The Evolution of the Meaning(s) of Penal Servitude for Life (Life Imprisonment) in Mauritius

The Human Rights and Jurisprudential Challenges Confronted So Far and Those Ahead

Bibliographic Data

ID16767496
AuthorsJamil Ddamulira Mujuzi (0000-0003-1370-6718, corresponding author)
Year2009
Volume53
Issue2
Pages222-248
Publication date2009-10-01
Open AccessYes
TypeARTICLE
VenueJournal of African Law (JOURNAL)
Journal identifiersISSN: 0221-8553 • E-ISSN: 1464-3731
PublisherCambridge University Press (PUBLISHER • US)
DOI10.1017/s0021855309990040
OpenAlexW2078565262
LanguageEN
Citations received1
References cited1

This article analyses the history of the various meanings and interpretations of the sentence of penal servitude for life in Mauritius, the human rights implications, and the likely challenges that courts will confront in interpreting new legislation. The Privy Council held in 2008 that a mandatory sentence of penal servitude for life was arbitrary and disproportionate because it violated the right to a fair trial under the constitution. However, the article argues that the Privy Council should also have found that penal servitude for life, where the offender is to be detained for the rest of his life, violates the prisoner's right not to be subjected to inhuman punishment under the constitution, as well as violating Mauritius's international human rights obligations. It recommends that Mauritian courts consult South African jurisprudence when interpreting what amount to substantial and compelling circumstances under the 2007 Criminal Procedure (Amendment) Act

Constitution · Criminal law · Criminology · Human rights · Imprisonment · Jurisprudence · Legislation · Life imprisonment · Meaning (existential) · Political science · Prison · Punishment (psychology) · Sociology · Criminal Justice and Corrections Analysis · Human Rights and Development · Law · Legal Issues in South Africa · Psychology

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