The former president of the Republic, who was severely criticized by the commission of inquiry chaired by former chief justice Asraf Caunhye, gave an initial reaction in the media. She said she is shocked by the findings of the report. She claims that all the points she made at length in her defense have not been included. She also said that several people she cited were not called by the commission. “I am shocked. It is aberrant,” she said.
Pravind Jugnauth explained that the Commission of Inquiry into the former President of the Republic, chaired by former Chief Justice Asraf Caunhye, with Senior Puisne Judge Nirmala Deva and Puinée Judge Gaitree Jugessur-Manna as assessors, submitted its report on 2 September 2022.
The Commission of Inquiry, chaired by former Chief Justice Caunhye, however, made a series of recommendations. First, it leaves it to the authorities vested with constitutional powers to consider whether to initiate legal proceedings against the former President. The commission points out that it is up to the judicial authorities to decide whether presidential immunity under Article 30 of the Constitution holds in this case. The commission of enquiry also recommends a revision of Article 30 (a) of the Constitution and the establishment of a constitutional mechanism to allow for the suspension of presidential immunity and a judicial remedy in cases where there are abuses against the Constitution.
