Name: Saania Ahmud
BSc Accounting (minor) Finance
Introduction to Corporate and Business Law
Tutorial 2 Questions
Unit 1 – Branches of Law/Hierarchy of Courts
1) The Mauritian Legal System distinguishes clearly between Private law and Public law.
Examine the difference between Private and Public Law.
[20 marks]
Law can be broadly defined as a system of rules which a particular country or community recognizes as
regulating the actions of its members and which it may enforce by the imposition of penalties. Mauritius
has inherited of a hybrid legal system, which is a product of its colonial history, whereby both the French
civil law as well as the British common law are applied. Withing this hybrid framework, a key distinction
is made between private law and public law. This contrast is important because it determines whether the
law governs relationships between private individuals or regulates the relationship between the state and
its citizens.
Private law deals with any circumstances relating to relationships between individuals, companies, or
organizations. Its objective is to safeguard personal rights, enforce obligations, and provide remedies when
rights are violated. It can be subcategorised into civil, commercial and labour law. In Mauritius, private
law comes mainly from the French Code Napoléon, which remains the foundation of civil and commercial
law. Examples include contract disputes between businesses, family law matters such as divorce, or issues
of succession when someone dies. Commercial law, another branch of private law, governs company law,
partnerships, and bankruptcy. Labour law, which regulates employment contracts and workers’ rights, also
falls under private law. For instance, an employee suing an employer for unpaid wages under the Workers’
Rights Act is treated as a private law matter.
Public law, on the other hand, deals with the relationship and affairs between the government and
individuals. It focuses on protecting the public interest. In Mauritius, public law has been strongly
influenced by English common law. It can further be divided into constitutional law, administrative law,
and criminal law. The Constitution of Mauritius (1968) sets out the separation of powers and protects
fundamental rights, such as in cases where citizens bring constitutional challenges before the Supreme
Court. Administrative law ensures that public authorities act within their powers. For instance, judicial
review may be sought if a public body makes an unlawful decision about a building permit. Criminal law
addresses wrongs against society, such as theft or fraud, where the Government prosecutes the offender
under the Criminal Code.
The distinction between private law and public law in Mauritius lies mainly in the parties involved, the
purpose of the law, and the type of remedies. Private law governs relationships between private individuals,
families, or companies and is based on protecting private rights and obligations. It covers aspects such as
contract law, property law, family law, labour law, and commercial law. For example, a dispute over
inheritance under the Mauritian Civil Code. Public law, in contrast, regulates the relationship between the
Government and individuals, and thereby ensures that public authorities act within the limits of the law. It
includes constitutional law, administrative law, and criminal law, with its aim being the protection of public
interest and maintenance of order. For instance, constitutional cases such as Matadeen v Pointu [1999] on
equality and non-discrimination fall under public law. Similarly, criminal prosecutions for offences such
as theft or corruption, where the State prosecutes in the name of society, are public law matters. Thus,
while private law seeks to resolve disputes and compensate individuals, public law seeks to regulate state
power, punish offenders, and protect collective rights.
In conclusion, Mauritius clearly distinguishes between private and public law. The main differences lie in
their scope and purpose.Both are essential ; private law secures justice in personal or commercial relations,
while public law ensures good governance, protection of rights and public interest.
2) Write short notes on the following:
(i) District Court
(ii) Intermediate Court
(iii) Supreme Court
[20 marks]
(i) District Court
The District Court, established under Section 93(1) of the Courts Act, is the lowest court in Mauritius.
District Courts are located in each district, with Port Louis having one and Plaines Wilhems having
two in Rose Hill and Curepipe, making them accessible to the public. The maximum penalty a District
Magistrate may impose is a fine of MUR 100,000 or imprisonment of up to five years.They mainly
deal with minor civil cases where the claim does not exceed Rs 100,000, or small criminal offences
such as minor assaults and thefts which are tried in the district where the offence was committed.
District Courts can also hear certain family-related matters such as maintenance claims. For instance,
a disagreement between two individuals relating to a small debt issue would be handled by the District
Court.
(ii) Intermediate Court
The Intermediate Court, established under Section 80(1) of the Courts Act,stands above the District
Court but is below the Supreme Court. It is composed of a Presiding Magistrate and several
Intermediate Court Magistrates. The Intermediate Court was created to ease the workload of the
Supreme Court by handling cases of certain importance. Its civil jurisdiction usually covers disputes
cases that are beyond the jurisdiction of the District Court, while in criminal matters, it deals with
offences of intermediate severity which do not carry the death penalty or penal servitude for life. In
criminal matters, the Intermediate Court may try offences referred to it by the Director of Public
Prosecutions (DPP). While the Court can impose imprisonment of up to 10 years or penal servitude of
up to 15 years, in cases involving persistent offenders, the sentence may be increased to 20 years of
penal servitude based on previous conduct and the likelihood of reoffending.
(iii) Supreme Court
The Supreme Court, established under Section 76(1) of the Constitution, is the highest judicial
authority in Mauritius. The Supreme Court operates in English, as provided by Section 14(1) of the
Courts Act, and consists of the Assizes Court, the Bankruptcy Division, and the Appellate Court. The
Court is composed of the Chief Justice, the Senior Puisne Judge, and other Puisne Judges as prescribed
by Parliament, currently totaling 20 judges, with Rehana Mungly-Gulbul serving as Chief Justice since
November 2021. Judges are appointed according to Section 77 of the Constitution, with the Chief
Justice appointed by the President after consulting the Prime Minister. Section 15 of the Courts Act
establishes the Supreme Court as a superior court of record, granting it all powers and jurisdiction
necessary to administer the laws of Mauritius. It has unlimited jurisdiction in both civil and criminal
matters and hears the most serious offences such as drug trafficking,murder and terrorism. It also acts
as the guardian of the Constitution, dealing with cases on breaches of fundamental rights. The Supreme
Court also has supervisory control over all lower courts and acts as the highest appellate court in
Mauritius. However, in certain cases, parties still have the right to make a final appeal to the Judicial
Committee of the Privy Council in the United Kingdom, which remains the ultimate court of appeal
for Mauritius.
