In addition, unlike the British system, eight assembly seats are
apportioned to the "best losers" among the nonelected
candidates, according to their ethnoreligious affiliation--two
each for Hindus, Muslims, Chinese, and the general population.
An attempt must be made to distribute these seats proportionally
to the major political parties, which are expressly referred to
in the constitution. The sixty seats from the constituencies,
together with the eight best-loser seats and the two seats representing
Rodrigues, constitute the seventymember parliament or National
Assembly. Parliament may remain in office for a maximum of five
years, unless it is dissolved by a vote of no-confidence or an
act of the prime minister. A constitutional amendment, however,
provided that the first assembly reckon its term from 1971, a
de facto term of eight years. The assembly is responsible for
all legislation and appropriations and may amend the constitution
by either a twothirds or three-quarters majority, depending on
the part of the constitution in question. A largely titular governor
general presided over parliament in the name of the British monarch
from independence in 1968 until March 12, 1992, when Mauritius
declared itself a republic. Since then a president, appointed
by the prime minister and ratified by the parliament, has assumed
the role of the governor general.
The
constitution also provides for three important commissions--the
Judicial and Legal Service Commission, the Public Services Commission,
and the Police Service Commission--as well as an ombudsman. The
commissions oversee the appointment of government officials; the
ombudsman investigates official misconduct.
The
country's legal system is based on the Napoleonic Code and English
common law. The Supreme Court heads the judicial system and has
the power to interpret the constitution and to judge the constitutionality
of legislation brought to its attention. Appointed by the prime
minister and president, the chief justice helps select five other
judges on the court. The Supreme Court also serves as the Court
of Criminal Appeal and the Court of Civil Appeal. Mauritius continues
to refer legal and constitutional matters of undeterminable jurisdiction
to Britain's Privy Council. Lower courts having original jurisdiction
over various kinds of cases include the Intermediate Court, the
Industrial Court, and ten district courts.
The
constitution does not specify the form of local government. Port
Louis has a city council, whereas the four townships--Beau Bassin-Rose
Hill, Curepipe, Quatre Bornes, and Vacoas-Phoenix--each has a
municipal council. There are district councils for Pamplemousses-Rivière
du Rempart, Moka-Flacq, and Grand Port-Savanne; 124 village councils;
and five parish councils on Rodrigues. All councils are elected
bodies, but the cabinet occasionally--over much opposition--has
suspended municipal elections because of political unrest. In
the August 30, 1992, village elections, villages each elected
twelve village councillors, who then are grouped into four district
councils. In seven of the 124 villages, the candidates were unopposed.
In the remaining villages, 3,577 persons ran for 1,404 seats.
The election turnout represented 68 percent of eligible voters.
Local governments depend on the central government for more than
70 percent of their revenues, and only the municipal councils
have the power to levy their own taxes.
Mauritius
Government and Politics
