of a chairman and 2 other members appointed by the Judicial and Legal
Service Commission, the chairman being appointed from among persons
who are entitled to practise as a barrister or as an attorney in Mauritius;
(c)
he or a legal representative of his own choice shall be permitted to make
representations to the tribunal appointed for the review of his case;
(d)
on, any review by a tribunal in pursuance of this subsection in any case, the
tribunal may make recommendations concerning the necessity or
expediency of continuing the restriction in question to the authority by which
it was ordered and that authority shall act in accordance with any
recommendation for the removal or relaxation of the restriction:
Provided that a person whose freedom of movement has been restricted by virtue
of a restriction that is applicable to persons generally or to general classes of
persons shall not make a request under this subsection unless he has first obtained
the consent of the Supreme Court.
16.
Protection from discrimination
(1)
Subject to subsections (4), (5) and (7), no law shall make any provision that is
discriminatory either of itself or in its effect.
(2)
Subject to subsections (6), (7) and (8), no person shall be treated in a
discriminatory manner by any person acting in the performance of any public
function conferred by any law or otherwise in the performance of the functions of
any public office or any public authority.
(3)
In this section, 'discriminatory" means affording different treatment to different
persons attributable wholly or mainly to their respective descriptions by race, caste,
place of origin, political opinions, colour, creed or sex whereby persons of one such
description are subjected to disabilities or restrictions to which persons of another
such description are not made subject or are accorded privileges or advantages
that are not accorded to persons of another such description.
(4)
Subsection (1) shall not apply to any law so far as that law makes provision (a) for the appropriation of revenues or other funds of Mauritius;
(b) with respect to persons who are not citizens of Mauritius; or
(c) for the application, in the case of persons of any such description as is
mentioned in subsection (3) (or of persons connected with such persons), of
the law with respect to adoption, marriage, divorce, burial, devolution of
property on death or other like matters that is the personal law applicable to
persons of that description.
(5)
Nothing contained in any law shall be held to be inconsistent with or in
contravention of subsection (1) to the extent that it makes provision with respect to
standards or qualifications (not being standards or qualifications specifically relating
to race, caste, place of origin, political opinions, colour, creed or sex) to be required