558 Acts 2011
THE LAW PRACTITIONERS (AMENDMENT)
ACT 2011
Act No. 30 of 2011
I assent
SIR ANEROOD JUGNAUTH
11th November 2011 President of the Republic
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ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Section 2 of principal Act amended
4. Section 4 of principal Act repealed and replaced
5. Section 5 of principal Act repealed and replaced
6. New section 5A inserted in principal Act
7. Section 8 of principal Act amended
8. Section 9A of principal Act amended
9. New sections 9B and 9C inserted in principal Act
10. Section 10 of principal Act amended
11. Section 11 of principal Act repealed and replaced
12. New section 11A inserted in principal Act
13. Section 12 of principal Act repealed and replaced
14. New section 12A inserted in principal Act
15. Section 21 of principal Act amended
16. New section 21A inserted in principal Act
17. Section 22 of principal Act amended
18. Schedule added to principal Act
19. Consequential amendment
20. Transitional provision and savings
21. Commencement
SCHEDULE
_______________
An Act
To amend the Law Practitioners Act
ENACTED by the Parliament of Mauritius, as follows –
1. Short title
This Act may be cited as the Law Practitioners (Amendment)
Act 2011.
2. Interpretation
In this Act –
“principal Act” means the Law Practitioners Act.
3. Section 2 of principal Act amended
Section 2 of the principal Act is amended –
(a) by deleting the definitions of “certificate of competency” and
“Council”;
(b) in the definition of “law practitioner”, by inserting, after the
words “entered on”, the words “, and not been erased from,”;
(c) in the definition of “Legal Secretary”, by inserting, after the
words “public office of”, the words “Chief Legal Secretary,
Legal Secretary or Assistant”;
(d) in the definition of “signing practitioner”, by deleting the
semicolon and replacing it by a full stop;
(e) by inserting, in the proper alphabetical order, the following
new definitions –
“accredited person” means the University of Mauritius or a
person who is the holder of an authorisation granted under
section 12A(3);
“applicant” means a person who has applied, or intends to
apply, to be admitted as a law practitioner;
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“Board” means the Judicial and Legal Studies Board referred
to in section 7 of the Institute for Judicial and Legal Studies
Act 2011;
“Continuing Professional Development Programme” means a
Programme devised, organised and conducted under section
9B;
“Council” means the Council for Vocational Legal Education
established under section 11;
“Institute” means the Institute for Judicial and Legal Studies
established under the Institute for Judicial and Legal Studies
Act 2011;
“law degree” means a degree in law awarded, following a
course of studies for such period and at such level as may be
prescribed under section 22(1)(c), by –
(a) the University of Mauritius;
(b) a university in the United Kingdom; or
(c) such university or other tertiary education institution in
Mauritius, the United States, another Commonwealth
country or a civil law State, as may be approved by the
Council;
“legal officer” means an officer who holds an office specified
in the First Schedule and includes the Chief Legal Secretary,
the Legal Secretary and the Assistant Legal Secretary;
“professional qualification” means an attestation, in such form
as the Council may approve, to the effect that a person who
holds a law degree has a qualification as, or equivalent to that
of, barrister entitling him to practise in England and Wales,
Australia, New Zealand, Canada or France;
“pupil master” means a person designated as such by the
Council under section 5A(2);
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“Secretary” means the person appointed as such under section
11A;
“vocational course” means the course referred to in section
4(2)(a)(iii)(B) and enabling a person to qualify as a law
practitioner;
“Vocational Examinations Board” means the Board set up
under section 11B.
4. Section 4 of principal Act repealed and replaced
Section 4 of the principal Act is repealed and replaced by the
following section –
4. Qualifications of law practitioners
(1) Any citizen of Mauritius may apply for admission to
practise law in Mauritius under section 6 where he satisfies the
requirements of subsection (2).
(2) The requirements of this subsection are that an applicant
shall have –
(a) (i) in the case of a prospective barrister who
qualified as such in a State other than
Mauritius, a professional qualification;
(ii) in the case of every other prospective
barrister or every prospective attorney –
(A) been awarded a law degree;
(B) completed the vocational course in
accordance with section 5; and
(C) sat for and passed an examination
conducted by the Vocational
Examinations Board;
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(iii) in the case of a prospective notary –
(A) the qualifications referred to in
subparagraph (ii);
(B) attained the age of 25 years; and
(C) been authorised by the Prime
Minister, after consultation with the
Attorney-General, to apply for
admission; and
(b) in every case, undergone pupillage and, in the case of a
prospective barrister referred to in paragraph (a)(i),
followed a prescribed course of training in accordance
with section 5A(6).
5. Section 5 of principal Act repealed and replaced
Section 5 of the principal Act is repealed and replaced by the
following section –
5. Vocational course
An applicant shall, for the purpose of section 4(2)(a)(ii)(B),
have completed the vocational course where he has –
(a) followed such course as may be approved by the
Council and conducted by an accredited person, in the
subjects specified in the Second Schedule; and
(b) satisfied the Council of his proficiency in the subjects
specified in the Second Schedule, following such oral
and written examinations as the Vocational
Examinations Board may conduct.
6. New section 5A inserted in principal Act
The principal Act is amended by inserting, after section 5, the
following new section –
5A. Pupillage
(1) (a) The Council shall, after consultation with the Bar
Council, the Mauritius Law Society Council or the Chamber of
Notaries, as the case may be, for the purpose of determining whether
a law practitioner is able to provide the required amenities and
training to be a pupil master, draw up and keep under review a list of
law practitioners of not less than 15 years’ standing, from each of the
3 branches of the profession, who may be pupil masters.
(b) The Council may –
(i) proprio motu remove a person’s name; or
(ii) at a pupil master’s request, remove his
name,
from the list.
