne

41

32

478

738

1,964

548

395

Island of Mauritius

2,253

605

416

State debts cases not available/lodged at other District Courts

Table 6.7 - Cases under the Protection from Domestic Violence Act 1997 at the
District Courts, 2012 - 2015
Cases lodged

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

Port Louis Division I

162

231

271

231

145

209

282

244

Pamplemousses

208

188

151

122

213

196

160

112

91

175

146

120

99

171

146

115

Flacq

173

158

146

152

162

171

144

152

Moka

90

69

103

78

88

76

86

94

Lower Plaines Wilhems

416

520

546

544

403

478

573

575

Upper Plaines Wilhems

180

189

224

221

141

225

220

204

Grand Port

59

78

104

130

72

79

109

124

Savanne

17

39

22

25

17

34

25

25

Black River

88

84

127

102

79

85

116

104

Rodrigues

60

74

55

45

59

73

55

45

Island of Mauritius

1,484

1,731

1,840

1,725

1,419

1,724

1,861

1,749

Republic of Mauritius

1,544

1,805

1,895

1,770

1,478

1,797

1,916

1,794

Riviere du Rempart

29

Table 6.8 - Breakdown by type of Orders under the Protection from Domestic Violence Act 1997 at the District Courts,
2014 & 2015
Orders
Total
Protection

Occupation

Tenancy

Revocation

30

2014

2015

2014

2015

2014

2015

2014

2015

2014

2014

Applications received

1,855

1,734

35

34

1,895

1,774

Interim Orders issued

1,772

1,603

1,779

1,610

Orders issued

1,025

1,061

1,035

1,071

Applications withdrawn/set aside/struck


out/dismissed

860

700

16

19

881

723

Cases where parties have been ordered to


attend counselling sessions

61

19

..

..

..

..

..

..

61

19

Figures for applications received/orders issued are not necessarily comparable to cases lodged/disposed of (table 6.7) due to applications made for different Orders or for
more than one person in a case
.. Not applicable

Table 6.9 - Breakdown of Protection Orders under the Protection from Domestic Violence Act 1997 at the District Courts,
2014 & 2015
Other persons living under
the same roof

Spouse/partner

Total

2015

2014

2015

2014

2015

Applications received

1,581

1,387

274

347

1,855

1,734

Interim Orders issued

1,522

1,286

250

317

1,772

1,603

Orders issued

893

869

132

192

1,025

1,061

Applications withdrawn/set aside/struck


out/dismissed

751

560

109

140

860

700

Cases where parties have been ordered to


attend counselling sessions

59

19

61

19

31

2014

Table 6.10 - Breakdown by sex of Protection Orders under the Protection from Domestic Violence Act 1997 at the
District Courts, 2015
Other persons living under
the same roof

Spouse/partner

Total

Female

Total

Male

Female

Total

Male

Female

Total

Applications received

92

1,295

1,387

101

246

347

193

1,541

1,734

Interim Orders issued

71

1,215

1,286

90

227

317

161

1,442

1,603

Orders issued

43

826

869

50

142

192

93

968

1,061

Applications withdrawn/set aside/struck


out/dismissed

54

506

560

37

103

140

91

609

700

19

19

19

19

32

Male

Cases where parties have been ordered to


attend counselling sessions

Figure 6.1a - Total cases lodged, disposed of and outstanding at the


District Courts, Republic of Mauritius, 2014 & 2015
140000
2014

Number of cases

120000

2015

100000
80000
60000
40000
20000
Lodged

Disposed of

Outstanding

Figure 6.1b - Civil and criminal cases disposed of by District Courts,


2014 & 2015
19,000
2014
2015

Number of cases

16,000
13,000
10,000
7,000
4,000
1,000

33

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


The number of cases lodged in the Republic of Mauritius increased by 6% to 141,164 in 2015
from 133,423 in 2014 with a rise of 8% for criminal cases and a drop of 6% for civil cases.
Similarly, in 2015, for the Island of Rodrigues, a rise of 15% was noted in criminal cases to
5,353 whilst a fall of 22% to 154 was noted for civil cases.
Conversely, for the same period, the total number of cases disposed of decreased slightly by 1%
resulting from a drop of 10% in civil cases to 18,815 and a marginal increase to 119,105 in
criminal cases.
At the end of year 2015, a physical count of the total number of outstanding cases was 50,270
with 35,374 for criminal and 14,896 for civil cases, a rise of 8% over the 2014 figure of 46,565
(Tables 7.1 - 7.3).

