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Lindsey Collen Supreme Court Challenge Thursday 5 September

03.09.2024

This Thursday, Lindsey Collen LALIT member’s case before the Supreme Court is coming up. It will be in Court Room Number 3 at the New Supreme Court building in Edith Cavell street at 9:30 am. Her case, readers may be aware, challenges the 2022 Citizenship Act amendments for not being consistent with provisions of the Constitution that protect fundamental human rights. 


The case is before the judges Chan Kan Cheong and Gunesh-Balaghee. 


Lindsey’s lawyers are Antoine Domingue SC, Jean-Claude Bibi and Ayesha Jeewa, all appearing pro bono, as the case concerns the fundamental rights of all citizens of Mauritius to marry who they please and live in their country, and also, and in particular of all those citizens who have become Mauritian following marriage to a Mauritian. 


The case is against the Prime Minister, as Minister of the Interior, the Government, and the Attorney General. It concerns the clause, in particular that the new Act gives the Interior Minister the power to “in his absolute discretion and without giving any reason, deprive any person of his citizenship of Mauritius, if he has reliable information and is satisfied that it is in the interest of defence, public safety or public order.” The case has passed the first “hurdle” by Lindsey’s legal team having proven that she has locus standi, which many legal pundits had put into doubt. Now, the case is going ahead.