Transparency Mauritius has issued a statement commenting on the bill aiming to create the Financial Crimes Commission.
The NGO welcomes the government’s “willingness” to consolidate all the laws concerning corruption-related offences. However, it condemns the “erosion of power” of the Director of Public Prosecutions in favour of the Director General of the Financial Crimes Commission.
For Transparency Mauritius, this “goes against the principles of good governance”. It is essential, the body says, that an institution’s investigative function be separate from the function of deciding whether or not to prosecute. Transparency Mauritius stresses that this system has proved its worth to date and that there is no justification for such changes.
The NGO is also concerned about how the Director General of the Financial Crimes Commission is appointed. He is appointed by the President on the advice of the Prime Minister in consultation with the Leader of the Opposition. For Transparency Mauritius, this gives rise to suspicions of nepotism and partisan politics and risks causing disruption in the smooth running of the justice system.
Transparency Mauritius proposes that the Legal and Judicial Service Commission, a neutral and independent body, make the appointment.