34

Table 7.1 - Total cases, Republic of Mauritius, 2012 - 2015


Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

Supreme Court

9,145

8,744

10,023

8,594

9,253

9,617

9,483

9,394

8,468

8,338

10,912

9,681

8,933

10,023

8,594

8,307

Appeal cases

943

860

765

539

370

369

329

303

453

464

555

300

860

765

539

542

8,202

7,884

9,258

8,055

8,883

9,248

9,154

9,091

8,015

7,874

10,357

9,381

8,073

9,258

8,055

7,765

3,887

5,997

6,413

6,422

3,837

3,924

3,341

3,163

3,236

3,508

3,332

3,280

4,839

6,413

6,422

6,305

835

1,149

1,155

1,090

1,181

1,183

1,215

1,231

1,002

1,177

1,280

1,204

1,149

1,155

1,090

1,117

25,163 32,634

34,913

30,410

123,226 128,529 114,521

121,869

110,849 128,720 119,485

118,670

32,634

32,443

29,949

33,609

305

510

5,085

653

305

510

932

Other cases

Intermediate Court

Industrial Court

35
District Courts1
Court of Rodrigues

306

572

Island of Mauritius

39,030

48,524

52,504 46,516

137,497 143,253 128,560 135,657

123,555 141,743 135,009 132,835

47,555

50,034

46,055

49,338

Republic of Mauritius

39,336

49,096

52,809 47,026

142,741 147,194 133,423 141,164

128,452 145,951 139,667 137,920

48,208

50,339

46,565

50,270

5,244

3,941

4,863

5,507

Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015

4,897

4,208

4,658

Table 7.2 - Total criminal cases, Republic of Mauritius, 2012 - 2015


Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

Supreme Court

435

431

319

241

220

190

188

198

224

302

266

196

431

319

241

243

Appeal cases

423

400

284

205

186

158

149

163

209

274

228

160

400

284

205

208

Other cases

12

31

35

36

34

32

39

35

15

28

38

36

31

35

36

35

1,385

1,733

2,140

2,210

1,757

1,945

1,290

1,277

1,409

1,538

1,220

1,310

1,733

2,140

2,210

2,177

Industrial Court

194

304

299

215

259

244

263

218

199

249

347

244

304

299

215

189

District Courts1

22,521

28,969

32,833

28,481

114,016 121,323 107,626

115,814

102,666 119,831 112,418

112,416

28,969

30,461

28,041

31,879

164

516

251

472

4,939

516

251

472

886

Island of Mauritius

24,535

31,437

35,591

31,147

116,252 123,702 109,367 117,507

104,498 121,920 114,251 114,166

31,437

33,219

30,707

34,488

Republic of Mauritius

24,699

31,953

35,842

31,619

121,263 127,438 114,032 122,860

109,157 125,921 118,695 119,105

31,953

33,470

31,179

35,374

Intermediate Court

36

Court of Rodrigues

5,011

3,736

4,665

5,353

Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015

4,659

4,001

4,444

Table 7.3 - Total civil cases, Republic of Mauritius, 2012 - 2015


Cases pending at the beginning
of the year

Cases lodged

Cases outstanding at the end


of the year

Cases disposed of

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

2012

2013

2014

2015

Supreme Court

8,710

8,313

9,704

8,353

9,033

9,427

9,295

9,196

8,244

8,036

10,646

9,485

8,502

9,704

8,353

8,064

Appeal cases

520

460

481

334

184

211

180

140

244

190

327

140

460

481

334

334

8,190

7,853

9,223

8,019

8,849

9,216

9,115

9,056

8,000

7,846

10,319

9,345

8,042

9,223

8,019

7,730

2,502

4,264

4,273

4,212

2,080

1,979

2,051

1,886

1,827

1,970

2,112

1,970

3,106

4,273

4,212

4,128

Industrial Court

641

845

856

875

922

939

952

1,013

803

928

933

960

845

856

875

928

District Courts1

2,642

3,665

2,080

1,929

9,210

7,206

6,895

6,055

8,183

8,889

7,067

6,254

3,665

1,982

1,908

1,730

142

56

54

38

233

205

198

154

238

207

214

146

137

54

38

46

Island of Mauritius

14,495

17,087

16,913

15,369

21,245

19,551

19,193

18,150

19,057

19,823

20,758

18,669

16,118

16,815

15,348

14,850

Republic of Mauritius

14,637

17,143

16,967

15,407

21,478

19,756

19,391

18,304

19,295

20,030

20,972

18,815

16,255

16,869

15,386

14,896

Other cases

Intermediate Court

37

Court of Rodrigues

Cases pending at the beginning of year 2015 revised in light of physical count carried out at the end of the year 2015

