Legal Developments in Africa - 2011 - F. Mauritius

Parent Category: Africa

Category: Africa, Generally

Harriet O. Acheampong, et. al.

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F. Mauritius

The Mauritian Mediation Division began hearing cases in January 2011, pursuant to a 2009 amendment, granting the Supreme Court jurisdiction to mediate civil cases. The goal of the Mediation Division, as stated by Prime Minister Navinchandra Ramgoolam, is to hear most if not all commercial cases prior to trial.

The Divorce and Mutual Separation Act became law in April 2011. Under the new law, a spouse may request a divorce if the couple has lived separately for three years instead of five and allows for divorce by mutual consent. The judge may refuse to grant the divorce if it would adversely affect the children or a spouse.

On May 13, the Mauritian President assented to the Asset Recovery Act, which permits the Enforcement Authority to request an order from the courts to confiscate or prevent the disposal of assets used in or gained from criminal or terrorist activity, in conjunction with a criminal case. In the absence of a criminal case, the Enforcement Authority may receive similar orders if it can persuade the court that the subject illegally obtained the assets. The Act applies to any prohibited activity committed abroad and provides for international cooperation.