Elizier Francois poursuit le Commissaire de Police et l’État Mauricien

L’ancien ministre du Logement et Leader de la formation politique « MAM » a pris la décision de poursuivre en cours le plus haut responsable de la police mauricienne.

IN THE SUPREME COURT OF MAURITIUS

MAURITIUS TO WIT

At the suit, instance and request of Mr Eliézer François (hereinafter referred to as “the Abovenamed Party”) of Villa Champville, Royal Road,Pereybere, electing his legal domicile in the office of the undersigned Attorney at Law of 5th Floor, Hennessy Tower, Pope Hennessy Street, Port Louis.

TAKE NOTICE FOR THAT:

1. Whereas the Abovenamed Party is a person of good reputation and character, and enjoys the esteem of the citizens of Mauritius and abroad more particularly in Australia where the Abovenamed Party is: (a) a Justice of the Peace; (b) an executive member of the Association of: (i) French; (ii) English; (iii) Classic; (iv) Modern Language, Teachers; and (c) the Association of Industrial Relations Society. The Abovenamed Party was also: an ex councillor of the City Council of Port Louis; Minister of Housing and Lands, Town and Country Planning; and Parliamentary Leader of the political party “PMSD”.

2. Whereas the Abovenamed Party is the leader of Mouvement Authentique Mauricien (“MAM”) which is a very active political party in Mauritius and duly registered with the Electoral Commission.

3. Whereas the Abovenamed Party is also an active politician, the adviser and negotiator of “Zenfans Rosbwa” a group of people whose fathers and grandfathers had worked as dockers and stevedores in the docks and in the Port of Port Louis. These people are claiming their rights to work as general workers in the Cargo Handling Corporation which operates in the Portaforesaid next to their place of residence at Roche Bois.

4. Whereas the Abovenamed Party avers that on 19th February 2018, he was arrested by the Police followinga manifestation and protest of “Zenfans Rosbwa” against injustices and discrimination. The Abovenamed Party was prosecuted before the District Court of Port Louis, for having participated in an alleged illegal gathering which was allegedly held without the authorisation of the Hereundernamed Party No. 1. An order of prohibition to departure order was made against the Abovenamed Party, at the request of the police prosecutor, a “préposé” of the Hereundernamed Party No. 2. Consequently, each and every time that the Abovenamed Party travelled abroad, he had to apply and did apply for a variation order to the Court, and had to provide and did provide a sureties varying between Rs 2,000 and Rs 5,000. This has caused a lot of prejudice to the Abovenamed Party.

5. Whereas the Abovenamed Party avers that since he has been engaged in politics or acting as trade unionist or been involved in educational activities, he has neither organised nor been associated with any illegal gathering.

6. Whereas the Abovenamed Party avers that for the past 16 months, his reputation, because of the aforesaid acts of the Hereundernamed Parties, has been tarnished in Mauritius and overseas. This has also caused a lot of pain and anguish to the Abovenamed Party’s family members.

7. Whereas the Abovenamed Party avers that on 3rd June 2019, the District Court of Port Louis dismissed the charge of illegal gathering against him.

8. Whereas the Abovenamed Party avers that due to the wrongful acts and doings of the Hereundernamed Parties through their “préposés” which amount to “faute”, he has suffered damages and prejudice which he values at the sum of Rs 10 million which you, the Hereundernamed Parties, being the “commettants” of your “préposés”, are bound in law to make good to the Abovenamed Party.

9. NOW TAKE FURTHER NOTICE THAT you, the Hereundernamed Parties, are most formally required, called upon and summoned to pay to the Abovenamed Party the aforesaid sum of Rs 10 million and this within a delay of one month as from the date of service of the present notice “mise en demeure” upon you, the Hereundernamed Parties.

10. WARNING YOU that should you, the Hereundernamed Parties, fail to comply with the requirements and exigencies of the present notice “mise en demeure” and pay the costs thereof amounting to Rs 15,000 (subject to taxation), the Abovenamed Party shall enter a case against you, the Hereundernamed Parties, before the competent court and all judicial costs shall be borne up by you, the Hereundernamed Parties.

Under all legal reservations

Dated at Port Louis this 28thday of June, 2019

Pazhany RANGASAMY

Of 5th Floor, Hennessy Tower, Pope Hennessy Street, Port Louis

ATTORNEY FOR THE ABOVENAMED PARTY

Instructing Me. Marie Jacques Laval Panglose G.O.S.K of Counsel.

To/

1. The Commissioner of Police, service to be effected at the Police Headquarters, of Line Barracks, Port Louis.

The State of Mauritius, service to be effected upon the Honourable Attorney General, of Renganaden Seeneevassen Building, Port Louis.