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


Republic of Mauritius, 2014 & 2015
160,000
2014

Number of cases

140,000

2015

120,000
100,000
80,000
60,000
40,000

Lodged

Disposed of

Outstanding

140,000

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


Republic of Mauritius, 2014 & 2015
2014

Number of cases

120,000

2015

100,000
80,000
60,000
40,000
20,000

Lodged

Disposed of

Outstanding

Number of cases

Figure 7.3 - Total civil cases lodged, disposed of and outstanding,


Republic of Mauritius, 2014 & 2015
22,000
21,000
20,000
19,000
18,000
17,000
16,000
15,000
14,000

2014
2015

Lodged

Disposed of

Outstanding

38

9. CRIME STATISTICS
9.1 Summary of criminal offences disposed of
In 82% (118,007) of the 144,290 criminal offences disposed of in 2015, the defendants were
proven guilty and sentenced; while 18% of the offences were acquitted or non-adjudicated
(Figure 8.2).
The Court of Rodrigues has the highest percentage (95%) of offences proven guilty followed by
the Supreme Court (94%) and the Industrial Court (87%).
Only 3,530 (3%) of the offences proven guilty were sentenced to Custodial Orders, i.e. the
persons were detained in an institution to serve their sentences. For the majority (97%) of these
offences, the defendants were either sentenced to pay fines or to serve Community
Service/Probation Orders (Non-Custodial Orders).
Some 94% of the sentences pronounced (proven guilty) at the Supreme Court followed by 37%
at the Intermediate Court were Custodial Orders. Conversely, all the sentences pronounced at the
Industrial Court and 98% of those pronounced at the District Courts were Non-Custodial Orders.
9.2 Convicted offences
The overall convicted offences increased by 2% to 118,007 in 2015 from 115,348 in 2014
(Table 8.3). This rise is due to main increases in sexual offences (+16%), property offences
(+6%), drug offences (+4%) and road traffic contraventions (+3%).
From 2014 to 2015, the rise in convicted sexual offences was mainly due to an increase in
solicits/importunes another person for immoral purpose from 9 to 17.
Similarly, the main increase in convicted property offences was due to rises in fraud and
dishonesty (+27%) from 731 to 928 and theft (+5%) from 3,282 to 3,451.
About 76% of the criminal offences disposed of in the Republic of Mauritius in 2015 were road
traffic contraventions. In addition to the 89,917 contraventions convicted in 2015 as shown in
Table 8.3, more road traffic contraventions were paid via fixed penalty notices. These are
directly paid to cash offices and are not considered as offences lodged and disposed of at court.
However, if the contravened is not agreeable to pay the fine, then a case is lodged.

39

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


offences (broad categories), Republic of Mauritius, 2014 & 2015
Island of Mauritius

Island of Rodrigues

Republic of Mauritius

2014 2

2015

2014

2015

2014 2

2015

133

139

137

140

Intentional homicide (committed)

16

20

16

21

Intentional homicide (attempted)

Non intentional homicide

116

119

120

119

Assault and related offences

7,035

7,354

279

185

7,314

7,539

239

357

20

259

364

7,972

8,755

228

149

8,200

8,904

Fraud and dishonesty

909

1,187

19

915

1,206

Embezzlement

321

277

10

322

287

3,587

3,851

167

85

3,754

3,936

Robbery

1,258

1,391

63

20

1,321

1,411

Burglary

365

470

17

16

382

486

1,963

1,989

87

49

2,050

2,038

3,155

3,440

54

35

3,209

3,475

2,355

2,329

58

149

2,413

2,478

93,987

97,606

4,433

4,755

98,420

102,361

6,783

4,985

295

225

7,078

5,210

14,094

17,135

157

159

14,251

17,294

132,598

138,660

5,474

5,630

138,072

144,290

Homicide and related offences

Sexual offences
Property offences

Theft
Automobile theft

Other theft
Other property offences
Drug offences
Road traffic contraventions3
Other contraventions
Other offences
Total
1
2
3

An offence may involve one or more persons


Revised
Exclude figures on fixed penalty notice

40

Table 8.2 - Criminal offences1 disposed of by courts and outcome of judgment, Republic of Mauritius, 2014 & 2015
Convictions by penalty imposed
Acquitted & nonadjudicated2

