Articles & Blog

The Republic of Mauritius follows the forced heirship rules as derived from the French Napoleonic Code. This review article will demystify the forced heirship rules and the succession principles under the Code Civil Mauricien. The heirship rules for the surviving spouses will also be established with the view of demonstrating how the latter can also be part of a succession in the absence of any testamentary provisions. Discussions regarding the peculiarities related to the distribution of the succession such as the division-in-kind and licitation will also be established. Finally, the review article will conclude with the renunciation of heirship and its consequences.

Link to access article: https://drive.google.com/file/d/1oc6l7IpINDvwG2iGpKJa-dHs9pKXu8gf/view?usp=share_link 

In the Republic of Mauritius, a judicial review is concerned with the reviewing of the decision-making process of an administrative body. This case was an application for judicial review of the decision and decision-making process of the Respondents in the appointment of the Co-Respondent as Deputy Commissioner rather than the Applicant. The application was based on the grounds that the decision taken by the administrative body was arbitrary, irrational, unfair, amounts to abuse of power and is grossly unreasonable in the circumstances. 

The Applicant averred that he is more academically qualified than the Co-Respondent and thereby deserved to be appointed as Deputy Commissioner. However, the Applicant failed to establish how his qualifications and seniority made him a suitable candidate for the appointment. Hence, amongst the other reasons, the application for judicial review was devoid of merit and was set aside accordingly. This case commentary will focus on the decision pertaining to seniority and qualifications as a criteria for promotion.

This commentary is helpful for readers seeking to understand the judicial review process and the Supreme Court’s supervisory and discretionary powers in the application for judicial review. The commentary includes an analysis of the judgment based on precedents and discussions regarding the Court’s powers in the application for judicial review.

Jurisdiction: Republic of Mauritius

Link to access article: https://drive.google.com/file/d/1yj-drMl8KnSuqat5pArKXPqiE7YWJw89/view?usp=share_link