Black Monday: Government splits over Prosecution Commission

On Monday, the PMSD party announced it is quitting the Lepep Alliance. The news created a stir in the government and the society in general. Xavier Luc Duval cited disagreements regarding the hasty introduction of constitutional amendments to pave the way for the setting up of a Prosecution Commission.

Slightly over two years since it was ushered into power following a surprise landslide victory at the last general elections held on 12 December 2014, the Lepep Alliance has come crashing down. It has known its own version of the Black Monday at the beginning of the week. In an unanticipated move, one of the partners of the ruling coalition, the Parti Mauricien Social-Democrate, decided to call it quits. 

The reason cited by the party’s leader and Deputy Prime Minister up until then, Xavier Luc Duval, is the divide over the introduction of a Prosecution Commission. The rationale behind this much decried constitutional behemoth is to render the Director of Public Prosecution (DPP) accountable towards the Commission headed by three former judges. The ruling coalition claims that no person can enjoy so much power. The DPP is a constitutional post whose independence from external influences is shielded by the Constitution. (See interview of former Attorney General Paul Chong Leung on Pg 8).

With the split, four ministers left the government within the total of 11 MPs who walked out along with Xavier Luc Duval. These posts are now up for grabs. According to the rumour mill, the majority side is trying to woo back some of the resigning MPs. However, until now only one name is being tipped, Mrs Marie Claire Monty. (Read further down).

The Prime Minister thus had to carry out a reshuffling of Cabinet positions. Five ministers received new ministerial responsibilities. These ministers will continue to occupy their respective portfolio but will also assume other ministerial functions. Ivan Collendavelloo is the new Deputy Prime Minister, and is also responsible for the Tourism portfolio.

Étienne Sinatambou will be responsible of the Ministry of Environment. His colleague Fazila Jeewa-Daureeawoo will be in charge of the Ministry of Gender Equality, Family Welfare and Child Development in addition to that of the Social Security.

Pradeep Roopun, Minister of Social Integration, will be responsible of the Ministry of Arts and Culture in parallel. Ashit Gungah will take over the Public Service portfolio. As for the Ministry of External Communications, which was attached to Tourism, it now falls under the supervision of the Prime Minister.

Sir Anerood Jugnauth 

Following the split, the Prime Minister criticized Xavier-Luc Duval in his speech at an MSM end-of-year party in Roches Noires, in constituency No. 7 (Rivière-du-Rempart/Piton) on Monday evening. Sir Anerood Jugnauth said that the objections cited by Xavier-Luc Duval regarding the Prosecution Bill flimsy. “Even if we do not have a three quarter majority, I want to debate this [Prosecution Commission Bill] in the National Assembly so that the public understands why we want to do that,” he said. SAJ revealed that his former coalition partner had asked him for some time and to reschedule the presentation of the Bill to March 2017. However, SAJ did not accept the request. 

The Prime Minister said that he is for the Prosecution Bill so as “there is at least one supervision level that can examine whether a decision of the DPP is correct or not. This is completely normal. We are not inventing anything. Paul Bérenger, when he was Prime Minister, wanted to do the same.” SAJ added that he finds it “surprising” that Xavier Luc Duval is only now having second thoughts about this Bill, when it has already debated during Cabinet meetings. Sir Anerood Jugnauth is of the opinion that the Labour Party leader Navin Ramgoolam “has fooled” Xavier Luc Duval by making him believe that he [Navin Ramgoolam] will be the next Prime Minister.

On Wednesday, SAJ commented on the statement of Xavier Luc Duval that the MSM lost face and was forced to withdraw the Prosecution Commission Bill. “I adopt the ‘wait and see’ attitude. The [Prosecution Commission] Bill is still there. He [Mr Duval] is dreaming. It has not been withdrawn. It was simply rescheduled.” The Prime Minister also announced the Cabinet reshuffle before the parliamentary debates resume in March 2017.

