67. Are there provisions for conflict of interests for candidates and/or elected officials?

Mauritius

Mauritius

Answer
Yes
Source

The Prevention of Corruption Act 2002, Section 13, stipulates that "(1) Where — (a) a public body in which a public official is a member, director or employee proposes to deal with a company, partnership or other undertaking in which that public official or a relative or associate of his has a direct or indirect interest; and (b) that public official and/or his relative or associate hold more than 10 per cent of the total issued share capital or of the total equity participation in such company, partnership or other undertaking, that public official shall forthwith disclose, in writing, to that public body the nature of such interest. (2) Where a public official or a relative or associate of his has a personal interest in a decision which a public body is to take, that public official shall not vote or take part in any proceedings of that public body relating to such decision. (3) Any public official who contravenes subsection (1) or (2) shall commit an offence and shall, on conviction, be liable to penal servitude for a term not exceeding 10 years." And, "public official — (a) means a Minister, a member of the National Assembly, a public officer, a local government officer, an employee or member of a local authority, a member of a Commission set up under the Constitution, an employee or member of a statutory corporation, or an employee or director of any Government company; (b) includes a Judge, an arbitrator, an assessor or a member of a jury; (c) includes an official of the International Criminal Court referred to in the International Criminal Court Act 2011."

(See the 2018 Global Integrity Report on Mauritius (question 37): https://aii.globalintegrity.org/indicator-details?country=mauritius&num=37&year=2018).

Comment

The law prohibits conflicts of interest, nepotism and cronyism and also provides for appointment mechanisms.

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