Monday 23 May 2011

Law Practitioners Act (Amendment) Bill 2011 & The Institute for Legal and Judicial Studies Bill 2011

I have been at the UoM for 3 years and have heard various stories from different persons including those who were called to discuss with us on our future careers. Of all things, it  is the Bar Vocational Course (BVC) which has been at the heart of every debates in which we were engaged. We were completely at bay when the persons questioned were unable to give us concrete answers. We have been told on countless occasions that the Bar Exams is very tough and only the best will get through and it is this argument which justifies the low number of passes each year.

But then if you have to make one student pass the BVC each year, what is the use of running the course itself? Compared to the situation in England where the pass rate for students taking the BVTC each brushes the 90%, there is something wrong and lacking in our system which itself consists of the remnants of the English Legal System which dates back to the colonial period. We haven't changed much since!

The New Bill due to be presented at the National Assembly (can be found @: http://www.gov.mu/portal/goc/assemblysite/file/bill0911.pdf or http://www.gov.mu/portal/goc/assemblysite/file/bill0911.pdf) brings into the issue a new institution (Institute for Judicial and Legal Studies) that will be responsible for the issuing of authorisation to conduct the BVC. There will be an overhaul of the Course itself to add new subjects such as Legal Drafting, Conferencing, Opinion Writing, etc. Also, students holding a professional qualification (BVC) from countries forming part of the Commonwealth will be eligible for admission at the Bar. It also includes those who have obtained their professional qualification form the United States of America.

Despite these proposed changes, I am still doubtful of the manner in which the exams will be conducted, as to who will be the examiners and whether the results in its totality with marks for each subject will be published for public disclosure/scrutiny and in order to ensure transparency or it will still be the same.

Having completed my LLB(Hons) with all those questions on my mind, I am eagerly waiting for the amendments to be passed to see the results in order to better plan my career and I think that it is also the case for all my friends of the 2008-2011 LLB(Hons) class as well  as who have attempted the BVC before. Hopefully, it will be done before November as we have to pay the fees for the BVC as from the 3rd of December.

But for now, let us enjoy our holidays which I hope will not become permanent!

Below is a list of all Commonwealth Countries:

Country Name Date of Joining
Antigua and Barbuda 1 November 1981
Australia 11 December 1931
Bahamas 10 July 1973
Bangladesh 18 April 1972
Barbados 30 November 1966
Belize 21 September 1981
Botswana 30 September 1966
Brunei 1 January 1984
Cameroon 13 November 1995
Canada 11 December 1931
Cyprus 13 March 1961
Dominica 3 November 1978
Gambia 18 February 1965
Ghana 6 March 1957
Grenada 7 February 1974
Guyana 26 May 1966
India 15 August 1947
Jamaica 6 August 1962
Kenya 12 December 1963
Kiribati 12 July 1979
Lesotho 4 October 1966
Malawi 6 July 1964
Malaysia 16 September 1963
Maldives 9 July 1982
Malta 21 September 1964
Mauritius 12 March 1968
Mozambique 13 November 1995
Namibia 21 March 1990
Nauru 1 November 1968
New Zealand 11 December 1931
Nigeria 1 October 1960
Pakistan 14 August 1947
Papua New Guinea 16 September 1975
Rwanda 29 November 2009
Saint Kitts and Nevis 19 September 1983
Saint Lucia 22 February 1979
Saint Vincent and the Grenadines 27 October 1979
Samoa 28 August 1970
Seychelles 29 June 1976
Sierra Leone 27 April 1961
Singapore †15 October 1965
Solomon Islands 7 July 1978
South Africa 11 December 1931
Sri Lanka 4 February 1948
Swaziland 6 September 1968
Tanzania 26 April 1964
Tonga 4 June 1970
Trinidad and Tobago 31 August 1962
Tuvalu 1 October 1978
Uganda 9 October 1962
United Kingdom 11 December 1931
Vanuatu 30 July 1980
Zambia 24 October 1964
Fiji 10 October 1970
Ireland 11 December 1931
Zimbabwe 1 October 1980
Out of the above 54 nations, Fiji is currently suspended from the Commonwealth of Nations.
From: http://www.list4everything.com/list-of-commonwealth-nations.html

Fiat Lux,

3 comments:

  1. THE INSTITUTE FOR JUDICIAL AND LEGAL STUDIES BILL (No. IX of 2011)

    The object of this Bill is to provide for the establishment of an Institute for Judicial and Legal Studies for the purpose of promoting proficiency and ensuring the maintenance of standards in the Judiciary and among law practitioners and legal officers with a view to enhancing the justice system, in line with the recommendation of the Presidential Commission set up in 1997 to examine and report upon the structure and operation of the judicial system and legal professions of Mauritius.

    The Bill provides for the creation of the Institute for Judicial and Legal Studies (“the Institute”) . The objects of the Institute include promoting proficiency and ensuring the maintenance of standards in the Judiciary, among law practitioners and legal officers, and generally in the delivery of Court services, and fostering continuing judicial and legal education.

    The Institute will be managed by the Judicial and Legal Studies Board (“the Board”).

    Status: Second Reading, Committee Stage and Third Reading on 24 May 2011. Not yet enacted.

    ReplyDelete
  2. THE LAW PRACTITIONERS (AMENDMENT) BILL (No. X of 2011)

    The main object of this Bill is to amend the Law Practitioners Act, in line with certain recommendations of the Presidential Commission set up in 1997 to examine and report upon the structure and operation of the judicial system and legal professions of Mauritius.

    The Bill provides for the establishment of a Council for Vocational Legal Education (“the Council”). The Council shall, inter alia, be responsible for the granting of an authorisation to run a vocational course.

    The Institute shall devise, organise and conduct Continuing Professional Development Programmes for each of the three branches of the legal profession. The Continuing Professional Development Programmes are meant to broaden the knowledge of law practitioners and legal officers, keeping them abreast of developments in the law, and to encourage them to share experiences and enhance their professional skills.

    Unless a law practitioner is excused by the Chief Justice for reasons such as proven ability and experience, age, ill health or unavoidable professional commitments, the law practitioner and a legal officer must, in every year, follow a Continuing Professional Development Programme.

    Status: Second Reading, Committee Stage and Third Reading on 24 May 2011. Not yet enacted.

    ReplyDelete
  3. Salut Sandeep, c'est Chris, ce serait sympa si tu pouvais mettre la nouvelle Law Practitioners Act sur ton blog.

    ReplyDelete