RYC, CYC & other


institutions

Imprisonment

2014

2015

2014

2015

2014

2015

Supreme Court

35

32

Industrial Court

51

32

1,569

1,761

1,169

2015

40

36

393

216

447

250

1,108

1,490

984

879

921

5,107

4,775

21,103

24,488

1,893

2,307

127

82

107,525

110,291

1,830

2,061

132,478

139,229

Port Louis Div II

1,154

1,960

106

335

11

11

10,329

9,883

167

189

11,767

12,378

Port Louis Div III

3,795

3,795

107

187

11,947

12,990

150

112

16,003

17,091

588

618

194

379

19

15,241

14,135

248

291

16,278

15,442

2,588

3,063

49

133

10,231

9,676

112

216

12,983

13,089

2,137

2,923

117

239

14,199

12,455

233

262

16,692

15,884

Moka

1,306

1,626

62

115

6,989

7,761

77

102

8,443

9,606

Lower Plaines Wilhems

2,846

2,516

512

346

65

21

8,796

10,319

243

204

12,462

13,406

Upper Plaines Wilhems

1,996

2,838

91

148

9,107

9,919

163

118

11,360

13,025

812

1,433

404

108

5,529

7,438

67

86

6,817

9,067

Savanne

1,197

1,808

79

152

6,402

5,958

98

95

7,779

8,016

Black River

2,073

1,619

89

115

4,004

4,694

245

158

6,420

6,595

611

289

83

50

4,751

5,063

27

228

5,474

5,630

Island of Mauritius

22,113

25,994

3,014

3,397

125

83

104,661

106,430

2,685

2,756

132,598

138,660

Republic of Mauritius

22,724

26,283

3,097

3,447

127

83

109,412

111,493

2,712

2,984

138,072

144,290

District Courts:

41

Pamplemousses
Riviere du Rempart
Flacq

Grand Port

Rodrigues

An offence may involve one or more persons

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

Revised (data for year 2014)

2015

2014

2015

Total

2014

Intermediate Court

2014

Probation, Community
Service, Conditional &
Absolute Discharges

Fine

Figure 8.2 - Summary of criminal offences disposed of, Republic of Mauritius, 2015
Criminal offences1
disposed of
144,290
(100%)

District Courts

Supreme Court

Industrial Court

Intermediate Court

(exclude appeal cases)


36
(negligible)

250
(negligible)

4,775
(3%)

District Courts
(Island of
Mauritius)
133,599
(93%)

Court of Rodrigues
5,630
(4%)

42
Acquitted &
nonadjudicated2

Proven
guilty

Acquitted &
nonadjudicated2

Proven
guilty

Acquitted &
nonadjudicated2

Proven
guilty

Acquitted &
nonadjudicated2

2
(6%)

34
(94%)

32
(13%)

218
(87%)

1,761
(37%)

3,014
(63%)

24,199
(18%)

Acquitted &

Proven
guilty

adjudicated

109,400
(82%)

289
(5%)

non2

Proven
guilty

5,341
(95%)

Custodial
Orders3

Non Custodial
Orders

Custodial
Orders3

Non Custodial
Orders

Custodial
Orders3

Non Custodial
Orders

Custodial
Orders3

Non Custodial
Orders

Custodial
Orders3

Non Custodial
Orders

32
(94%)

2
(6%)

Nil

218
(100%)

1,109
(37%)

1,905
(63%)

2,339
(2%)

107,061
(98%)

50
(1%)

5,291
(99%)

An offence may involve one or more persons


Acquitted means dismissed and non-adjudicated means struck out & Nolle Prosequi
3
Custodial Orders comprise imprisonment and detention in Rehabilitation & Correctional Youth Centres
2

Table 8.3 - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015

Imprisonment
Offences

RYC, CYC &


other
Institutions
2

Community
Service

Probation

2014

2015

Homicide and related offences

46

41

60

32

Intentional homicide (committed)

14

17

Murder

Manslaughter

13

Abortion

Total

2014

2015

2014

2015

11

109

86

15

18

13

31

24

60

32

10

93

68

30

22

32

23

59

32

61

45

74

94

2,750

2,615

95

69

25

42

113

117

3,060

2,937

40

48

2,543

2,387

88

66

12

24

67

70

2,753

2,595

Assault causing sickness or incapacity for


personal labour for > 20 days

53

20

10

14

20

89

51

Assault against an agent of Civil Authority

15

15

138

183

13

17

168

219

13

10

16

14

22

18

10

47

59

Intentional homicide (attempted)


Attempted murder

43

Non intentional homicide


Wounds and blows causing death without
intention to kill
Involuntary homicide
Assault and related offences3
Assault causing loss of eye and limbs
Simple assaults/wounds & blows