(2) Subject to subsections (4), (5) and (6), pupillage shall,
for the purposes of sections 4 and 21(4), consist –
(a) in the case of a prospective barrister –
(i) who qualified in Mauritius, of attachment
to –
(A) the chambers of a barrister for
9 months; or
(B) the chambers of a barrister for
3 months and a barrister in a law
firm for 6 months,
and the office of an attorney for 3months; or
(ii) who qualified as such in England and
Wales,Australia, New Zealand, Canada or
France –
(A) of attachment for a period of not
less than 12 months to the chambers
of a barrister of not less than 15
years’ standing in the State in which
he qualified; or
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(B) of attachment for an aggregate
period of not less than 9 months to
the chambers of one or more
barrister of not less than 15 years’
standing in Mauritius, England and
Wales, Australia, New Zealand,
Canada or France, and of
attachment for a consecutive period
of not less than 3 months to the
office of an attorney in Mauritius;
(b) in the case of a prospective attorney, of articleship
in, or attachment to, the office of an attorney in
Mauritius, or to an attorney in a law firm in
Mauritius, for 12 months; and
(c) in the case of a prospective notary, of articleship
in, or attachment to, the office of a notary in
Mauritius for 24 months,
under the supervision of a pupil master designated by the Council
with the consent of the pupil master and the pupil, where pupillage
is undergone in Mauritius, and a pupil master proposed by the pupil
and approved by the Council, where pupillage is undergone outside
Mauritius.
(3) The duties of a pupil master shall be to –
(a) ensure that the applicant is in attendance for such
aggregate number of hours per week as may be
determined by the Council;
(b) provide him with the necessary assistance and
guidance in the completion of his preparation
before he is able to practise;
(c) in the case of a prospective barrister or attorney,
make him familiar with proceedings in Court;
(d) give the applicant the necessary and appropriate
opportunity to interact with clients; and
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(e) provide the Council with a comprehensive report,
in such form and manner as the Council may
require, on the applicant’s performance during
pupillage.
(4) A period of permanent employment of a prospective
barrister or attorney as a Legal Assistant, or in such other office as
may be prescribed, in theAttorney-General’s Office or the Office of
the Director of Public Prosecutions, or in the Judicial Department as
a Court Officer, shall be deemed to be pupillage, for the period
determined under subsection (2) or part of it, as the case may be.
(5) Where the Council is satisfied that there are no facilities
available for pupillage in the case of an applicant, it may authorise
him to undergo such other form of training as it may specify, instead
of pupillage.
(6) (a) Every prospective barrister who holds a
professional qualification and who undergoes pupillage inMauritius
shall, during his period of pupillage, follow, to the satisfaction of the
Council, a course of training conducted by the Institute in such
subjects as may, in the Council’s opinion, be necessary to enable him
to practise in Mauritius.
(b) Where a prospective barrister who holds a
professional qualification undergoes pupillage in England andWales,
Australia, New Zealand, Canada or France, the course of training
referred to in paragraph (a) shall be followed before he takes the oath
of office to be admitted to practise law in Mauritius.
(c) A person referred to in paragraph (a) or (b) shall
not be required to sit for any examination.
7. Section 8 of principal Act amended
Section 8 of the principal Act is amended, in subsection (1), by
inserting, after the words “he shall”, the words “, subject to section 15,”.
8. Section 9A of principal Act amended
Section 9A of the principal Act is amended –
(a) by numbering the existing provision as subsection (1);
(b) in the newly numbered subsection (1), by inserting, before the
words “on the recommendation”, the words “subject to
subsection (2) and”; and
(c) by adding the following new subsection –
(2) No barrister or attorney shall be appointed
pursuant to subsection (1) unless he is, and has been, a barrister
or an attorney of not less than 15 years’ standing.
9. New sections 9B and 9C inserted in principal Act
The principal Act is amended by inserting, after section 9A, the
following new sections –
9B. Continuing Professional Development
(1) The Institute shall devise, organise and conduct
Continuing Professional Development Programmes for each of the
three branches of the legal profession with a view to broadening the
knowledge of law practitioners and legal officers, keeping them
abreast of developments in the law, encouraging them to share
experiences and enhancing their professional skills.
(2) AProgramme referred to in subsection (1) may include
attendance at such lectures, workshops or seminars, as may be
approved by the Institute.
(3) Every law practitioner and legal officer shall, in every
year, participate in a Continuing Professional Development
Programme for the prescribed number of hours unless he is excused
by the Chief Justice for reasons such as age or ill health.
(4) Notwithstanding section 13, where a person referred to
in subsection (3) fails, without reasonable excuse, to follow a
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Continuing Professional Development Programme, the Institute
may –
(a) in the case of a legal officer, report the matter to
the Judicial and Legal Service Commission; and
(b) in the case of a law practitioner, refer the matter
to the Chief Justice who may –
(A) issue a written warning to him; or
(B) suspend his right to practise for a period
not exceeding one year.
9C. Courses for prospective judicial and legal officers
(1) Any person who wishes to be considered for
appointment as a Judge, Magistrate or legal officer shall follow a
course referred to in subsection (2), which shall be approved by the
Judicial and Legal Service Commission.
(2) The Institute shall devise one or more courses with a
view to enabling persons referred to in subsection (1) to familiarise
themselves with the duties which they will be required to perform in
the office to which they wish to be appointed.
(3) Where a person has followed a course in accordance
with this section, the Institute shall forward to the Judicial and Legal
Service Commission a report on the person’s attendance and
performance.
10. Section 10 of principal Act amended
Section 10 of the principal Act is amended by –
(a) repealing subsection (3) and replacing it by the following
subsection –
(3) The Supreme Court –
(a) may, on its own motion or an application
by the person concerned, and after making
such enquiry as it thinks fit –
(i) amend an entry on the Roll;
(ii) remove the name of a person from the Roll
following an order made under section 14
or where the person has ceased to be a
member of a body referred to in section
3(1)(b);
(b) may cause the name of a person which has been
removed from the Roll to be restored on the Roll.
