(885363) Dd. 896639 1,000M 8/71 St.S.
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Actumbraten of fuclés [(Pam 1-3 Below]
The Inchcary
2.4
HONG
DAINISTRATION OF JUSTICE
Bashe
Department
The Chief Justice's proposal for a permanent court of
appeal should prove a welcome development.
5
tu Governw has agreed
itar
It is hoped to establish the new court this year, and/upon
shumlet
its establishment consideration to be given to the appointment
of a suitable outside candidate to the Supreme Court.
In order to increase the prospects of finding a candidate
of the right calibre, it is suggested that the retiring age of
Supreme Court Judges should be raised to 65 by means of an
amendment to Article XVI A (1) of the Letters Patent.
7.
At the same time, the opportunity could be taken to add an
additional paragraph to that Article, under which a person
appointed to the Supreme Court for a fixed term of years would
have to retire at the expiration of the fixed term (whether under
or over 65) of section 113(1) of the Mauritius Constitution
scheduled to the Mauritius Constitution Order 1968.
An outside candidate would presumably hope to serve for
something like 12 or 15 years and to earn a substantial pension
during his service. In settling the terms of his appointment,
his previous experience could perhaps be taken into account for
pensions purposes, eg by allowing him "added years" or treating
each year of service as 14 years or even two.
4.
If the retiring ages of Supreme Court Judges are to be
raised, the it is for consideration whether also to raise those
of the District Judges to 60. While the immediate necessity to
do this in order to attract outside candidates is no doubt less
/than