MAURITIUS BAR ASSOCIATION

BAR COUNCIL
Chairman: Herve Louis Charles Denis Duval SC Vice-Chairman: The Honourable Attorney General
Secretary: Yahia Nazroo Treasurer: Varuna R Bunwaree Goburdhun
Members:Yanilla Moonshiram, Arvin Halkhoree and Anusha Rawoah (Co-Opted)

1. The Bar Council has taken note of the amendments to the Mauritius Bar Association Act,
voted by Parliament in the early hours of this morning.

2. The Bar Council refers to the following provisions of our law and the Code of Ethics for
Barristers:

2.1 Article 69 (3) of the Constitution provides that “No person shall be qualified to hold
office of Attorney‐General unless he is entitled to practise as a barrister in Mauritius”.

2.2 Sections 3(1)(a) & (b)(i) of the Law Practitioners Act 1984 “LPA” read conjunctively
provide that “Subject to this Act, no person shall provide legal services unless his name
has been entered on the Roll as a barrister and he is a member in the case of a
barrister, of the Mauritius Bar Association”

2.3 Section 2(2) of the Mauritius Bar Association Act provides that “Every barrister shall
be a member of the Association”. Section 12 of the same Act provides that every
barrister shall comply with the code of ethics for barristers prescribed by the Council
of Vocational Legal Education.

2.4 Section 7 of the Law Officers Act provides that “Every law officer shall have and enjoy
all the rights and privileges of a barrister entitled to practise in Mauritius”.

2.5 Code 3.1 of the Code of Ethics for Barristers provide that: “The many duties to which a
barrister is subject require his absolute independence, free from all other influence,
especially such as may arise from his personal interests or external pressure; such
independence as is necessary to create trust in the process of justice as the impartiality
of the judge. A barrister shall, therefore, avoid any impairment of his independence
and be careful not to compromise his professional standards in order to please his
client, the Court or third parties”.

3. In the light of the above provisions, the Bar Council considers that the Attorney General and
every law officer are duty bound, as barristers, to assert their independence from the
Executive in the discharge of their constitutional responsibilities as legal advisers to the
Government of Mauritius.

4. In the case of law officers, the Bar Council considers that everyone who enjoys all the rights
and privileges of a barrister must be bound by all the obligations of a barrister.

5. The Bar Council regrets that the timing and the nature of the amendments to the Mauritius
Bar Association Act, without any prior consultation with the Association, may lead the fair‐
minded observer to infer that the Executive wishes to dissociate itself from the efforts of
 the Bar Council to restore respect within and for the Association and the legal profession as
a whole; efforts which are epitomised by the 3 i’s Initiative – Integrity, Independence and
Innovation.

6. The Bar Council has also taken note of the suggestions, echoed in the media, to the effect
that the Bar Council is purporting to confer upon itself further disciplinary powers by making
new rules, and in so doing is purportedly acting hurriedly, arbitrarily and illegally.

7. The Bar Council wishes to place on record and draw attention to the following:

7.1 The Bar Council was established under Section 5(1) of the Mauritius Bar Association Act,
hereinafter “the Act”, for the purpose of “exercising any of the powers conferred on the
Association under this Act, amongst others.

7.2 Section 9(g) of the Act empowers the Council to make rules “generally for the purposes of
the purposes of this Act”.

7.3 Since March 2018, the Bar Council has engaged in a consultation process which has led to
the drafting of rules which deal, amongst other things, with the powers of the Council under
Section 13(4) of the Act namely that “The Council may determine that any member of the
Association who has been sanctioned for a breach of etiquette shall be suspended or
removed from membership of the Association”.

7.4 The Council has circulated the draft rules to the members of its Ethics Committee on the 2nd
August 2018 and subsequently to all the members of the Association for consultation.

7.5 On the 18th October 2018, as part of its consultation process, the Council invited all its
members to attend a presentation of the 3 I’s Initiative and share their views and comments
on the draft rules.

7.6 More than 115 members attended the informative meeting. No one expressed any concern
about the legality of the meeting and the issue of voting never arose since no one gave the
impression of being confused about the nature of the meeting.

7.7 There were concerns expressed, mainly about interim suspensions, and suggestions were
made about the draft rules generally before and at the said meeting, of which the Council
has taken due note. The rules are yet to be finalised.

8. The Council wishes to remind one and all that the decision to suspend a member ultimately
rest with the Members of the Association at the general assembly; Indeed Section 13(5) of
the Act provides that any member sanctioned by the Council for a breach of the Code of
Ethics may appeal against the sanction by asking the Secretary to convene a special meeting
of the Association.

9. The Council regrets that, despite its best endeavours, it has not yet received the support of
the Attorney General, and through him of the Executive, in relation to the 3 i’s Initiative and
that the Council’s calls for a holistic review of the laws regulating the practice of law appears
not to have been heard.

10. The Council considers that it is urgent and necessary to address any harmful perception that
may result from the latest amendments to the Mauritius Bar Association Act and hereby
formally appeals to the Attorney General, and through him to the Executive, to meaningfully
 consult with the Association and to embrace the 3 i’s initiative with a view to making it a
national initiative.

THE COUNCIL
31st October 2018

4th floor, Court View Building, Pope Hennessy Street, Port Louis – Mauritius
Tel: (230)213-9130 Fax (230)2139131
E-mail : mba@mba.intnet.mu
http://www.mauritiusbarassociation.com