(4) The Supreme Court shall, for the purposes of this Act,
keep a list of –
(a) barristers in private practice;
(b) legal officers;
(c) law firms and law practitioners employed by
them;
(d) law practitioners in employment; and
(e) legal consultants.
11. Section 11 of principal Act repealed and replaced
Section 11 of the principal Act is repealed and replaced by the
following subsection –
11. Establishment of Council
(1) There is established for the purposes of this Act a
Council for Vocational Legal Education, which shall be a body
corporate.
(2) The Council shall consist of –
(a) a Chairperson, who shall be a person who holds
or has held judicial office, a law practitioner or a
legal officer of not less than 10 years’ standing, or
a person who has proven ability and experience
in legal education, to be appointed by the Chief
Justice, after consultation with the Attorney-
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General and such other persons as he may deem
fit;
(b) the Registrar;
(c) the Solicitor-General or his representative;
(d) the Director of Public Prosecutions or his
representative;
(e) a member of the academic staff of the Faculty of
Law of the University ofMauritius designated by
the Vice-Chancellor of the University;
(f) 3 law practitioners, to be appointed by the
Attorney-General;
(g) such other persons, not exceeding 3 in number,
as the Chief Justice may, after consultation with
the Chairperson, co-opt on the Council either
generally or for any specific purpose.
(3) (a) The persons referred to in subsection (2)(f)
shall –
(i) be law practitioners of not less than
10 years’ standing; and
(ii) include a barrister, an attorney and a notary
appointed on the recommendation of the
Bar Council, the Mauritius Law Society
Council or the Chamber of Notaries,
respectively.
(b) Every member, other than the members referred
to in subsection (2)(b), (c) and (d), shall hold office for 2 years but
shall be eligible for re-appointment.
(4) (a) Where a vacancy occurs in the membership of the
Council, the vacancy shall, in the case of a person appointed under
subsection (2)(a) or (f), be filled by a person appointed by the Chief
Justice or the Attorney-General, as the case may be, in accordance
with subsection (2).
570 Acts 2011
(b) The person appointed under paragraph (a) shall
hold office for the remainder of the term of office of the member
whom he is replacing.
(5) (a) The Council shall meet as often as is necessary at
such place and time as the Chairperson thinks fit.
(b) The Secretary shall convene a meeting of the
Council on a request made by not less than 4 members.
(c) At a meeting of the Council, 5 members shall
constitute a quorum.
(6) Every member shall be paid such allowance as the Chief
Justice may determine.
12. New sections 11A and 11B inserted in principal Act
The principal Act is amended by inserting, after section 11, the
following new sections –
11A. Secretariat of Council
(1) The Council shall, on such terms and conditions as it
may determine, appoint a Secretary to the Council.
(2) (a) There shall be such public officers designated by
the Registrar as may, in the opinion of the Council, be necessary to
assist the Secretary.
(b) Every person referred to in paragraph (a) shall be
under the administrative control of the Secretary.
(3) The Secretary shall –
(a) be the chief executive officer of the Council;
(b) act in accordance with such directions as he may
receive from the Chairperson; and
(c) ensure that assistance and guidance are available
to law students at all reasonable times.
(4) Service of process on or on behalf of the Secretary shall
be deemed to be service on or by the Council.
(5) The Council may pay to a person referred to in
subsection (2) such allowance as it thinks fit.
11B. Vocational Examinations Board
(1) The Council shall every year set up a Vocational
Examinations Board for the purpose of organising and conducting
the vocational examinations on behalf of the Council.
(2) The Vocational Examinations Board shall consist of –
(a) 2 representatives of the Council;
(b) a member of the Faculty of Law of the University
of Mauritius;
(c) not more than 3 representatives of accredited
persons other than the University of Mauritius;
(d) 2 examiners from foreign recognised institutions.
13. Section 12 of principal Act repealed and replaced
Section 12 of the principal Act is repealed and replaced by the
following section –
12. Functions and powers of Council
The Council shall –
(a) be responsible for the granting of an authorisation to run
a vocational course;
(b) supervise vocational courses and organise, through the
Vocational Examinations Board, oral or written
examinations for prospective law practitioners;
(c) after consultation with the appropriate professional
body, draw up and keep under review a list of law
practitioners of not less than 15 years’ standing who are
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able to provide the required amenities and training to be
pupil masters; and
(d) where appropriate, formulate and cause to be published
in the Gazette a Code of Ethics for any of the three
branches of the profession.
14. New section 12A inserted in principal Act
The principal Act is amended by inserting, after section 12, the
following new section –
12A. Accredited persons
(1) No person, other than an accredited person, shall run a
vocational course, or hold himself out, by advertisement or otherwise,
as being a person who runs or is entitled to run a vocational course.
(2) Any person, other than the University of Mauritius,
wishing to be an accredited person shall make a written request to
the Council, accompanied by the prescribed application fee, and
furnish to the Council such information as the Council may require
regarding his or its ability to run a vocational course.
(3) The Council shall, on receipt of a request under
subsection (2), make such enquiry as it thinks fit and may, on
payment of the prescribed accreditation fee, authorise the person to
run such vocational courses as it may approve.
(4) An accredited person shall, where required by the
Council to do so, run a vocational course in accordance with
section 5.
(5) An accredited person, other than the University of
Mauritius, shall not require any person to pay a fee in excess of such
amount as may be prescribed for the purpose of following a
vocational course.
(6) The Council may, where an accredited person other than
the University of Mauritius contravenes subsection (4) or (5),
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suspend or revoke an authorisation granted pursuant to
subsection (3).
(7) Where an accredited person runs a vocational course,
the Council may –
(a) require the accredited person to submit its
syllabus or programme to it for approval; and
(b) make such arrangements as it thinks fit to
supervise the running of the course.
