“Once sweeping changes are made, the judiciary and the legal profession will have to toe the line”
Revitalizing the Justice System
Qs& As
* ‘The previous government’s rationale for SIM card re-registration provoked widespread concerns of potential privacy violations’
By Lex
In the wake of recent challenges to the rule of law and institutional independence, the current government has embarked on a series of sweeping reforms aimed at revitalizing the justice system and enhancing governance. Attorney General Gavin Glover’s assertion in the National Assembly, last Friday, that ‘consensus is by far preferable, it is not a requirement’ underscores the government’s determination to enact change, even in the face of potential resistance, particularly from the judiciary. This raises the critical question: how will the government ensure the judiciary aligns with its mandate? This context sets the stage for a deeper exploration of the proposed reforms, including the restructuring of crime agencies, the establishment of a new Court of Appeal, constitutional reviews, police reforms, and measures to enhance transparency, protect privacy, and expand legal aid. Lex responds to our questions that delve into the effectiveness, potential pitfalls, and broader implications of these initiatives.
* How effective do you believe the government’s measures to restore the rule of law and institutional independence will be, considering the challenges faced in recent years?
The true measure of effectiveness will depend not only on the nature and scope of the reforms but also on how they are implemented. Thoughtfully designed reforms, when executed with transparency, efficiency, and accountability, can bring about meaningful and lasting change. However, their success will ultimately be assessed based on their impact on governance, societal well-being, and the overall progress of the nation.
* In your view, what advantages and potential pitfalls exist with replacing the Financial Crimes Commission with a new National Crime Agency, and how might this impact the fight against financial crime?
In the absence of any details, it is difficult to surmise. No doubt the philosophy behind the present legoslatio0n will be included in the new legislation. As for the rest we have to wait.
In the absence of specific details, it is difficult to make a definitive assessment. However, it is likely that the core principles and objectives of the current legislation will be incorporated into the new framework. The effectiveness of the National Crime Agency will ultimately depend on its structure, mandate, and operational independence. But until further details emerge, we can only speculate on the extent of its impact.
* What are your thoughts on establishing a distinct Court of Appeal that includes internationally recognized foreign judges alongside local experts? How might this move affect public confidence in the judiciary and its perceivedimpartiality?
A Court of Appeal will ease the pressure on the Supreme Court. Currently, the same judges who preside over trials also handle appeals, which leads to delays. It would be beneficial to have foreign judges serving alongside retired local judges with extensive legal experience. The inclusion of one or two current judges would also be an asset.
* Do you think the proposed constitutional review and the formation of a Constitutional Review Commission will adequately address issues of democratic erosion and modernize our legal framework to reflect contemporary values and rights?
Without clearly defined terms of reference, it is challenging to say definitively whether the proposed constitutional review and the formation of a Constitutional Review Commission will fully address issues of democratic erosion or modernize our legal framework to reflect contemporary values and rights. It is reasonable to expect that the commission will be tasked with reviewing current provisions and recommending reforms that align with today’s standards.
* How do you assess the proposed Police and Criminal Evidence Bill and related reforms in policing? What challenges do you foresee in balancing law enforcementefficiency with accountability and citizens’
If the Police Act is passed as presented in the initial draft, it may significantly reduce arbitrary arrests and police abuse. The proposed legislation aims to strengthen citizen rights and provide clearer definitions and regulations for police powers.
* Considering the proposed reforms for institutions like the Mauritius Broadcasting Corporation, the Gambling Regulatory Authority, and public procurement, what impactmight these measures have on enhancing transparency and accountability in governance?
The reforms will definitely have an impact of good governance and transparency. Again, all depends on who will head these institutions and whether they will be competent, and honest and bold enough to act independently.
* From your legal perspective, will the review and potential expansion of legal aid services be sufficient to address the current barriers to accessing justice for marginalized communities?
Equality of arms, a fundamental legal principle, ensures that all parties—whether accused and prosecution in criminal cases, or litigants in civil cases—have equal means and opportunities to present their case. Currently, indigent litigants and accused persons are disadvantaged. To address this, substantial reforms to legal aid access are essential
* How do you evaluate the government’s recent steps to protect privacy — such as withdrawing SIM card registration regulations — and what further legal reforms would you recommend to safeguard citizens’ privacy in an era of increasing digital surveillance?
The removal of the SIM card re-registration requirement is a positive step. The previous government’s rationale for SIM card re-registration provoked widespread concerns of potential privacy violations
* How do you perceive the dual role of the Attorney General as both the chief legal adviser to the government and a guardian of the rule of law, especially in light ofthese sweeping reforms?
The Attorney General serves as the government’s principal legal advisor, leading a team of experts in legislative drafting, law reform, and providing legal counsel. Potential conflicts of interest are mitigated when the Attorney General maintains independence and acts as an objective legal expert, rather than as a mere instrument of the government.
* Perhaps the most important point made by Attorney General Gavin Glover is: ‘Thisdemocratically elected Government has a mandate for sweeping change, which necessarily includes our justice system. (…)The resolve of the government must be matched by the willingness of the judiciary to follow suit.’ This appears to be a clear indication of earlier resistance to change from the judiciary. The question is, how will or must the current government ensure the judiciary aligns with its mandate for change?
Once the sweeping changes are made — for example, if a deadline by which a judgment must be rendered—the judiciary will have no choice. The judiciary and the legal profession will have to toe the line.
Mauritius Times ePaper Friday 7 March 2025
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