An Agenda for Meaningful Change

Editorial

It is not yet known when the details of the electoral programmes of the mainstream parties ahead of the next elections will be publicized. These are tools both for informing the electorate and guiding the political agenda, and in light of significant aberrations observed in various sectors of public life and governance of the country over the past five or more years, the Labour Party-MMM-ND alliance’s programme will be particularly important and indicative of what could be expected in terms of meaningful change should the Opposition win the elections.

Addressing these issues and preventing their recurrence will require a thorough and comprehensive review of the system to close loopholes and curb abuses. reaching agreement on ensuring a level playing field in the economic sector and reducing the market power of monopolies may be more challenging than achieving broad consensus on governance and law and order issues, which should be relatively straightforward. But for that to take happen, it would be necessary to review whether the guiding principles that went into the drafting of our Constitution are still valid or whether they need to be updated to reflect modern trends specially in the area of protection of fundamental rights.

There have been many articles in this paper, and initiatives taken by concerned opinion makers and jurists who have an interest in bettering and extending the scope of our present Constitution calling for a full-fledged review of our Constitution in light of what has been happening in recent years, and which, if left unchecked, could lead to the fragilisation of our constitutional democracy, the rule of law and good governance.

There is no argument about the fact that the harmony, relative peace and progress that Mauritius has known during the past decades are in a large measure due to the fundamental guiding principles enshrined in our Constitution and the adherence by the different stakeholders to the values and respect for such principles as regards the rule of law and other constitutional protections. In support of these principles, the Constitution of Mauritius does provide for some form of protection to those officials operating in specific areas of public life and administration – law and order, justice, etc — with a view to empowering them to exercise their powers in the public interest, without fear or favour. Instances where these powers seem to be usurped by the Executive – such as a sitting Minister publicly threatening a politician and getting away with it -, or where those who are allowed to use them fail to do so for fear of reprisal by the Executive, are examples that call for serious consideration and redress or even reform with a view to perfecting our democracy. 

There is no argument about the fact that the harmony, relative peace and progress that Mauritius has known during the past decades are in a large measure due to the fundamental guiding principles enshrined in our Constitution and the adherence by the different stakeholders to the values and respect for such principles as regards the rule of law and other constitutional protections. In support of these principles, the Constitution of Mauritius does provide for some form of protection to those officials operating in specific areas of public life and administration – law and order, justice, etc — with a view to empowering them to exercise their powers in the public interest, without fear or favour. Instances where these powers seem to be usurped by the Executive – such as a sitting Minister publicly threatening a politician and getting away with it -, or where those who are allowed to use them fail to do so for fear of reprisal by the Executive, are examples that call for serious consideration and redress or even reform with a view to perfecting our democracy.

Another area that calls for review and potential reform is the conduct and organization of elections. The organization of elections involves several key aspects: the proper compilation and updating of electoral registers, supervision of polling by the Electoral Supervisory Commission, the hearing of election petitions by the Supreme Court, and the earliest resolution of complaints that arise before and during polling. All these aspects will need to be revisited. It does not make sense that unreturned candidates should have to wait for three or four years for their petitions to be determined when the next elections are almost round the corner. Moreover, the recourse to processes and equipment (for example, the notorious computer rooms set up at Counting Centre during the last elections) without prior and due consultations with all stakeholders should be banned at all costs.

Combating corruption is another aspect where the concerned institutions have failed miserably. We have also witnessed during the past recent years a number of outrageous aberrations happening in the procurement processes of government agencies because of arbitrary discretion exerted by those who are in a position to take or influence decisions. In most cases where questionable dealings are suspected, there are two common factors: a compliant bureaucracy and the absence of transparency. It is unfortunate that the anti-corruption agency, ICAC, is widely perceived as having failed to fulfill its mandate in many cases involving individuals in positions of power.

Scandals usually come to the surface following whistleblower tip-offs – which in the case of the St Louis Redevelopment project led to the investigation by Burmeister & Wain Scandinavian Contractor (BWSC) into allegations of misconduct and effective public sanctions. Potential scandals would otherwise be swept under the carpet. For a long time, we have been promised a Freedom of Information Act, which could serve as a crucial deterrent against abuse. We hope that this will be included in the Opposition alliance’s redress agenda.

On the other hand, in its present form and content it does not appear that the Constitution provides the possibility and the right to any concerned citizen – unless the latter can demonstrate his locus standi in the matter – to question the application of the law, or unjust administrative action. There is a case here for the establishment of a specialised Constitutional Bench so that any concerned citizen and, a fortiori, legal minds and scholars, can seek constitutional redress in a wider range of cases than the present relatively restrictive rules would allow them to do.

There are undoubtedly many other areas that call for meaningful reform, and civil society, along with public-spirited jurists, can contribute valuable insights to facilitate this change amidst ongoing issues in governance and public administration. The challenges ahead are substantial, but with a concerted effort to update and refine our guiding principles, there is a genuine opportunity to strengthen the stability, fairness, and integrity of our constitutional democracy. The involvement of all stakeholders in this process will be crucial in shaping a future that reflects the values and aspirations of the Mauritian people.

Mauritius Times ePaper Friday 13 September 2024