Professional Documents
Culture Documents
3) BILL
(No. .. of 2016)
Explanatory Memorandum
The object of this Bill is to amend the Constitution to make provision for a
Prosecution Commission which
(a)
(b)
(c)
(d)
Short title
2.
3.
4.
5.
_______________
A BILL
To amend the Constitution
ENACTED by the Parliament of Mauritius, as follows
1.
Short title
This Act may be cited as the Constitution (Amendment No. 3) Act 2016.
2.
The Constitution is amended by inserting, after section 72, the following new
section
72A. Prosecution Commission
(1)
(c)
(d)
(2)
Where the Prosecution Commission determines that the decision of
the Director of Public Prosecutions
(a)
(b)
(c)
(3)
(a)
The Director of Public Prosecutions shall comply with any
direction given by the Prosecution Commission under subsection (2).
(b)
Any failure by the Director of Public Prosecutions to comply,
without reasonable excuse, with a direction of the Prosecution Commission shall
constitute an act of misbehaviour for the purpose of section 93(2).
(4)
that tribunal shall enquire into the matter and report on the
facts to the President or the Appointments Committee, as
the case may be, and recommend to the President or the
Appointments Committee, as the case may be, whether the
Chairperson or any Commissioner of the Prosecution
Commission ought to be removed under this section:
Commencement
This Act shall come into operation on a date to be fixed by Proclamation.
_______________