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The
Attorney General is the principal legal adviser to the
government of Mauritius.
The
Attorney General must be a citizen of the state, a qualified
candidate for the legislative election and he must be eligible
to the office of Puisne judge in Mauritius. He is
normally an elected member of the legislative assembly.
The Attorney General is also the Minister of Justice and Human
Rights.
When
the holder of the office of the Attorney-General is not an
elected member of the National Assembly, then the only
restriction is that he is not entitled to vote in the
assembly.
All
actions made by or against the government are made in the name
of the Attorney General.
THE ATTORNEY
GENERAL'S OFFICE STRUCTURE
The
Office executes a number of functions, some of which are
highlighted below.
The
Solicitor General is the highest public officer of the
Attorney general's Office. He advises the State and the
various departments; handles major litigation in which the
State, its agencies, or officers, is a party. This
includes defending the Sate in the different courts as well as
filing suits on behalf of the State.
The
powers of the Director of Public Prosecutions is set out at
section 72 of the Constitution. The DPP, assisted by a number
of Law Officers, advises on major criminal cases, represents
the State in major criminal matters before the Courts.
He may, also, offers advice to the various Law Enforcement
Agencies in respect of the conduct of enquiry where such
requests are made. It is to be noted that pursuant to section
72 of the Constitution, the DPP exercises its function in full
independence and is not subject to the direction or control of
any other person or authority.
Law
Drafting
The
Parliamentary Counsel, assisted by a number of Senior
Officers, prepares Bills and reviews existing legislations.
He also sits on the law reform commission.
The
Principal State Attorney
The
Principal State Attorney assisted by a team of Attorneys, acts
as the main attorney to the government S.10 of LOA and S.13.
The
Attorney General's Office consists of the following
Officers:-
Attorney General
Solicitor General
Parliamentary Counsel
Assistant Solicitor General
Principal State Attorney
Legal Secretary
Curator of Vacant Estates
State Counsel
State Attorney
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