15. Section 21 of principal Act amended
Section 21 of the principal Act is amended by adding the following
new subsection –
(4) (a) Notwithstanding sections 3 and 6, a prospective
barrister or attorney who has completed 6 months of pupillage
may, in the presence of his pupil master, represent his pupil master’s
client at any stage of any proceedings before a Magistrate other
than –
(i) a trial on the merits;
(ii) arguments on a matter of law; or
(iii) submissions at the end of a case.
(b) Every pupil master shall ensure that a prospective
barrister or attorney who is his pupil is suitably attired for the
purposes of paragraph (a).
16. New section 21A inserted in principal Act
The principal Act is amended by inserting, after section 21, the
following new section –
21A. Access to Courts and Library
(1) Every prospective law practitioner shall, on payment of
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the prescribed fee, be issued by the Council with a means of
identification showing that he is following a vocational course or
undergoing pupillage, which he may be required to produce for the
purposes of subsection (2).
(2) The Registrar shall make appropriate arrangements in
order that –
(a) a person following a vocational course may have
access to the Supreme Court Library –
(i) up to 9.30 a.m. and after 3.30 p.m. on week
days; and
(ii) during opening hours on Saturdays; and
(b) a prospective law practitioner undergoing
pupillage may have access –
(i) to the Supreme Court Library; and
(ii) in the case of a prospective barrister or
attorney, to the places in a Court reserved
for barristers or attorneys where he is
representing his pupil master’s client in
accordance with section 21(4).
17. Section 22 of principal Act amended
Section 22 of the principal Act is amended, in subsection (1), by
repealing paragraph (c) and replacing it by the following paragraph –
(c) in relation to any other matter, including an amendment
of the Schedule, by the Council, with the approval of
the Attorney-General.
18. Schedule added to principal Act
The principal Act is amended by adding the First and Second
Schedules set out in the Schedule to this Act.
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19. Consequential amendment
The Tertiary Education Commission Act is amended in –
(a) section 2, by inserting, in the proper alphabetical order, the
following new definitions –
“programmes” does not include vocational course;
“vocational course” has the same meaning as in the Law
Practitioners Act.
(b) section 6 –
(i) by numbering the existing provision as subsection (1);
and
(ii) by adding the following new subsection –
(2) Without prejudice to section 2 of thisAct, in this
section, “programmes” includes vocational course.
20. Transitional provision and savings
(1) Where, at the commencement of this Act, the Council is
satisfied that a prospective law practitioner has, in accordance with the
repealed section 4 of the principalAct, started undergoing pupillage, it may,
subject to such conditions as it thinks fit, authorise him to continue and
complete his pupillage which shall be deemed to be pupillage for the
purposes of section 5A.
(2) Any certificate issued or approval given by the former Council
before the commencement of this Act shall, at the commencement of this
Act, be deemed to have been issued or given by the Council.
(3) All assets and liabilities of the former Council shall, at the
commencement of this Act, vest in the Council.
(4) Every agreement and instrument to which the former Council
was a party or which affected the former Council shall, at the
commencement of this Act, have effect as if the Council were a party to it
or affected by it instead of the former Council.
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(5) Any proceedings pending immediately before the
commencement of thisAct to which the former Council was a party may be
continued as if the Council was a party to these proceedings instead of the
former Council.
(6) Any Code of Ethics made by the former Council and which is
in force at the commencement of this Act shall be deemed to have been
made by the Council.
(7) Where thisAct does not make provision for any transition, the
Attorney-General, or the Council with the approval of theAttorney-General,
may make such regulations as may be necessary for such transition.
(8) The members of the former Council shall, at the
commencement of this Act, be deemed to be members of the Council and
continue as such for the remainder of their term of office.
(9) All employees of the former Council shall, at the
commencement of this Act, become employees of the Council.
(10) In this section –
“Council” means the Council for Vocational Legal Education
established under section 11;
“former Council” means the Council of Legal Education
established under the repealed section 11 of the principalAct.
21. Commencement
(1) Subject to subsection (2), this Act shall come into operation
on a date to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into operation of
different sections of this Act.
Passed by the National Assembly on the eighteenth day of October
two thousand and eleven.
Ram Ranjit Dowlutta
Clerk of the National Assembly
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SCHEDULE
[Section 18]
FIRST SCHEDULE
[Section 2]
Attorney-General’s Office
Solicitor-General
Deputy Solicitor-General
Parliamentary Counsel
Assistant Solicitor-General
Assistant Parliamentary Counsel
Principal State Counsel
Senior State Counsel
State Counsel
Chief State Attorney
Deputy Chief State Attorney
Principal State Attorney
Senior State Attorney
State Attorney
Office of the Director of Public Prosecutions
Director of Public Prosecutions
Deputy Director of Public Prosecutions
Senior Assistant Director of Public Prosecutions
Assistant Director of Public Prosecutions
Principal State Counsel
Senior State Counsel
State Counsel
Chief State Attorney
Deputy Chief State Attorney
Principal State Attorney
Senior State Attorney
State Attorney
SECOND SCHEDULE
[Section 5]
VOCATIONAL COURSE
SUBJECTS
PART I – Prospective law practitioners
Conferencing
Drafting of legal documents
Ethics
Opinion writing
PART II – Prospective barristers and attorneys
Administrative and constitutional law
Advocacy
Arbitration and mediation
Civil Procedure
Commercial and business law
Criminal Procedure
Evidence
Family law
PART III – Prospective notaries
Civil Procedure
Commercial and business law
Practical aspects of family law
Practical aspects of the law of immovable property
Rédaction des actes
Responsabilité notariale
Revenue and Taxation Laws
Tenue de l’office notarial
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BY AUTHORITY: THE GOVERNMENT PRINTER, LA TOUR KOENIG 100/11/11 – 1366
THE LAW PRACTITIONERS (AMENDMENT)
ACT 2011
Act No. 30 of 2011
I assent
SIR ANEROOD JUGNAUTH
11th November 2011 President of the Republic
___________
ARRANGEMENT OF SECTIONS
Section
1. Short title
2. Interpretation
3. Section 2 of principal Act amended
4. Section 4 of principal Act repealed and replaced
5. Section 5 of principal Act repealed and replaced
6. New section 5A inserted in principal Act
7. Section 8 of principal Act amended
8. Section 9A of principal Act amended
9. New sections 9B and 9C inserted in principal Act
10. Section 10 of principal Act amended
11. Section 11 of principal Act repealed and replaced
12. New section 11A inserted in principal Act
13. Section 12 of principal Act repealed and replaced
14. New section 12A inserted in principal Act
15. Section 21 of principal Act amended
16. New section 21A inserted in principal Act
17. Section 22 of principal Act amended
18. Schedule added to principal Act
19. Consequential amendment
20. Transitional provision and savings
21. Commencement
SCHEDULE
_______________
An Act
To amend the Law Practitioners Act
ENACTED by the Parliament of Mauritius, as follows –
1. Short title
This Act may be cited as the Law Practitioners (Amendment)
Act 2011.