Assault with corrosive substance


Assault with premeditation

2014

2015

Conditional &
Absolute
Discharges

2015

2014

2015

Fine

2014

2014

2015

Table 8.3 (cont'd) - Convicted offences

according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015

Imprisonment
Offences

RYC, CYC &


other Institutions
2

2015

48

Attempt upon chastity

19

Sexual intercourse with minor under 16; with


handicapped person; with specified person

11

14

Solicits/importunes another person for


immoral purpose

Sexual offences other

2014

2015

51

Rape
Sodomy

Sexual offences

2014

44

Causing child to be sexually abused;


accessing to a brothel; and engaging in
prostitution

2015

19

2014

Conditional &
Absolute
Discharges

Community
Service

Probation
2

2015

2014

2015

2014

2015

32

20

20

47

54

2014

17

12

Child Protection Act (CPA)

Fine

2014

2015

141

164

11

11

17

35

30

12

35

36

60

55

1
4

Total

17

17

13

36

23

1,545

1,926

25

33

2,014

1,921

181

164

239

366

1,350

1,272

5,354

5,682

162

310

390

325

11

14

47

104

121

174

731

928

Forgery

47

46

117

94

33

51

20

105

217

296

Swindling

47

170

33

23

12

22

12

106

217

Making use of forged document

19

16

27

29

Swearing false affidavit

12

Impersonation

Counterfeiting bank notes/ possession/


uttering of counterfeit bank notes

21

Forgery of passport/making use of forged


passport

11

Extortion

Property offences
Fraud and dishonesty

10

36

14

10

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015

Imprisonment
Offences

RYC, CYC &


other
Institutions

Fine

2015

28

40

146

Demanding money or property by threat of


false accusation

Usurping public function

22

Giving false evidence


Issuing cheque without provision

Fraud and dishonesty other

2014

2015

2014

Offences under Prevention of Corruption Act (POCA)

Community
Service

Probation

2015

2015

2014

123

11

45

2014

Total

2014

2015

10

30

36

215

220

15

12

43

25

10

11

83

89

2014

2015

Conditional &
Absolute
Discharges

2014

2015

45

Bribery by Public Official

14

14

Bribery of Public Official

Other offences under POCA

45

26

70

68

34

37

44

66

198

202

1,228

1,490

24

816

846

146

99

132

199

936

787

3,282

3,451

478

586

11

15

116

153

61

25

60

75

392

330

1,118

1,184

34

36

12

43

54

12

12

Larceny with aggravating


circumstances/violence (including
upon minors/handicapped persons,
etc.)

59

108

18

18

53

79

142

217

Larceny by two or more individuals

328

373

87

112

47

19

53

66

310

220

833

797

49

61

22

25

88

104

Embezzlement
Theft
Automobile theft
Robbery
Larceny armed with offensive weapon
Larceny with violence by night
breaking

Larceny on public road

30
-

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015

Imprisonment
Offences

RYC, CYC &


other
Institutions
2

Community
Service

Probation
2

269

11

27

48

10

18

24

67

85

343

439

Larceny by night breaking

86

113

17

26

35

132

175

Larceny (day) breaking

20

33

13

32

55

104

123

16

37

12

35

37

179

209

Other theft (excluding automobile theft)

540

635

11

672

644

75

65

54

100

477

372

1,820

1,827

Larceny by servant or any person in


receipt of wages

20

39

28

154

312

274

459

527

617

572

34

41

34

75

222

195

1,367

1,417

61

69

27

31

43

23

141

136

110

100

738

682

19

46

26

26

249

245

1,143

1,101

Damages to property

20

466

10

Receiving and possession of stolen


property

90

93

254

215

14

36

22

21

Larceny scaling

46

Other simple larcenies


Attempt at larceny
Other property offences

Arson

483

41

36

17

2014

16

2015

23

2014

212

16
223
10

2015

210

Burglary

2014

2015

Total

2015

2014

2015

Conditional &
Absolute
Discharges

2014

2014

2015

Fine

39
201
5

2014

528
604
11

2015

520
568
13

Table 8.3 (cont'd) - Convicted offences1 according to United Nations classification of offences, Republic of Mauritius, 2014 & 2015
Imprisonment
Offences

RYC, CYC &


other
institutions
2

2015

194

193

2,041

2,131

96

148

87,522

16

1,083

981

99

Environment Protection Act

Food Act & Public Health Act

Local Government Act

Drug offences
Road traffic contraventions4
Other contraventions
Other offences

Community
Service

Probation

2014

Total
2

2014

2015

2014

2015

21

20

15

2,264

2,363

89,652

91

98

17

13

87,726

89,917

5,500

3,453

74

12

13

5,531

3,563

47

9,506

11,657

32

35

102

74

341

501

11,163

13,295

601

774

602

775

681

1,511

681

1,511

853

1,398

10

866

1,401

44

39

250

291

15

20

316

355

3,097

3,447

127

83

109,412 111,493

322

358

488

639

1,902

1,987

2014

2015

Conditional &
Absolute
Discharges

2015

2014

2015

Fine

2014

2014

2015

of which offences under:

