Republic of Mauritius · National Assembly2024–2026 · 26ᵉ THERE MAY BE ERRORS OR INCONSISTENCIES Wednesday, 20 May 2026

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Parliamentary Question · No. B/549 · Series B Answered

the posts of Chief Executive and Deputy Chief Executive respectively in the local authorities, he will, for…

Asked by
Mr Caserne
Third Member · Port-Louis North and Montagne Longue
Addressed to
Local Government
Minister of Local Government
Sitting
Tuesday, 17 June 2025
Question 21 of 51
The question, as placed

(No. B/549) Mr L. Caserne (Third Member for Port-Louis North & Montagne Longue) asked the Minister of Local Government whether, in regard to the posts of Chief Executive and Deputy Chief Executive respectively in the local authorities, he will, for the benefit of the House, obtain – (a) the lists of appointees since December 2014 to date, and (b) information as to the – (i) number of existing vacancies in each position in each local authority, and (ii) outcome of the cases lodged at the Supreme Court/Public Bodies Appeal Tribunal regarding the appointment of two Temporary Chief Executives and of two Temporary Deputy Chief Executives.

Deferred from this sitting to: tuesday-17-june-2025

The exchange, in full
Mr Woochit

Madam Speaker, with regard to part (a) of the question, I am informed by the Local Government Service Commission (LGSC) that since December 2014 to date, 10 Chief Executives and 11 Deputy Chief Executives have been appointed. The list of the Chief Executives and Deputy Chief Executives who have been appointed is being tabled. As to part (b) (i) of the question, there are two vacancies in the grade of Chief Executive, namely at the Municipal Council of Curepipe and the District Council of Savanne. There are four vacancies in the grade of Deputy Chief Executive, namely at the Municipal

36 Council of Quatre Bornes, the Municipal Council of Vacoas-Phoenix, the District Council of Moka and the District Council of Black River. Madam Speaker, arrangement has been made for the assignment of duties at the level of Chief Executive and Deputy Chief Executive on the basis of administrative convenience, pending recruitment in the respective grades by the Local Government Service Commission. The vacancies in the above grades have already been reported to the Local Government Service Commission on 11 December 2023, on 13 May 2025 and on 10 June 2025. Madam Speaker, I shall now answer to part (b) (ii) of the question for the post of Chief Executive. Following the appointment of Mr R.K. Nursing and Mr D. Reechaye to the post of Chief Executive in a temporary capacity, Mrs T. Narsinghen lodged an application for leave to apply for a judicial review against that decision and decision-making process of the Local Government Service Commission. She lodged that case before the Supreme Court in view of the fact that the Local Government Service Commission did not issue a notification for appointment, as the recruitment exercise was made through both limited and open competition. As such, Mrs Narsinghen could not appeal to the Public Bodies Appeal Tribunal. She sought redress from the Supreme Court by way of judicial review. However, the Supreme Court refused to grant leave to apply for judicial review and set aside the application on 10 October 2023. The Supreme Court was of the view that Mrs Narsinghen circumvented her right of appeal before the Public Bodies Appeal Tribunal and resorted directly to judicial review, which is a discretionary remedy of last resort. Following the judgment of the Supreme Court, Mrs Narsinghen then made an appeal before the Public Bodies Appeal Tribunal. The case was fixed for argument before the Public Bodies Appeal Tribunal on 10 May 2024. Mr Nursing and Mr Reechaye objected to the appeal of Mrs Narsinghen on account that her application was time barred. The Public Bodies Appeal Tribunal ruled, and I quote – “The date of the aforesaid Supreme Court judgment should be considered as at date of appellant was duly notified and that the 21 days should start running as from the date of judgement was delivered. The judgement was delivered on 10 October 2023 and the appeal was lodged on 27 October 2023, that is, within the statutory delay.” In view thereof, the Public Bodies Appeal Tribunal decided to set aside the ground of objection of Mr Nursing and Mr Reechaye and decided to hear the appeal. A ruling was

37 delivered on 10 May 2024 that the Public Bodies Appeal Tribunal has the jurisdiction to hear the appeal. Following the decision of the Public Bodies Appeal Tribunal, both temporary Chief Executives applied for a judicial review against this ruling of the Public Bodies Appeal Tribunal. Both cases are before the Supreme Court. Although the Local Government Service Commission lodged an application for a judicial review, on the advice of the State Law Office, against the ruling of the Public Bodies Appeal Tribunal, on 21 April 2025, it withdrew its application on a point of merit. Madam Speaker, for the post of Deputy Chief Executive, during the first selection exercise on 07 September 2021, the Local Government Service Commission appointed Mrs Oozeer as Deputy Chief Executive. Mr Bassawon Assistant Chief Executive, lodged an appeal on 04 October 2021at the Public Bodies Appeal Tribunal against the decision of the Commission to appoint Mrs Oozeer to the post of Deputy Chief Executive in a temporary capacity at the District Council of Rivière du Rempart, with effect from 15 September 2021. In its determination dated on 10 March 2023, the Tribunal had quashed the decision of the Commission in appointing the correspondent to the post of Deputy Chief Executive and remitted back the matter to this Office in accordance with section 8 (4) (b) of the Public Bodies Appeal Tribunal Act 2008. In a letter dated 13 March 2023, Mrs Oozeer informed that she would not apply for a judicial review regarding the decision of the Public Bodies Appeal Tribunal. In the meantime, another vacancy occurred in the grade. The post of Deputy Chief Executive was readvertised on 23 March 2023 and the closing date was 05 April 2023. The Commission had, on 04 May 2023, appointed Mrs Oozeer and Mrs Dyal as Deputy Chief Executive in a temporary capacity at the District Council of Grand Port and District Council of Rivière du Rempart, respectively, as from the date of their assumption of duty. The appointees assumed duty on 05 May 2023. Mr Bassawon lodged an appeal to the Public Bodies Appeal Tribunal on 13 May 2023 against the decision of the Commission to appoint Mrs Oozeer and Mrs Dyal to the post of Deputy Chief Executive in a temporary capacity in the District Council of Grand Port and Rivière du Rempart, respectively, with effect from 05 May 2023.

38 The matter was heard before the Public Bodies Appeal Tribunal on 12 September 2023. In its determination No. D/18 of 2023, dated 24 October 2023, the Tribunal quashed the decision of the Local Government Service Commission. On 09 November 2023, the Local Government Service Commission made an application for judicial review against this decision of the Public Bodies Appeal Tribunal. Mrs Oozeer and Mrs Dyal also applied for a judicial review regarding the determination of the Public Bodies Appeal Tribunal. The matter was fixed for argument on 19 July 2024 before the Supreme Court on the motion for a stay of the decision of the Public Bodies Appeal Tribunal. In a ruling on 13 June 2025, the Supreme Court quashed the decision of the Public Bodies Appeal Tribunal and ruled that Mrs Oozeer and Mrs Dyal should be maintained in their post of Deputy Chief Executive. Following the decision of the Supreme Court, the Local Government Service Commission has advised that the procedures are being initiated to maintain Mrs Oozeer and Mrs Dyal in their post of Deputy Chief Executive in a temporary capacity.

Madam Speaker

Thank you. Yes, Mr Caserne! Alright. The hon. Second Member for Quartier Militaire and Moka! ILLEGAL MORCELLEMENTS – VICTIMS OF PROMOTERS – WATER CONNECTION – CWA APPLICATIONS