2. Interpretation
In this Act –
“principal Act” means the Law Practitioners Act.
3. Section 2 of principal Act amended
Section 2 of the principal Act is amended –
(a) by deleting the definitions of “certificate of competency” and
“Council”;
(b) in the definition of “law practitioner”, by inserting, after the
words “entered on”, the words “, and not been erased from,”;
(c) in the definition of “Legal Secretary”, by inserting, after the
words “public office of”, the words “Chief Legal Secretary,
Legal Secretary or Assistant”;
(d) in the definition of “signing practitioner”, by deleting the
semicolon and replacing it by a full stop;
(e) by inserting, in the proper alphabetical order, the following
new definitions –
“accredited person” means the University of Mauritius or a
person who is the holder of an authorisation granted under
section 12A(3);
“applicant” means a person who has applied, or intends to
apply, to be admitted as a law practitioner;
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“Board” means the Judicial and Legal Studies Board referred
to in section 7 of the Institute for Judicial and Legal Studies
Act 2011;
“Continuing Professional Development Programme” means a
Programme devised, organised and conducted under section
9B;
“Council” means the Council for Vocational Legal Education
established under section 11;
“Institute” means the Institute for Judicial and Legal Studies
established under the Institute for Judicial and Legal Studies
Act 2011;
“law degree” means a degree in law awarded, following a
course of studies for such period and at such level as may be
prescribed under section 22(1)(c), by –
(a) the University of Mauritius;
(b) a university in the United Kingdom; or
(c) such university or other tertiary education institution in
Mauritius, the United States, another Commonwealth
country or a civil law State, as may be approved by the
Council;
“legal officer” means an officer who holds an office specified
in the First Schedule and includes the Chief Legal Secretary,
the Legal Secretary and the Assistant Legal Secretary;
“professional qualification” means an attestation, in such form
as the Council may approve, to the effect that a person who
holds a law degree has a qualification as, or equivalent to that
of, barrister entitling him to practise in England and Wales,
Australia, New Zealand, Canada or France;
“pupil master” means a person designated as such by the
Council under section 5A(2);
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“Secretary” means the person appointed as such under section
11A;
“vocational course” means the course referred to in section
4(2)(a)(iii)(B) and enabling a person to qualify as a law
practitioner;
“Vocational Examinations Board” means the Board set up
under section 11B.
4. Section 4 of principal Act repealed and replaced
Section 4 of the principal Act is repealed and replaced by the
following section –
4. Qualifications of law practitioners
(1) Any citizen of Mauritius may apply for admission to
practise law in Mauritius under section 6 where he satisfies the
requirements of subsection (2).
(2) The requirements of this subsection are that an applicant
shall have –
(a) (i) in the case of a prospective barrister who
qualified as such in a State other than
Mauritius, a professional qualification;
(ii) in the case of every other prospective
barrister or every prospective attorney –
(A) been awarded a law degree;
(B) completed the vocational course in
accordance with section 5; and
(C) sat for and passed an examination
conducted by the Vocational
Examinations Board;
562 Acts 2011
(iii) in the case of a prospective notary –
(A) the qualifications referred to in
subparagraph (ii);
(B) attained the age of 25 years; and
(C) been authorised by the Prime
Minister, after consultation with the
Attorney-General, to apply for
admission; and
(b) in every case, undergone pupillage and, in the case of a
prospective barrister referred to in paragraph (a)(i),
followed a prescribed course of training in accordance
with section 5A(6).
5. Section 5 of principal Act repealed and replaced
Section 5 of the principal Act is repealed and replaced by the
following section –
5. Vocational course
An applicant shall, for the purpose of section 4(2)(a)(ii)(B),
have completed the vocational course where he has –
(a) followed such course as may be approved by the
Council and conducted by an accredited person, in the
subjects specified in the Second Schedule; and
(b) satisfied the Council of his proficiency in the subjects
specified in the Second Schedule, following such oral
and written examinations as the Vocational
Examinations Board may conduct.
6. New section 5A inserted in principal Act
The principal Act is amended by inserting, after section 5, the
following new section –
5A. Pupillage
(1) (a) The Council shall, after consultation with the Bar
Council, the Mauritius Law Society Council or the Chamber of
Notaries, as the case may be, for the purpose of determining whether
a law practitioner is able to provide the required amenities and
training to be a pupil master, draw up and keep under review a list of
law practitioners of not less than 15 years’ standing, from each of the
3 branches of the profession, who may be pupil masters.
(b) The Council may –
(i) proprio motu remove a person’s name; or
(ii) at a pupil master’s request, remove his
name,
from the list.
