Context

The Courts Act was enacted on 7 March 1945, solely in English, as the majority of Mauritian laws. Although this law was adopted in 1945, it remains in force and has been amended a number of times (1985, 1988, 1991, 1992, 1994, 1999, 2000, 2003, 2007, 2008, 2011).

The present law contains some provisions of a linguistic nature, prescribing which languages are permitted in Mauritian courts: the Supreme Court, Intermediate Court, District Court, etc. The law also concerns the testimony of litigants and interpreters.

Courts Act (Original version)

7 March 1945

Section 14.

Language to be used in Supreme Court

1
) The official language to be used in the Supreme Court of Mauritius shall be English.

2) Where a person appearing before the Court satisfies the Court that he does not possess a competent knowledge of the English language, he may give his evidence or make any statement in the language with which he is best acquainted.

Section  131

Language to be used

1) The language to be used in the Intermediate Court or in any District Court shall be English, but any person may address the Court in French.

2) Where any person who is required to give evidence, satisfies the Court that he does not possess a competent knowledge of English or French, he may give his evidence in the language with which he is best acquainted.

3) Where any person gives evidence in a language other than English or French, the proceedings shall, if the Court so directs, be translated.

Section 132.

Interpreters

Any person appointed to act as interpreter at the Intermediate Court or any District Court may, in addition to his duties as interpreter, be assigned such other duties as the Magistrate having the supervision of the Court may determine.

Section 175.

Translation of evidence

Where in any proceedings before the Supreme Court, whether civil, criminal, or in bankruptcy or of any other nature, or before any other Court, a witness or a party gives evidence in a language other than English, such evidence shall, subject to sections 176 and 189, be translated into English and shall be recorded and form part of the record.

Section 176.

Translation where not necessary in civil cases

Where in any proceedings before the Supreme Court on the civil side or the Master and Registrar or the Judge in Bankruptcy, a witness speaks in a language which is well known to both plaintiff and defendant as the case may be, the Judges, the law officers of the State, the Master and Registrar or the Judge in Bankruptcy and the Counsel engaged in the case, the examination of that witness may take place in that language and it shall not be necessary to translate the deposition or answers in English, except where the depositions or answers are given in Creole, in which case they shall be taken down by the Master and Registrar or other officer of the Court.

Section 189.

Translation where not necessary in criminal cases

Where at a trial before a Judge, either with or without a jury, a witness speaks in a language which is well understood by the accused, by all the jurors, as well as by the Judge, the law officers of the State and the Counsel engaged in the case, the examination of the witness may take place in such language and it shall not be necessary to translate the deposition in English.