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Extra-Constitutional Parliamentary Private Secretaries in Mauritius

Published online by Cambridge University Press:  28 July 2009

M. J. N. Meetarbhan
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Extract

In a recent analysis of the constitutional position of Parliamentary Private Secretaries (P.P.S.s) in the United Kingdom Professor Norton concludes that they “occupy an important twilight zone between ministers and backbenchers. Though remaining among the latter, they assume certain characteristics of the former.” Mauritius, which like many Commonwealth countries has a constitutional regime largely inspired by the British model, has recently created an innovative role for P.P.S.s who operate at sub-ministerial level but are not unpaid helpers to ministers as in the U.K. It is the intention of this article to critically examine this role.

The Mauritian Constitution originally provided for a Cabinet consisting of the Prime Minister and up to 14 ministers who were all members of the Legislative Assembly, except for the Attorney-General. Under section 66 of the Constitution, the Governor General acting in accordance with the advice of the Prime Minister could appoint up to five Parliamentary Secretaries from among members of the Assembly “to assist Ministers in the performance of their duties”. Following the formation of a coalition government in 1969, the Constitution was amended so as to increase the number of Ministers to 20 and that of Parliamentary Secretaries to ten with Mauritius having a unicameral legislative assembly of 62 elected members and up to eight nominated members, the 1969 amendments enabled almost every other elected member to be appointed a Cabinet minister or Parliamentary Secretary.

Type
Research Article
Information
Journal of African Law , Volume 35 , Issue 1-2: RECENT CONSTITUTIONAL DEVELOPMENTS IN AFRICA , Spring 1991 , pp. 194 - 197
Copyright
Copyright © School of Oriental and African Studies 1991

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References

1 Norton, P., “The Constitutional Position of Parliamentary Private Secretaries”, [1989] Public Law 232.Google Scholar

2 Act No. 39 of 1969.

3 Nominated members being full-fledged members of the Assembly were also eligible for appointment as Ministers or Parliamentary Secretaries.

4 Act No. 2 of 1982.

5 Following drug scandals involving members of the Legislative Assembly and the resignation of several ministers, there was no clear majority in the Assembly which did not meet except for a special session to adopt new measures in relation to a drug inquiry.

6 Act No. 13 of 1987.

7 Legislative Assembly Debates (12 1, 1987) 3617.Google Scholar

8 Legislative Assembly Debates (12 8, 1987) 3757.Google Scholar

9 Op. cit. “In the past what was in the Constitution was not the creation of the post as such but it was only a limitation that if Government was going to appoint Parliamentary Secretaries, it could not appoint more than so many and by amending that, in fact today, we have removed the restriction and I can recommend for the appointment of 20 if I want. “However the explanatory memorandum to the Constitutional Amendment Bill 1982 referred to the “abolition” of the posts of Parliamentary Secretaries and the same term was used by the Prime Minister in his address to the Assembly when introducing the Bill.

10 Author's interviews with NDU's staff.

11 Leader of the Opposition, Legislative Assembly Debates, op. cit.

12 Arc en Ciel, 03 1989.Google Scholar