(2) Subject to subsections (4), (5) and (6), pupillage shall,
for the purposes of sections 4 and 21(4), consist –
(a) in the case of a prospective barrister –
(i) who qualified in Mauritius, of attachment
to –
(A) the chambers of a barrister for
9 months; or
(B) the chambers of a barrister for
3 months and a barrister in a law
firm for 6 months,
and the office of an attorney for 3months; or
(ii) who qualified as such in England and
Wales,Australia, New Zealand, Canada or
France –
(A) of attachment for a period of not
less than 12 months to the chambers
of a barrister of not less than 15
years’ standing in the State in which
he qualified; or
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(B) of attachment for an aggregate
period of not less than 9 months to
the chambers of one or more
barrister of not less than 15 years’
standing in Mauritius, England and
Wales, Australia, New Zealand,
Canada or France, and of
attachment for a consecutive period
of not less than 3 months to the
office of an attorney in Mauritius;
(b) in the case of a prospective attorney, of articleship
in, or attachment to, the office of an attorney in
Mauritius, or to an attorney in a law firm in
Mauritius, for 12 months; and
(c) in the case of a prospective notary, of articleship
in, or attachment to, the office of a notary in
Mauritius for 24 months,
under the supervision of a pupil master designated by the Council
with the consent of the pupil master and the pupil, where pupillage
is undergone in Mauritius, and a pupil master proposed by the pupil
and approved by the Council, where pupillage is undergone outside
Mauritius.
(3) The duties of a pupil master shall be to –
(a) ensure that the applicant is in attendance for such
aggregate number of hours per week as may be
determined by the Council;
(b) provide him with the necessary assistance and
guidance in the completion of his preparation
before he is able to practise;
(c) in the case of a prospective barrister or attorney,
make him familiar with proceedings in Court;
(d) give the applicant the necessary and appropriate
opportunity to interact with clients; and
Acts 2011 565
(e) provide the Council with a comprehensive report,
in such form and manner as the Council may
require, on the applicant’s performance during
pupillage.
(4) A period of permanent employment of a prospective
barrister or attorney as a Legal Assistant, or in such other office as
may be prescribed, in theAttorney-General’s Office or the Office of
the Director of Public Prosecutions, or in the Judicial Department as
a Court Officer, shall be deemed to be pupillage, for the period
determined under subsection (2) or part of it, as the case may be.
(5) Where the Council is satisfied that there are no facilities
available for pupillage in the case of an applicant, it may authorise
him to undergo such other form of training as it may specify, instead
of pupillage.
(6) (a) Every prospective barrister who holds a
professional qualification and who undergoes pupillage inMauritius
shall, during his period of pupillage, follow, to the satisfaction of the
Council, a course of training conducted by the Institute in such
subjects as may, in the Council’s opinion, be necessary to enable him
to practise in Mauritius.
(b) Where a prospective barrister who holds a
professional qualification undergoes pupillage in England andWales,
Australia, New Zealand, Canada or France, the course of training
referred to in paragraph (a) shall be followed before he takes the oath
of office to be admitted to practise law in Mauritius.
(c) A person referred to in paragraph (a) or (b) shall
not be required to sit for any examination.
7. Section 8 of principal Act amended
Section 8 of the principal Act is amended, in subsection (1), by
inserting, after the words “he shall”, the words “, subject to section 15,”.
8. Section 9A of principal Act amended
Section 9A of the principal Act is amended –
(a) by numbering the existing provision as subsection (1);
(b) in the newly numbered subsection (1), by inserting, before the
words “on the recommendation”, the words “subject to
subsection (2) and”; and
(c) by adding the following new subsection –
(2) No barrister or attorney shall be appointed
pursuant to subsection (1) unless he is, and has been, a barrister
or an attorney of not less than 15 years’ standing.
9. New sections 9B and 9C inserted in principal Act
The principal Act is amended by inserting, after section 9A, the
following new sections –
9B. Continuing Professional Development
(1) The Institute shall devise, organise and conduct
Continuing Professional Development Programmes for each of the
three branches of the legal profession with a view to broadening the
knowledge of law practitioners and legal officers, keeping them
abreast of developments in the law, encouraging them to share
experiences and enhancing their professional skills.
(2) AProgramme referred to in subsection (1) may include
attendance at such lectures, workshops or seminars, as may be
approved by the Institute.
(3) Every law practitioner and legal officer shall, in every
year, participate in a Continuing Professional Development
Programme for the prescribed number of hours unless he is excused
by the Chief Justice for reasons such as age or ill health.
(4) Notwithstanding section 13, where a person referred to
in subsection (3) fails, without reasonable excuse, to follow a
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Acts 2011 567
Continuing Professional Development Programme, the Institute
may –
(a) in the case of a legal officer, report the matter to
the Judicial and Legal Service Commission; and
(b) in the case of a law practitioner, refer the matter
to the Chief Justice who may –
(A) issue a written warning to him; or
(B) suspend his right to practise for a period
not exceeding one year.
9C. Courses for prospective judicial and legal officers
(1) Any person who wishes to be considered for
appointment as a Judge, Magistrate or legal officer shall follow a
course referred to in subsection (2), which shall be approved by the
Judicial and Legal Service Commission.
(2) The Institute shall devise one or more courses with a
view to enabling persons referred to in subsection (1) to familiarise
themselves with the duties which they will be required to perform in
the office to which they wish to be appointed.
(3) Where a person has followed a course in accordance
with this section, the Institute shall forward to the Judicial and Legal
Service Commission a report on the person’s attendance and
performance.
10. Section 10 of principal Act amended
Section 10 of the principal Act is amended by –
(a) repealing subsection (3) and replacing it by the following
subsection –
(3) The Supreme Court –
(a) may, on its own motion or an application
by the person concerned, and after making
such enquiry as it thinks fit –
(i) amend an entry on the Roll;
(ii) remove the name of a person from the Roll
following an order made under section 14
or where the person has ceased to be a
member of a body referred to in section
3(1)(b);
(b) may cause the name of a person which has been
removed from the Roll to be restored on the Roll.