47
Protection from Domestic Violence Act
Total
1

An offence may involve one or more persons

Revised

3'

Assault causing effusion of blood' reclassified under 'assault against an agent of Civil Authority'

Exclude figures on fixed penalty notice

*Not collected separately

115,348 118,007

Table 8.4 - Convicted offences1 by court and according to United Nations classification of offences (broad categories),
Republic of Mauritius, 2015
Offences

Port Louis
Div II Div III

Homicide and related


offences 4
Intentional homicide
(committed)

Pamplemousses

Riv. du
Rempart

Flacq

Grand
Port

Savanne

RoseHill

Curepipe

Moka

Black IntermeRiver
diate

SC2

IC3

Rodrigues

All
Courts

47

24

86

17

18

Non intentional homicide

47

68

Assault and related offences

291

177

377

368

387

194

275

251

238

149

130

28

72

2,937

10

112

164

379

379

686

364

372

260

198

546

378

182

272

1,542

124

5,682

40

51

57

37

35

15

32

58

15

14

552

17

928

22

17

23

13

71

202

262

243

447

218

237

186

126

405

238

120

192

699

78

3,451

Robbery

84

92

158

74

75

47

37

104

71

24

65

336

17

1,184

Burglary

23

14

70

22

23

27

53

22

13

28

122

15

439

155

137

219

122

138

112

82

248

145

83

99

241

46

1,827

71

76

160

92

92

52

58

86

69

43

60

220

22

1,101

496

137

144

51

62

135

51

224

235

49

105

516

10

148

2,363

7,464 10,420

12,757

8,266

9,296

6,346

4,694

8,046

7,353

6,706

3,854

55

4,660

89,917

Sexual offences
Property offences
Fraud and dishonesty
Embezzlement

48

Theft
Automobile theft

Other theft
Other property offences
Drug offences
Road traffic contraventions 5
Other contraventions
Other offences
Total

221

218

90

280

1,011

160

415

367

166

248

183

197

3,563

1,560

1,961

768

691

1,827

533

568

1,446

1,811

644

427

707

218

134

13,295

10,418 13,296

14,824

10,026 12,961

7,634

6,208 10,890

10,187

7,980

4,976

3,014

34

218

5,341

118,007

An offence may involve one or more persons

SC stands for Supreme Court

No case for intentional homicide (attempted) in 2015

Exclude figures on fixed penalty notice

IC stands for Industrial Court

Table 8.5 - Drug offences convicted by type, Republic of Mauritius, 2012 - 2015
1

2015

401

303

486

11

27

15

12

40

15

270

256

207

407

Consumption

106

29

50

Other

12

Gandia

510

778

1,004

1,129

Importation

22

Cultivation

14

78

91

129

25

87

492

567

678

656

Consumption

131

182

187

Other

21

48

1,600

1,243

957

748

22

33

17

267

114

Possession (drugs & articles)

728

654

414

452

Consumption

410

178

121

68

Other

428

372

148

108

2,394

2,422

2,264

2,363

Drug offences
Heroin
Importation

2012

2013

284

Dealing
Possession (heroin & articles)

Dealing
Possession (gandia & articles)

Other drugs
Importation
Dealing

Total
1

Revised

*Not collected separately

49

2014

10. THE LEGAL AID UNIT


During the year 2015, for the Republic of Mauritius, some 3,184 applications for legal assistance
were received, of which 3,132 were for civil cases. The number of legal aid recipients at the
Supreme Court decreased by nearly 24% to 1,890 in 2015 from 2,472 in 2014. There were 1,715
recipients in 2015 with respect to matrimonial cases, 123 for other civil suits and 52 for criminal
cases (Table 9.1).
Nearly Rs 1,2 Million were spent for the year 2015 with respect to legal aid in the Republic of
Mauritius compared to the 2014 figure of Rs 1,1 Million.

11. REVENUE AND EXPENDITURE OF THE JUDICIARY


For the first semester of 2015, the revenue collected (at the various courts of the Island of
Mauritius and Island of Rodrigues) stood at around Rs 116 Million (provisional) (Table 10.1).
For the same period, the expenditure of the Judiciary for the Republic of Mauritius was estimated
at around Rs 246 Million (provisional) with 96% for actual recurrent expenditure (Rs 235
Million) and the rest (4%) for capital expenditure (Rs 11 Million).

