Appointment of Senior Counsels and Senior Attorneys - Gavin Glover: "The Attorney General is not a political actor in this process"
Appointment of Senior Counsels and Senior Attorneys - Gavin Glover: "The Attorney General is not a political actor in this process"
On Friday, October 10, 2025, during a parliamentary session, Attorney General Gavin Glover discussed the urgent need to restore clarity and transparency regarding the appointment of Senior Counsels and Senior Attorneys, which has been stalled for several months, affecting 31 legal professionals who have yet to receive their official appointment letters since August 14, 2025. He emphasized that these individuals have been humiliated by this delay. He clarified that this matter does not violate the separation of powers, describing it instead as a collaboration between the Executive and the Judiciary, which he refers to as a juxtaposition of powers.
Gavin Glover explained his role on the panel recommending future Senior Counsels and Senior Attorneys, stating: "The Attorney General is not a political actor in this process. His presence on the panel is a matter of professionalism, not politics."
He noted that the designation of Senior Counsels in Mauritius is not an inherent judicial prerogative but a statutory function. This statement was made during the second reading of the Senior Counsel and Senior Attorney Bill, which aims to reform the nomination procedure significantly.
Glover revisited the origins of this honorary title, which is derived from the British model of King's Counsel or Queen's Counsel. Historically, these distinctions were granted by the monarch based on the Executive's recommendation. "It is the courts and the legal profession that have given life and meaning to this distinction," he reminded.
In several Commonwealth countries, such as the UK, Canada, and Australia, the process has been modernized to rely on independent committees and objective criteria. "The goal is to ensure that recognition is based on merit and integrity," added the Attorney General.
The proposed bill establishes a recommendation panel that will replace the Chief Justice as the sole authority for nominations. This panel will consist of the Chief Justice, the Senior Puisne Judge (SPJ), the two most senior judges of the Supreme Court, the president of the Bar Council, the president of the Mauritius Law Society (MLS), and two representatives from the legal profession.
"We need to move away from a system based on a single voice to adopt a collegial approach," Gavin Glover stated. The panel will evaluate candidates based on criteria such as competence, integrity, contribution to the development of law, and a minimum of 15 years of practice.
Glover stressed that this reform does not strip any power from the Chief Justice. "The title of Senior Counsel has always been provided for by law; it is not a judicial prerogative," he affirmed.
The Attorney General also highlighted that the President of the Republic will maintain a role in the process by issuing letters patent following the panel's recommendation. "This text aims to bring clarity, transparency, and institutional balance," he concluded.
Proposed amendments by the opposition, including the exclusion of 'non-practicing barristers' and changes to the composition of the panel, were rejected.
Opposition leader Joe Lesjongard sharply criticized the Senior Counsel and Senior Attorney Bill during his speech in the National Assembly on Friday, October 10, 2025, claiming it poses a threat to the independence of the Judiciary. "I am not against revising the nomination process for Senior Counsels and Senior Attorneys. But I oppose this law in its current form," he stated at the outset. He raised concerns about potential executive interference in the nomination process, denouncing the Attorney General's presence on the recommendation panel. "The wolf is in the sheepfold," he remarked, arguing that no executive member should be on a panel tasked with distinguishing lawyers based on merit and independence.
Lesjongard contended that this bill opens the door to the politicization of justice, stating, "This government already controls the legislature. Now, it seeks to take over the judiciary." He questioned the urgency of presenting this bill, suggesting the government should focus on pressing issues affecting Mauritians, such as water supply, the high cost of living, and discipline in schools, rather than on appointing around fifty Senior Counsels and Senior Attorneys.
He pointed out that despite these urgent matters, the government convened a Special Cabinet Meeting on a Monday solely to finalize this law, while the Constitutional Review Commission has yet to be appointed, contrary to promises made in the government’s program. He also noted that this text arrives while a judicial review is underway, raising significant principle questions.
For him, this bill is "not a reform of justice," but rather "a political interference attempt." Thus, the opposition will not support the text in its current form.
Prime Minister Navin Ramgoolam explained that the reform of the Senior Counsel and Senior Attorney appointment procedure aims to "restore clarity and trust" following an institutional crisis. He added that some might wonder, "Why did we choose to act now?" The answer is simple: the current nomination system had collapsed, and we did not have the luxury of waiting. He reminded that the Chief Justice had submitted 33 names for appointment, and the President had retained 31, leaving 2 names pending due to ongoing investigations. "It would have been irresponsible to confer a distinction based on integrity while investigations were ongoing," said Navin Ramgoolam. Thus, the President acted independently and legally.
The Prime Minister condemned rumors suggesting that the President altered the list and rejected the notion that this text threatens judicial independence. He stressed that the bill "clarifies the process" by establishing a representative and transparent panel that ensures a balance of power between the Executive and the Judiciary.
Deputy Prime Minister Paul Bérenger praised the upcoming adoption of the Senior Counsel and Senior Attorney Bill, calling it an "achievement" for the country. "We are moving from an arbitrary system to a democratic and transparent system, without harming or humiliating anyone," he stated. He emphasized that the selection criteria are now enshrined in law and aligned with international best practices, stating that this text "turns the page on an archaic system" and "honors" Mauritian democracy.
MP Khushal Lobine supported that this bill is an important step towards a more inclusive, transparent system suited for a modern Republic. "This law may not be a revolution, but it is an important step away from a practice inherited from the colonial era," he remarked. He pointed out that the Senior Counsel designation system had been stagnant for many years without appointments. According to him, the proposed new panel, inspired by Commonwealth models, will prevent a single voice from deciding for all. "I hear those who criticize the Attorney General's presence on the panel. But then, why not also question the Chief Justice's presence? This reasoning is endless," he asserted.