(4) The Supreme Court shall, for the purposes of this Act,
keep a list of –
(a) barristers in private practice;
(b) legal officers;
(c) law firms and law practitioners employed by
them;
(d) law practitioners in employment; and
(e) legal consultants.
11. Section 11 of principal Act repealed and replaced
Section 11 of the principal Act is repealed and replaced by the
following subsection –
11. Establishment of Council
(1) There is established for the purposes of this Act a
Council for Vocational Legal Education, which shall be a body
corporate.
(2) The Council shall consist of –
(a) a Chairperson, who shall be a person who holds
or has held judicial office, a law practitioner or a
legal officer of not less than 10 years’ standing, or
a person who has proven ability and experience
in legal education, to be appointed by the Chief
Justice, after consultation with the Attorney-
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Acts 2011 569
General and such other persons as he may deem
fit;
(b) the Registrar;
(c) the Solicitor-General or his representative;
(d) the Director of Public Prosecutions or his
representative;
(e) a member of the academic staff of the Faculty of
Law of the University ofMauritius designated by
the Vice-Chancellor of the University;
(f) 3 law practitioners, to be appointed by the
Attorney-General;
(g) such other persons, not exceeding 3 in number,
as the Chief Justice may, after consultation with
the Chairperson, co-opt on the Council either
generally or for any specific purpose.
(3) (a) The persons referred to in subsection (2)(f)
shall –
(i) be law practitioners of not less than
10 years’ standing; and
(ii) include a barrister, an attorney and a notary
appointed on the recommendation of the
Bar Council, the Mauritius Law Society
Council or the Chamber of Notaries,
respectively.
(b) Every member, other than the members referred
to in subsection (2)(b), (c) and (d), shall hold office for 2 years but
shall be eligible for re-appointment.
(4) (a) Where a vacancy occurs in the membership of the
Council, the vacancy shall, in the case of a person appointed under
subsection (2)(a) or (f), be filled by a person appointed by the Chief
Justice or the Attorney-General, as the case may be, in accordance
with subsection (2).
570 Acts 2011
(b) The person appointed under paragraph (a) shall
hold office for the remainder of the term of office of the member
whom he is replacing.
(5) (a) The Council shall meet as often as is necessary at
such place and time as the Chairperson thinks fit.
(b) The Secretary shall convene a meeting of the
Council on a request made by not less than 4 members.
(c) At a meeting of the Council, 5 members shall
constitute a quorum.
(6) Every member shall be paid such allowance as the Chief
Justice may determine.
12. New sections 11A and 11B inserted in principal Act
The principal Act is amended by inserting, after section 11, the
following new sections –
11A. Secretariat of Council
(1) The Council shall, on such terms and conditions as it
may determine, appoint a Secretary to the Council.
(2) (a) There shall be such public officers designated by
the Registrar as may, in the opinion of the Council, be necessary to
assist the Secretary.
(b) Every person referred to in paragraph (a) shall be
under the administrative control of the Secretary.
(3) The Secretary shall –
(a) be the chief executive officer of the Council;
(b) act in accordance with such directions as he may
receive from the Chairperson; and
(c) ensure that assistance and guidance are available
to law students at all reasonable times.
(4) Service of process on or on behalf of the Secretary shall
be deemed to be service on or by the Council.
(5) The Council may pay to a person referred to in
subsection (2) such allowance as it thinks fit.
11B. Vocational Examinations Board
(1) The Council shall every year set up a Vocational
Examinations Board for the purpose of organising and conducting
the vocational examinations on behalf of the Council.
(2) The Vocational Examinations Board shall consist of –
(a) 2 representatives of the Council;
(b) a member of the Faculty of Law of the University
of Mauritius;
(c) not more than 3 representatives of accredited
persons other than the University of Mauritius;
(d) 2 examiners from foreign recognised institutions.
13. Section 12 of principal Act repealed and replaced
Section 12 of the principal Act is repealed and replaced by the
following section –
12. Functions and powers of Council
The Council shall –
(a) be responsible for the granting of an authorisation to run
a vocational course;
(b) supervise vocational courses and organise, through the
Vocational Examinations Board, oral or written
examinations for prospective law practitioners;
(c) after consultation with the appropriate professional
body, draw up and keep under review a list of law
practitioners of not less than 15 years’ standing who are
Acts 2011 571
able to provide the required amenities and training to be
pupil masters; and
(d) where appropriate, formulate and cause to be published
in the Gazette a Code of Ethics for any of the three
branches of the profession.
14. New section 12A inserted in principal Act
The principal Act is amended by inserting, after section 12, the
following new section –
12A. Accredited persons
(1) No person, other than an accredited person, shall run a
vocational course, or hold himself out, by advertisement or otherwise,
as being a person who runs or is entitled to run a vocational course.
(2) Any person, other than the University of Mauritius,
wishing to be an accredited person shall make a written request to
the Council, accompanied by the prescribed application fee, and
furnish to the Council such information as the Council may require
regarding his or its ability to run a vocational course.
(3) The Council shall, on receipt of a request under
subsection (2), make such enquiry as it thinks fit and may, on
payment of the prescribed accreditation fee, authorise the person to
run such vocational courses as it may approve.
(4) An accredited person shall, where required by the
Council to do so, run a vocational course in accordance with
section 5.
(5) An accredited person, other than the University of
Mauritius, shall not require any person to pay a fee in excess of such
amount as may be prescribed for the purpose of following a
vocational course.
(6) The Council may, where an accredited person other than
the University of Mauritius contravenes subsection (4) or (5),
572 Acts 2011
suspend or revoke an authorisation granted pursuant to
subsection (3).
(7) Where an accredited person runs a vocational course,
the Council may –
(a) require the accredited person to submit its
syllabus or programme to it for approval; and
(b) make such arrangements as it thinks fit to
supervise the running of the course.