50

Table 9.1 - Legal aid assistance - applications received, services granted and amount paid Republic of Mauritius, 2012 - 2015
2012

2013

2014

2015

4,788

6,317

3,498

3,132

4,707

6,024

3,175

2,985

1,985

2,279

2,430

1,838

1,879

2,140

2,272

1,715

21

19

42

52

985,995

1,589,687

1,144,375

1,179,968

Civil
Received
of which matrimonial
Granted
of which matrimonial
Criminal1
Received & granted
Amount paid (Rupees)

Table 10.1 - Revenue collected from courts, Republic of Mauritius,


2012 - 2014 & January to June 2015
2012

2013

2014

January to June
2015

Fines

255,553,758

277,466,327

294,655,628

93,039,442

Other2

53,630,312

50,357,032

46,167,681

23,008,493

Total

309,184,070

327,823,359

340,823,309

116,047,935

Table 10.2 - Expenditure of the Judiciary, Republic of Mauritius, 2012 - 2014 &
January to June 2015
2012
Capital1

2013

2014

January to June
2015

1,007,046

30,719,139

26,897,557

10,982,033

Recurrent

345,068,522

424,662,702

459,169,282

234,519,674

Total

346,075,568

455,381,841

486,066,839

245,501,707

Source: The Judiciary & Central Administration, Rodrigues (Finance Unit) and Court of Rodrigues
1

Refers to Island of Mauritius

Other includes court, ushers and other miscellaneous fees

51

Table 11.1 - Staff of the Judiciary, Republic of Mauritius, 2014 & 2015
2014

2015

Job title
Male

Female

Total

Male

Female

Total

Chief Justice

Senior Puisne Judge

11

19

18

Judge in Bankruptcy & Master and Registrar

Deputy Master and Registrar & Judge in Bankruptcy

President, Intermediate Court (Civil & Criminal sides)

President, Industrial Court

1
Vice President, Intermediate and Industrial Courts

Magistrate Intermediate Court

10

Senior District Magistrate

15

16

12

12

District Magistrate

15

11

20

Judicial Research Officer

Secretary to Chief Justice

Chief Registrar1

Deputy Chief Registrar2

Senior Registrar/Regional Court Administrator

Adviser3

Chief Court Officer/Court Manager

21

21

22

22

Principal Court Officer

26

26

30

30

Senior Court Officer

37

37

74

35

38

73

Court Officer and Trainee Court Officer

22

79

101

17

71

88

Chief/Principal Court Usher

10

10

10

10

Senior Court Usher/Court Usher

49

55

61

69

Senior Law Librarian/Law Librarian

Senior Law Library Officer

Law Library Officer/Assistant

Senior Transcriber

Transcriber

Other Supporting Staff

100

113

213

107

116

223

Total

306

300

606

321

300

621

Puisne Judge

Includes acting appointment in 2014

New post as from 2015

On contract

52

Table 11.2 - Court rooms by type of court, Republic of Mauritius,


2012 - 2015
2012

2013

2014

2015

10

10

10

11

Family Court

Commercial Court

Intermediate Court

11

11

10

11

Industrial Court

Bail & Remand Court

District Courts
(Island of Mauritius)

23

24

23

28

52

53

51

58

Court
Supreme Court1

Court of Rodrigues
Total

Only 9 of the 10 court rooms of the Supeme Court operational from 2012 to 2014

Table 11.3 - Private legal practitioners (practicing Barristers, Attorneys and Notaries),
Republic of Mauritius, 2012 - 2015

Practicing Barristers

2012

2013

2014

2015

Male Female Total

Male Female Total

Male Female Total

Male Female

Total

364

189

553

392

182

574

410

216

626

428

229

657

18

18

18

18

16

16

16

16

101

55

156

100

62

162

97

62

159

98

64

162

18

19

17

19

17

19

17

19

44

19

63

44

20

64

43

23

66

44

23

67

of whom
Queen's Counsel
Senior Counsel
Practicing Attorneys
of whom
Senior Attorneys
Practicing Notaries

53

Annex I
SUPREME COURT LIBRARY AND INFORMATION SERVICE
This report and the following are available at http://supremecourt.govmu.org:
1. The Laws of Mauritius
2. Judgments of the Supreme Court and the Privy Council
3. Judgments of the Masters Court
4. Judgments of the District Courts
5. Judgments of the Industrial Court
6. Judgments reported in the Mauritius Reports as from 1861
7. Acts, regulations and proclamations
8. Students theses
9. Directory of the legal professionals
10. News of the Judiciary
11. Weekly cause lists of all courts
12. Links to law websites
13. Examination papers - Barristers/Attorneys/Notaries

FOR MORE INFORMATION CONTACT:


Ms. C. Bandinah (Statistician)
Ms. R. B. Dulloo (Senior Statistical Officer)
Statistics Unit, The Judiciary
Tel: 213-3055
Emails: cbandinah@govmu.org
: rdulloo@govmu.org
: sm-cjs@govmu.org

Annex II
GLOSSARY OF TERMS
1.

