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Citizenship and Nationality

Mauritius, English

Every person born in Mauritius after 11 March 1968 shall become a citizen of Mauritius at the date of his birth:
Provided that a person shall not become a citizen of Mauritius by virtue of this section if at the time of his birth
a.neither of his parents is a citizen of Mauritius; or
b.either of his parents is an enemy alien and the birth occurs in a place then under occupation by the enemy. (Sec. 22)

Citizenship and Nationality

Mauritius, English

1. Parliament may make provision
a.for the acquisition of citizenship of Mauritius by persons who are not eligible or who are no longer eligible to become citizens of Mauritius by virtue of this Chapter;
b.for depriving of his citizenship of Mauritius any person who is a citizen of Mauritius otherwise than by virtue of section 20, 22 or 23;
c.for the renunciation by any person of his citizenship of Mauritius; or
d.for the maintenance of a register of citizens of Mauritius who are also citizens of other countries. (Sec. 26)

Citizenship and Nationality

Mauritius, English

Any person who, after 11 March 1968, marries another person who is or becomes a citizen of Mauritius shall be entitled, up on making application in such manner as may be prescribed and, if he is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Mauritius:
Provided that the right to be registered as a citizen of Mauritius under this section shall be subject to such exceptions or qualifications as may be prescribed in the interests of national security or public policy. (Sec. 24)

Citizenship and Nationality

Mauritius, English

A person born outside Mauritius after 11 March 1968 shall become a citizen of Mauritius at the date of his birth if at that date either of his parents is a citizen of Mauritius otherwise than by virtue of this section or section 20(3). (Sec. 23)

Citizenship and Nationality

Mauritius, English

1. Every person who, having been born in Mauritius, was on 11 March 1968 a citizen of the United Kingdom and Colonies became a citizen of Mauritius on 12 March 1968.
2. Every person who, on 11 March 1968, was a citizen of the United Kingdom and Colonies—
a. having become such a citizen under the British Nationality Act 1948, by virtue of his having been naturalised by the Governor of the former Colony of Mauritius as a British subject before that Act came into force; or
b. having become such a citizen by virtue of his having been naturalised or registered by the Governor of the former Colony of Mauritius under that Act,
became a citizen of Mauritius on 12 March 1968.
3. Every person who, having been born outside Mauritius, was on 11 March 1968 a citizen of the United Kingdom and Colonies, if either of his parents became, or would but for his death have become, a citizen of Mauritius by virtue of subsection (1) or subsection (2), became a citizen of Mauritius on 12 March 1968.
4. For the purposes of this section, a person shall be regarded as having been born in Mauritius if he was born in the territories which were comprised in the former Colony of Mauritius immediately before 8 November 1965 but were not so comprised immediately before 12 March 1968 unless either of his parents was born in the territories which were comprised in the Colony of Seychelles immediately before 8 November 1965. (Sec. 20)

Citizenship and Nationality

Mauritius, English

1. Any person who, on 12 March 1968, was or had been married to another person-
a.who became a citizen of Mauritius by virtue of section 20; or
b.who, having died before 12 March 1968 would, but for his death, have become a citizen of Mauritius by virtue of section 20,
shall be entitled, upon making application and, if he is a British protected person or an alien, upon taking the oath of allegiance, to be registered as a citizen of Mauritius:
Provided that, in the case of any person who, on 12 March 1968 was not a citizen of the United Kingdom and Colonies, the right to be registered as a citizen of Mauritius under this section shall be subject to such exceptions or qualifications as may be prescribed in the interest of national security or public policy.
2. Any application for registration under this section shall be made in such manner as may be prescribed as respects that application. (Sec. 21)

Jurisdiction and Access

Mauritius, English

1. Subject to sections 41 (5), 64 (5) and 101 (1), where any person alleges that any provision of this Constitution (other than Chapter II) has been contravened and that his interests are being or are likely to be affected by such contravention, then, without prejudice to any other action with respect to the same matter which is lawfully available, that person may apply to the Supreme Court for a declaration and for relief under this section.
2. The Supreme Court shall have jurisdiction, in any application made by any person in pursuance of subsection (1) or in any other proceedings lawfully brought before the court, to determine whether any provision of this Constitution (other than Chapter II) has been contravened and to make a declaration accordingly:
Provided that the Supreme Court shall, not make a declaration in pursuance of the jurisdiction conferred by this subsection unless it is satisfied that the interests of the person by whom the application under subsection (1) is made or, in the case of other proceedings before the court, a party to these proceedings, are being or are likely to be affected.
3. Where the Supreme Court makes a declaration in pursuance of subsection (2) that any provision of the Constitution has been contravened and the person by whom the application under subsection (1) was made or, in the case of other proceedings before the court, the party in those proceedings in respect of whom declaration is made, seeks relief, the Supreme Court may grant to that person such remedy, being a remedy available against any person in any proceedings in the Supreme Court under any law for the time being in force in Mauritius, as the court considers appropriate.
4. The Chief Justice may make rules with respect to the practice and procedure of the Supreme Court in relation to the jurisdiction and powers conferred on it by this section (including rules with respect to the time within which applications shall be made under subsection (1)).
5. Nothing in this section shall confer jurisdiction on the Supreme Court to hear or determine any such question as is referred to in section 37 or paragraph 2(5), 3(2) or 4(4) of the First Schedule otherwise than upon an application made in accordance with that section or that paragraph, as the case may be. (Sec. 83)

Jurisdiction and Access

Mauritius, English

1. Where any question as to the interpretation of this Constitution arises in any court of law established for Mauritius (other than the Court of Appeal, the Supreme Court or a court martial) and the court is of opinion that the question involves a substantial question of law, the court shall refer the question to the Supreme Court.
… (Sec. 84)

Participation in Public Life and Institutions

Mauritius, English

1. Subject to subsections (4), (5) and (7), no law shall make any provision that is discriminatory either of itself or in its effect.

3. In this section, 'discriminatory" means affording different treatment to different persons attributable wholly or mainly to their respective descriptions by race, caste, place of origin, political opinions, colour, creed or sex whereby persons of one such description are subjected to disabilities or restrictions to which persons of another such description are not made subject or are accorded privileges or advantages that are not accorded to persons of another such description.

5. Nothing contained in any law shall be held to be inconsistent with or in contravention of subsection (1) to the extent that it makes provision with respect to standards or qualifications (not being standards or qualifications specifically relating to race, caste, place of origin, political opinions, colour, creed or sex) to be required of any person who is appointed to any office in the public service, any office in a disciplined force, any office in the service of a local authority or any office in a body corporate established directly by any law for public purposes.
… (Sec. 16)

Jurisdiction and Access

Mauritius, English

1. An appeal shall lie from decisions of the Court of Appeal or the Supreme Court to the Judicial Committee as of right in the following cases
a.final decisions, in any civil or criminal proceedings, on questions as to the interpretation of this Constitution;
… (Sec. 81)