15. Section 21 of principal Act amended
Section 21 of the principal Act is amended by adding the following
new subsection –
(4) (a) Notwithstanding sections 3 and 6, a prospective
barrister or attorney who has completed 6 months of pupillage
may, in the presence of his pupil master, represent his pupil master’s
client at any stage of any proceedings before a Magistrate other
than –
(i) a trial on the merits;
(ii) arguments on a matter of law; or
(iii) submissions at the end of a case.
(b) Every pupil master shall ensure that a prospective
barrister or attorney who is his pupil is suitably attired for the
purposes of paragraph (a).
16. New section 21A inserted in principal Act
The principal Act is amended by inserting, after section 21, the
following new section –
21A. Access to Courts and Library
(1) Every prospective law practitioner shall, on payment of
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574 Acts 2011
the prescribed fee, be issued by the Council with a means of
identification showing that he is following a vocational course or
undergoing pupillage, which he may be required to produce for the
purposes of subsection (2).
(2) The Registrar shall make appropriate arrangements in
order that –
(a) a person following a vocational course may have
access to the Supreme Court Library –
(i) up to 9.30 a.m. and after 3.30 p.m. on week
days; and
(ii) during opening hours on Saturdays; and
(b) a prospective law practitioner undergoing
pupillage may have access –
(i) to the Supreme Court Library; and
(ii) in the case of a prospective barrister or
attorney, to the places in a Court reserved
for barristers or attorneys where he is
representing his pupil master’s client in
accordance with section 21(4).
17. Section 22 of principal Act amended
Section 22 of the principal Act is amended, in subsection (1), by
repealing paragraph (c) and replacing it by the following paragraph –
(c) in relation to any other matter, including an amendment
of the Schedule, by the Council, with the approval of
the Attorney-General.
18. Schedule added to principal Act
The principal Act is amended by adding the First and Second
Schedules set out in the Schedule to this Act.
Acts 2011 575
19. Consequential amendment
The Tertiary Education Commission Act is amended in –
(a) section 2, by inserting, in the proper alphabetical order, the
following new definitions –
“programmes” does not include vocational course;
“vocational course” has the same meaning as in the Law
Practitioners Act.
(b) section 6 –
(i) by numbering the existing provision as subsection (1);
and
(ii) by adding the following new subsection –
(2) Without prejudice to section 2 of thisAct, in this
section, “programmes” includes vocational course.
20. Transitional provision and savings
(1) Where, at the commencement of this Act, the Council is
satisfied that a prospective law practitioner has, in accordance with the
repealed section 4 of the principalAct, started undergoing pupillage, it may,
subject to such conditions as it thinks fit, authorise him to continue and
complete his pupillage which shall be deemed to be pupillage for the
purposes of section 5A.
(2) Any certificate issued or approval given by the former Council
before the commencement of this Act shall, at the commencement of this
Act, be deemed to have been issued or given by the Council.
(3) All assets and liabilities of the former Council shall, at the
commencement of this Act, vest in the Council.
(4) Every agreement and instrument to which the former Council
was a party or which affected the former Council shall, at the
commencement of this Act, have effect as if the Council were a party to it
or affected by it instead of the former Council.
576 Acts 2011
(5) Any proceedings pending immediately before the
commencement of thisAct to which the former Council was a party may be
continued as if the Council was a party to these proceedings instead of the
former Council.
(6) Any Code of Ethics made by the former Council and which is
in force at the commencement of this Act shall be deemed to have been
made by the Council.
(7) Where thisAct does not make provision for any transition, the
Attorney-General, or the Council with the approval of theAttorney-General,
may make such regulations as may be necessary for such transition.
(8) The members of the former Council shall, at the
commencement of this Act, be deemed to be members of the Council and
continue as such for the remainder of their term of office.
(9) All employees of the former Council shall, at the
commencement of this Act, become employees of the Council.
(10) In this section –
“Council” means the Council for Vocational Legal Education
established under section 11;
“former Council” means the Council of Legal Education
established under the repealed section 11 of the principalAct.
21. Commencement
(1) Subject to subsection (2), this Act shall come into operation
on a date to be fixed by Proclamation.
(2) Different dates may be fixed for the coming into operation of
different sections of this Act.
Passed by the National Assembly on the eighteenth day of October
two thousand and eleven.
Ram Ranjit Dowlutta
Clerk of the National Assembly
Acts 2011 577
SCHEDULE
[Section 18]
FIRST SCHEDULE
[Section 2]
Attorney-General’s Office
Solicitor-General
Deputy Solicitor-General
Parliamentary Counsel
Assistant Solicitor-General
Assistant Parliamentary Counsel
Principal State Counsel
Senior State Counsel
State Counsel
Chief State Attorney
Deputy Chief State Attorney
Principal State Attorney
Senior State Attorney
State Attorney
Office of the Director of Public Prosecutions
Director of Public Prosecutions
Deputy Director of Public Prosecutions
Senior Assistant Director of Public Prosecutions
Assistant Director of Public Prosecutions
Principal State Counsel
Senior State Counsel
State Counsel
Chief State Attorney
Deputy Chief State Attorney
Principal State Attorney
Senior State Attorney
State Attorney
SECOND SCHEDULE
[Section 5]
VOCATIONAL COURSE
SUBJECTS
PART I – Prospective law practitioners
Conferencing
Drafting of legal documents
Ethics
Opinion writing
PART II – Prospective barristers and attorneys
Administrative and constitutional law
Advocacy
Arbitration and mediation
Civil Procedure
Commercial and business law
Criminal Procedure
Evidence
Family law
PART III – Prospective notaries
Civil Procedure
Commercial and business law
Practical aspects of family law
Practical aspects of the law of immovable property
Rédaction des actes
Responsabilité notariale
Revenue and Taxation Laws
Tenue de l’office notarial
578 Acts 2011
BY AUTHORITY: THE GOVERNMENT PRINTER, LA TOUR KOENIG 100/11/11 – 1366