The reasons of the split

Leader of the Parti Mauricien Social-Democrate, Xavier-Luc Duval, along with fellow party members, decided to leave the government following a disagreement on the constitutional amendment and the creation of a Prosecution Commission. In a brief declaration to the press on Monday, the former Deputy Prime Minister stated that the decision of the government is a precipitated one and he cannot continue as such.

“My role today is to be an opposition leader and I believe in a united opposition front which is very important. When everything will be public you will know how it is a hasty one. Mauritius is a civilised country and we cannot work in such a way in a civilised country,” he said. He added that over the past two years, he and his team have worked with full integrity.

Paul BÉrenger resigns as leader of opposition

On Tuesday, leader of the MMM Paul Bérenger submitted his resignation letter to the President of the Republic. He stated that he took this decision because the PMSD has the largest number of MPs in the opposition. “The PMSD has 11 MP's and we have only six. Out of respect for Parliament and myself, I resigned. There has been no pressure on me,” he said. 

Opposition parties meet-up

Freshly appointed leader of the opposition, Xavier-Luc Duval met with the parliamentary leader of the Labour Party on Wednesday morning before the resumption of National Assembly debates. This meeting focused mainly on presenting a unified opposition front against the government action. “We stand united with the MMM and this will continue. Now the three opposition parties will work together,” Shakeel Mohamed said. Likewise, Xavier-Luc Duval met the former opposition leader Paul Berenger on Tuesday to discuss parliamentary matters. 

Wild card for Marie-Claire Monty

Elected under the PMSD banner in constituency No 4, Mrs Marie-Claire Monty might be the wild card. She is tipped as joining the majority side of the house following her party's decision to walk-out of government. Whether she will cross the floor is an uncertain matter, as the rumour mill has it that the leaders of the parliamentary majority are looking for a face-saving device by convincing a few members of the PMSD to stay put and join the ranks of government. The leader of the MSM, Mr Pravind Jugnauth, revealed that he did not meet Mrs Monty but she called him seeking explanations on the Prosecution Commission Bill.

Prosecution Commission demystified

What is the Prosecution Commission Bill all about? Why is it so controversial? Let’s have a look at the functions and powers of the bill.

As underlined in the explanatory memorandum, the objective of the bill is to make provision for the accountability of the Director of Public Prosecution through the Prosecution Commission, the issue of directions by the Prosecution Commission to the Director of Public Prosecutions, the furnishing of information by the Director of Public Prosecutions to the Prosecution Commission. What about the independence of the DPP? It is said in the bill that “except as provided in section 72A of the Constitution and this Act, the Director of Public Prosecutions shall not be subject to the direction or control of any other person or authority in the exercise of his powers under section 72 of the Constitution.”

Moreover the act shall not apply to: any criminal proceedings instituted by the Director of Public Prosecutions before any court of law more than 36 months before the commencement of this Act; criminal proceedings discontinued by the Director of Public Prosecutions, whether in person or through other persons acting in accordance with his general or specific instructions, more than 36 months before the commencement of this Act; decision of the Director of Public Prosecutions not to institute criminal proceedings more than 36 months before the commencement of this Act. In fact, the PMSD expressed reservations regarding this 36-month retroactive clause. Xavier Duval cited this as the reason of the split with the Lepep Alliance. 

What are the functions and powers of the Commission? 

1. The Commission shall, on its own initiative, or on the application of any aggrieved party, discharge its functions and powers under section 72A of the Constitution.
2. Where an application is made under subsection (1), the Commission shall endeavour to determine the application within 21 days of the date on which it receives the application.
3. Where the Commission takes more than 21 days to determine an application it shall, in its determination, state the reasons for the delay.
4. Any application under subsection (1) shall be made within 21 days of the institution or discontinuance, as the case may be, of the criminal proceedings to which the application relates or, in case of a decision not to institute criminal proceedings, of the decision not to institute criminal proceedings.
5. Notwithstanding subsection (4), any application regarding criminal proceedings instituted or discontinued or a decision not to institute criminal proceedings before the commencement of this Act shall be made before 30 September 2017.

However, if the DPP fails to comply with a direction of the Commission, furnish information to the Commission and provide a report to the Commission, he shall commit a misbehaviour.