Mauritius: Electoral Supervisory Commission

Updated May 2010

The Electoral Supervisory Commission (ESC) is established by the Constitution of the Republic of Mauritius 1968, Section 38(2), and has the general responsibility for and supervision of the registration of electors for the election of members of the Assembly as well as the election of such members.

Composition

The composition of the ESC is determined by the Constitution 1968, Section 38(2) and consists of a Chairperson and not less than two or more than seven members. The President makes the appointments, acting in accordance with the advice of the Prime Minister, after the latter has consulted with the Leader of the Opposition. The members are not allowed to be a member of, or candidate for election to the Assembly or any local authority, or be a public officer or local government officer.

Term of office

Five years (Constitution 1968 38(4)(a)).

Functions

The functions of the ESC, as laid out in the Constitution 1968, Section 41, are:

  • To supervise the registration of voters and to supervise the conduct of elections of members of the National Assembly or other elections that may be prescribed.
  • To comment on Bills, regulation or other legal instruments relating to the registration of voters or the election of members of the National Assembly or other elections that may be prescribed. All these instruments must be referred to the ESC for study before being enacted.
  • To make reports to the President concerning the matters under its supervision, or any draft Bill or instrument that is referred to it.

These functions relate closely to the work of the Electoral Commissioner who executes the decisions of the ESC. Other duties of the ESC, in the preparation for and conduct of elections include:

  • The registration of parties and party alliances, which is undertaken afresh for each election 14 days before nomination day (Constitution of Mauritius 1968, First Schedule, 2(1); National Assembly Elections Regulations (Act 12/68) of 1968, sections 7-10).
  • The allocation of the additional ("best loser") seats in the National Assembly according (Constitution of Mauritius 1968, First Schedule, 5; National Assembly Elections Regulations (Act 12/68) of 1968, section 65).

Members

The members are the same as for the Electoral Boundaries Commission:

  • Mr Yusuf H Aboobaker, CSK, SC (Chairperson)
  • Mr Désiré Basset, SC
  • Mr Pramahunse Bissessur
  • Mrs Narghis Bundhun
  • Dr Charles Yip Tong
  • Mr Oograssen Devpal Cowreea
  • Mr Georges André Robert

Mrs CR Seewooruthun is the Secretary to the ESC.

Funding and expenditure

The Electoral Supervisory Commission receives an annual allocation from the government earmarked and voted for in the budget. See Cost of elections for a discussion of expenditures.

Sachs Report electoral bodies and parties

Extracted from: Rouikaya Kasenally 2009 "Chapter 8: Mauritius" IN Denis Kadima and Susan Booysen (eds) Compendium of Elections in Southern Africa 1989-2009: 20 Years of Multiparty Democracy, EISA, Johannesburg, 277-278.

However, the Sachs Report [2001] emphasised the urgent need to streamline, enhance and strengthen the electoral bodies (ESC and EBC). This was subsequently reinforced by the two select committees set up by government in 2004 (Recommendation on Sachs Report and Funding of Political Parties). In fact, there were a whole series of recommendations made, ranging from empowering the electoral bodies to regulate and monitor political parties finances during elections, to enforcing a code of conduct for political parties as well as encouraging the electoral bodies to invest more significantly in voter education. A number of observers believe that the electoral bodies must have functions and responsibilities beyond elections so that they can regulate, monitor and enforce the various rules in a more sustained manner. It is expected that these changes would be implemented as part of electoral reform.

References

CONSTITUTION OF THE REPUBLIC OF MAURITIUS 1968, [www] http://www.gov.mu/portal/site/AssemblySite/menuitem.ee3d58b2c32c60451251701065c521ca/ [opens new window] (accessed 22 Feb 2010).

NATIONAL ASSEMBLY ELECTIONS REGULATIONS (ACT 12/68) OF 1968, [www] http://www.gov.mu/portal/goc/eco/file/naereg68.rtf [MS Word document] (accessed 24 Oct 2007).

SACHS COMMISSION 2001 Report of the Commission on Constitutional and Electoral Reform 2001/02, [www] http://www.gov.mu/portal/goc/pmo/file/reform.doc [MS Word document] (accessed 22 Feb 2010).