Mauritius: Party registration

Updated July 2006

The registration of political parties is provided for in the Constitution of Mauritius (1968, First Schedule 2). Parties and party alliances are required to register with the Electoral Supervisory Commission (ESC), for each election, 14 days before nomination day (Constitution of Mauritius 1968, First Schedule, 2(1)). There is no requirement that those standing for election must be members of political parties. The registration process is aimed at ensuring that the ESC is able to couple the names of candidates with their political parties on the ballot sheets and to facilitate the replacement of member for best-loser seats that have become vacant (See Constitution of Mauritius 1968, First Schedule, 2(2)-(4)).

The registration details are fleshed out by the National Assembly Elections Regulations (Act 12/68) of 1968 ("Regulations 1968"), sections 7-10. The regulations provide, contrary to the provisions above, that registration must be made at least 10 days before nomination day (Regulations 1968, 7(1)). The president, chairperson or secretary of a party, authorised by the party executive committee, is required to sign a form before the Electoral Commissioner. In the case of a party alliance the form must be signed by all parties concerned and minutes must be provided of the executive committee meetings authorising the alliance. Exception is made for parties and alliances on Rodrigues, where the process is overseen by the returning officer (Regulations 1968, 7(2)). The ESC is required to main a register of parties and to publish notices of registration in the Gazette (Regulations 1968, 8).

If the ESC believes that the names of parties or alliances are too similar to one another, so as to cause confusion to the electorate, it is empowered to register the name of the party or alliance it believes the electorate will associate with that party and register the other under another name (Regulations 1968, 9(1)). Parties are to be given written notice of registration decisions by an usher of the Supreme Court (Regulations 1968, 9(1)). Parties who object to a registration decision may appeal to the Supreme Court (Regulations 1968, 9(2)-(5)). Bunwaree and Kasenally observe (2005, 13), "These registration rules and regulations apply solely during election periods, outside of which political parties are completely unregulated and the only form of regulation emanates from within the party itself".

References

BUNWAREE, S & KASENALLY, R 2005, Political Parties and Democracy in Mauritius [PDF document], EISA.

CONSTITUTION OF THE REPUBLIC OF MAURITIUS 1968, [www] http://www.gov.mu/portal/site/AssemblySite/menuitem.ee3d58b2c32c60451251701065c521ca/ [opens new window] (accessed 24 Oct 2007).

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).