MAURITIUS BAR ASSOCIATION

BAR COUNCIL
Chairman: Herve Louis Charles Denis Duval SC Vice-Chairman: The Honourable Attorney General
Secretary: Yahia Nazroo Treasurer: Varuna R Bunwaree Goburdhun
Members: Moorari Gujadhur, Yanilla Moonshiram and Anusha Rawoah (Co-Opted)

COMMUNIQUE

Public confidence in “the existence of a free and independent profession bound together by respect for
rules is an essential means of safeguarding human rights and other interests in society” (Code 1.2(d) of
the Code of Ethics for Barristers).

The Bar Council considers that it is in the public interest that barristers should contribute to public debates;
especially to those relating to the purview, applicability, enforcement and/or relevance of existing laws as well
as the need for law reforms and the role of barristers in a democratic society.

Barristers who choose to express their personal views publicly are duty bound to observe the same decorum
and exercise the same level of skill and diligence that is required from them in the exercise of their profession,
including when advising clients.

In the light of recent events, the Bar Council draws the attention to the following essential principles
underlying the provisions of the Code of Ethics for Barristers:

A barrister:

(i) shall not engage in conduct, whether in the pursuit of his profession or otherwise, which is likely to
diminish public confidence in the legal profession or otherwise bring the legal profession into disrepute;

(ii) who gives an advice to a client only to ingratiate himself, to serve his personal interests or in response to
outside pressure, commits a breach of duty not only to his client but also to the interests of justice;

(iii) shall ensure that the advice which he gives is sound, clear, practical and appropriate to the needs and
circumstances of the particular client; and

(iv) shall exercise his own personal judgment upon the substance and purpose of any advice he gives.

It follows that a barrister participating in a public debate should be careful not to present as an established fact
or a settled principle of law, what is in truth a matter of opinion; and should refrain from denigrating others
who do not share his opinions, bearing in mind that he is neither a judge of fact or of law. The participation of
a barrister in a public debate should at all times be synonymous of objectivity and rationality.

In view of the ongoing public debate concerning legal advice tendered to the President of the Republic of
Mauritius, the Bar Council wishes to reiterate that confidentiality is a primary and fundamental right and
duty of the barrister and “without the certainty of confidentiality, there cannot be trust.” (Code 5.1 of
the Code of Ethics for Barristers).

Whilst a barrister may, like any other citizen, be the subject of an inquiry into an alleged offence, inducing a
barrister to breach his duty of confidentiality cannot serve public interest. Any attempt to dilute the essence of
a barrister’s function and the fundamental right of the barrister to confidentiality is bound to set an evil
precedent.

The Bar Council wishes to place on record its firm intention to defend robustly the fundamental right to
confidentiality and legal privilege.

THE COUNCIL

30 March 2018