Absolute discharge is complete and unconditional release.

2.

Acquitted is defined as a determination by the Court that a defendant is not guilty of the
charge(s) on the grounds that the charge has not been proven and/or due to lack of
evidence or no evidence given by the prosecution.

3.

Adjudicated is defined as the outcomes of the judgment or decision by the Court as to


whether or not the defendant is guilty of the charge(s) laid against him. These outcomes
include: acquitted (dismissed), guilty finding and guilty plea.

4.

Assault is physical attack against the body of another person.

5.

Burglary is the unlawful entry into someone elses premises with the intention to
commit a theft.

6.

Case is one or more defendants against whom one or more charge(s) have been laid and
which are heard together by a Court as one unit of work. The charge(s) usually relate to
the same criminal incident.

7.

Community Service Order is a sentence requiring an offender to perform unpaid


Community work.

8.

Conditional discharge is a sentence whereby an offender is released under certain


conditions, e.g. regular reporting to police stations for a specified period of time.

9.

Contraventions (least serious offences) are defined as offences that are punishable by:
a) imprisonment for a term not exceeding 10 days;
b) fine not exceeding 5,000 rupees.

10. Criminal case is a case dealing with an offender indicted for an offence as defined by
the law.
11. Custodial Orders are sentences imposed on a defendant that require detention, e.g.
correctional or rehabilitation institutions, etc.
12. Drug offences are as spelt out under the Dangerous Drug Act 2000. They relate mainly
to drugs like gandia, heroin, hashish, opium, cocaine and other psychotropic substances.
13. Embezzlement is defined as the wrongful appropriation of another persons property
that is already in the possession of the person doing the appropriating.
14. Fraud is defined as the acquisition of another persons property by deception.
15. Intentional homicide is defined as death deliberately inflicted on a person by another
person, including infanticide and abortion.

16. Interim Protection Order is an order that is issued when the victim spouse or child or
any other person living under the same roof, requires urgent protection from the
perpetrator.
17. Jurisdiction is defined as the legal power or authority which may be exercised by a
particular court level and within which the judgments or orders of the court can be
enforced or executed. Each court level has its own defined jurisdictional limits.
18. Juvenile is defined as a person aged from 12 to 17 years inclusive.
19. Non-adjudicated is the formal withdrawal of charge(s) by the Prosecution (e.g. police,
Director of Public Prosecutions or Attorney-General) or by the courts; it includes Nolle
Prosequi and struck out.
20. Non-Custodial Orders are sentences imposed on a defendant that do not require
custody and include e.g. Community Service Orders, Probation Orders, Conditional or
Absolute Discharge Orders, licence disqualification/suspension, etc.
21. Occupation Order is an order that grants the victim the exclusive right to live in the
residence belonging to him, to the perpetrator or to both of them. It may last for a period
not exceeding 24 months.
22. Probation Order is a sentence whereby an offender is placed under the supervision of a
probation officer for a period not less than one nor more than three years.
23. Property offence includes theft, fraud, embezzlement, damage to property and illegal
possession of property and stolen goods.
24. Protection Order is an order which prevents the spouse from engaging in any further
act of violence; orders him/her to be of good behaviour and lasts for a period not
exceeding 24 months.
25. Proven guilty is defined as an outcome of criminal proceedings in which a court accepts
that a charge is proven through a guilty plea entered by a defendant or the defendant is
found guilty by the court. In the Magistrates' and Children's Courts, this includes
defendants found guilty.
26. Revocation Order is when either party (victim or perpetrator) may apply to the court
for a revocation of a Protection Order which is already in force.
27. Robbery is the theft of property from a person, overcoming resistance by force or threat
of force.
28. Sexual offence is defined as sexual intercourse or assault without valid consent.
29. Tenancy Order is an order which gives the victim the exclusive use of the house which
one or both partners are renting. Before issuing a Tenancy Order the Magistrate has to
hear the partners, the witnesses, the landlord and all those who have an interest in the
house.
30. Theft is defined as the removal of property without the property owners consent.

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