Law Reform Commission: A Reform to Modernize the Rule of Law

The Mauritian Parliament will examine the Law Reform Commission Bill this Tuesday during its first reading. This bill aims to repeal outdated legislation and establish a more modern framework that meets current needs. Presented by Attorney General Gavin Glover, this text proposes an institutional overhaul intended to enhance the review and improvement of the Mauritian legislative framework.

According to the explanatory memorandum, "the purpose of this bill is to repeal the Law Reform Commission Act and to adopt a more appropriate and modern legislative framework." The new Commission will have expanded functions and powers to propose reforms aimed at "simplifying, modernizing, and consolidating the laws of Mauritius." Additionally, it will be empowered to conduct "post-legislative analysis of any law that has been wholly or partially based on its recommendations," a new initiative aimed at measuring the actual impact of the adopted texts.

In its new configuration, the Commission will be responsible for "engaging in research and studies to ensure that the laws of Mauritius evolve to meet the contemporary needs and challenges of society and the legal community." It will review reform proposals submitted by the Attorney General or any ministry, formulate reasoned recommendations, request information from public or private entities, involve the public through hearings and publications, and cooperate with regional and international agencies.

The text specifies that, "when the Commission makes its recommendations to the Attorney General or any ministry, it will attach, as far as possible, a draft bill to those recommendations." Each year, it will also submit a detailed program for the revision of laws.

Post-legislative analysis, a major innovation, will allow the Commission to "monitor the functioning of a law," "evaluate the extent to which the law has achieved the objectives outlined in the report or recommendations of the Commission," identify "unforeseen consequences or deficiencies," and propose additional reforms. The Attorney General may refer to the Commission any area of law that requires revision, and the Office of the Attorney General will serve as a liaison authority for information requests.

The Commission will consist of ten members: a chairperson appointed by the Attorney General, representatives from the judiciary, the Solicitor General, the Director of Public Prosecutions, a barrister, an attorney, a notary, the director of the Institute for Judicial and Legal Studies, a member from the law department of the University of Mauritius, and two representatives from civil society. Members, except in special cases, are appointed for renewable two-year terms and compensated according to the determinations of the Attorney General. The Council must meet at least once a month, with a quorum of six members, and may form advisory committees.

A Chief Executive Officer, qualified in law and experienced in legal research, will oversee daily operations, supported by a secretary and other officers. Funding will come from the Consolidated Fund. The Commission will be audited by the Director of Audit. It must also submit an annual activity report along with its audited financial statements, which the Attorney General will present to the Assembly.