Mauritius: In Mauritius, Courts and Police Confront Weakened Public Trust Amid Persistent Perceptions of Corruption

6 September 2024
Afrobarometer (Accra)
By L. Amédée Darga

Majority of citizens say sentences given to powerful people who break the law are too lenient.

Key findings

  • A majority (56%) of Mauritians say they trust the courts "somewhat" or "a lot." o But trust in the judiciary has declined considerably over the past decade, down by 23 percentage points since 2012. o Poorer citizens express much lower levels of trust: Only about one-fourth (27%) of those experiencing moderate or high lived poverty trust the court system.
  • A narrow majority (52%) of Mauritians trust the police, a decline of 15 percentage points since 2012, although this is 6 points higher than in the previous survey in 2022. o Economically well-off citizens are about three times as likely as poor citizens to trust police officers (63% vs. 22%).
  • Only one-fifth (21%) of interviewees believe there is no corruption among judges and magistrates, while two-thirds say that "some" (57%), "most" (8%), or "all" (2%) judges and magistrates are corrupt.
  • Two in 10 citizens (21%) suspect pervasive police corruption, while nearly three-fourths (73%) believe that "some" members of the police force are corrupt. o Perceptions of widespread police corruption are twice as common among the poor as among the well-off (30% vs. 16%).
  • A majority (61%) of Mauritians believe that court rulings are "rarely" or "never" influenced by political leaders, government officials, or other powerful people. But three in 10 (29%) say judges and magistrates are "often" or "always" swayed by external influences.
  • More than four in 10 citizens (42%) worry that people who are wronged will not be able to obtain justice.
  • A majority (56%) of Mauritians believe it is "somewhat likely" or "very likely" that a case they bring to court would be resolved fairly. o But only 41% expect such a case would be resolved in a timely manner. ▪ Mauritians are divided in their views on the affordability of taking cases to court: 48% think they could manage the costs, while 47% don't. o Majorities say they could find the necessary support from legal services (58%) and afford to obtain legal advice (55%), if needed.
  • More than four in 10 Mauritians (43%) say people are "often" or "always" treated unequally under the law.

The Mauritian legal system follows the British system for criminal law. The process begins with police investigations. From there, a case is built and sent to the director of public prosecution (DPP), who determines whether the case is likely to win in court. Both the posts of the DPP and the commissioner of police (CP) are constitutionally enshrined.

Since 2023, and for the first time in the history of post-independence Mauritius, there has been an open conflict between the CP and the DPP, generating shockwaves in Mauritian politics (Prayag, 2023).

The clash between the CP and the DPP, which centres on whose authority takes precedence once a case has been lodged, underscores significant institutional tensions and issues of authority within the judicial process system (Mauritius Times, 2023; Prayag, 2023). While Mauritius' judiciary is acclaimed as a powerful safeguard of democracy and check on executive power (Meetarbhan, 2016; Bertelsmann Stiftung, 2024), some legal professionals have raised concerns about how the CP-DPP dispute might undermine the reservoir of goodwill enjoyed by the DPP and the judiciary, some of the country's most revered institutions (Thanay, 2023).

Meanwhile, positive public perceptions of the police have been waning over the past decade amid accusations of corruption, arbitrary arrests and detention of political opponents, and cases of alleged "drug planting" - where police officers illegally place drugs upon a suspect's property or person - although the latter has been challenged by the government (Mauritius Times, 2022; Matinal, 2023).

Afrobarometer's latest survey in Mauritius sheds light on public perceptions of the judiciary and police. Findings show that a mere one-fifth of Mauritians view the rulings of judges and magistrates as completely free from political interference. Two-thirds of citizens suspect that at least some judges and magistrates are involved in corruption, a view that has gained traction since Afrobarometer's first country survey in 2012.

While a slim majority of respondents say they trust the courts, that's a far cry from the overwhelming majority who expressed faith in the judiciary in 2012. About half of respondents say they trust the police, compared to two-thirds of participants in the 2012 survey.

More than half of citizens believe that ordinary citizens can obtain justice in the courts and that cases they lodge will be adjudicated fairly. But a majority also think sentences for powerful individuals and government officials found guilty of wrongdoing are too lenient.

L. Amédée Darga L. Amédée Darga is the Afrobarometer national investigator in Mauritius.

Read the original article on Afrobarometer.

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