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Commission of Inquiry on the violation of the Constitution and any other laws

PRESS COMMUNIQUE
COMMISSION OF INQUIRY ON THE VIOLATION OF THE CONSTITUTION AND ANY OTHER LAWS BY MRS AMEENAH GURIB-FAKIM, FORMER PRESIDENT OF THE REPUBLIC
A Commission of Inquiry has been set up to –
1.       inquire into and report on all the circumstances related to-
 
(a)     the purported appointment of a Commission of Inquiry by Mrs Ameenah Gurib-Fakim, former President of the Republic, on or about the 16 March 2018;
 
(b)     the non-compliance with the constitutional and legal provisions and the established administrative procedures applicable to the appointment of the above Commission of Inquiry;
 
(c)     any act, including any attempt by any person acting de concert or alone, in relation to the setting up of the aforesaid Commission of Inquiry, to usurp the powers of the Executive or the public functions of any other person or authority in breach of the Constitution or any other law;
 
(d)     the involvement, direct or indirect, of any person including any law practitioner, in drafting, advising or participation in relation to the appointment of the said Commission of Inquiry which may be in breach of the Constitution or any other legal provisions;
 
(e)     the resignation of Mrs Ameenah Gurib-Fakim as President of the Republic , in particular, but not limited to the unlawful, improper or indecorous use of the Office of the President; and other matters directly related thereto.
 
2.       make recommendations, as appropriate, in respect of the provisions under Chapter IV of the Constitution relating to the removal and suspension of a President or Vice-President including the appropriateness of the mechanism of a Tribunal for such removal in order to ensure the proper and uninterrupted functioning of the institutions of democracy and the rule of law in conformity with the Constitution;
 
3.       make recommendations, as appropriate, with regard to the immunity from legal proceedings against the President or the Vice-President with a view to reinforcing the rule of law, the concept of separation of powers and consolidating the democratic principles enshrined in the Constitution; and
 
4.       make any other recommendations for legislative measures and/or review of the Constitutional provisions which may be warranted in the light of the findings of this Commission of Inquiry.
The Commission is comprised of Hon Asraf Ally Caunhye as Chairperson and Hon Mrs Nirmala Devat and Hon Mrs Gaitree Jugessur-Manna, as Commissioners and will sit in public at the Supreme Court, Port Louis on week days as from 6 August 2018.
 
The Commission invites members of the public at large who wish to submit information on the subject or who would like to come and give evidence before the Commission, to inform the Secretary of the Commission in writing, together with a brief statement on the subject they intend to give evidence on, as far as possible, by end of July 2018 at the hereunder address:
 
Mrs Premila S-Gopynauth,
Secretary, Commission of Inquiry on the violation of the Constitution and any other laws by Mrs Ameenah Gurib-Fakim, former President of the Republic,
3rd Floor, Supreme Court,
Port Louis.
 
All persons who wish to be heard by the Commission will be required to give their full address (professional, residential or electronic) and a contact number so that they be informed by the Commission of the date and time at which they will be required to give their evidence.
 
For any further information, please contact the Secretary on Tel. Nos. 2075738/2075840 or by mail to the following address: pgopynauth@govmu.org
 
27 June 2018                                                                                                   Commission of Inquiry on the violation of the Constitution and any other laws by Mrs Ameenah Gurib-Fakim, former President of the Republic