Separation of Powers is a doctrine which is fundamental to the organization of a state in so far as it

prescribes the proper allocation of powers and the limits of those powers, to differing institutions. Three
essential bodies exist, namely the Legislative, the Executive and the Judiciary.
The relationship between these bodies should be evaluated in the light of Separation of Powers. A strict
Separation of Powers is rare in practice especially in Mauritius. To avoid any abuse of powers, there
should be a clear segregation in function between the 3 organs with an efficient system of checks and
balances and ensure that no institution significantly encroaches upon the function of the other.
The Executive can be defined as the branch of the Government which formulates policy and in
responsible for its execution and administration. The Legislature, on the other hand, can be defined as the
branch of the State which enacts the law. In Mauritius, the legislative authority is rested in Parliament
which is the supreme law The Judiciary is that branch of the State which adjudicates upon conflicts
between the State Institutions, between State and Individual and between individuals. The Judiciary
represents the judges and all the Courts of Law and tribunals. The parliament shall consist of the
President and a National Assembly.
By virtue of Section 59, members of the Cabinet meet the selected from the National Assembly. Thus it
can be seen that there is no strict separation of personnel between the executive and legislative branches
of the State. It goes against the principle of SOP that same persons should not form part of more than one
body of the government.
3. Explain about the different rights of an accused party at the different stages of a criminal process.
A suspect has to be informed of his constitutional rights before he is charged. The rights are as follows.
Under Section 5(2), any person who is arrested or detained shall de informed as soon as reasonably
practicable, in a language that he understands, of the reasons for his arrest or detention. In the case of
Gordon Gentil, the Supreme Court stated that when the police arrest a suspect without warrant, the
arrested person must be informed of the reasons of his arrest as soon as reasonably practicable. However
under some other circumstances, such as in a flagrant delit, then it would not be necessary to inform the
person of his right.
The right to silence at pre-trial stage is not provided in the Constitution. However, the rights to silence at
trial stage in under S10 (7). In Ramdeen v R, the court stated that the right of an accused to silence may
start from the beginning of his arrest at the enquiry stage and throughout the proceedings at the trial stage.
As per Section 5(3) of the Constitution, any person who is arrested or detained upon reasonable suspicion
of his likely to commit an offence and who is not released shall be afforded reasonable facilities to consult
a legal representative of his own choice.
The right to personal liberty, under Section 5(3) is to the effect that any person arrested or detained and
who is not released shall if not tried within a reasonable time be released either unconditionally or upon
reasonable conditions including in particular such conditions as are reasonably necessary to ensure that he
appears at a later date for trial. However, the Bail Act 1999 provides that a person can be denied his
liberty.