Category Archives: Legislation

Why the COVID-19 Bill is nothing new?

Just my 2 cents as regards the new COVID-19 Bill. To me, when you compare it to the complexity of the Biometric Identity Case [1] back in 2014, it is a futile battle. Ish Sookun was among the few Mauritians who fought the battle, sacrificed part of his career, and even went to jail for poking his nose in matters that I think should not be opened. If you remember his ordeal [2], you'd probably understand why the COVID-19 Bill is totally pointless and how you're being hypocrites [3]. Thanks to Sanjeev Teeluckdharry the case went to the Privy Council but unfortunately, the State won the case and now everyone is forced to give their biometric information.

It was only a very few who were concerned at that time. Later, the government spent around Rs 19 billion on the Safe City Project which breaches basic human privacy but no one came forward to contest the project. Did we?

Hidden Agendas

It was the same Roshi Badhain [4] who was the advocate of PKJ. The one who stood for the Government at that time. Today, he's on the side of the table questioning the integrity of the Government. I'll let you take our your own conclusions. Hidden Agenda? Roshi Badhain was the Minister of Technology, Communication and Innovation at the same time when Ish Sookun was arrested. Roshi Badhain was totally in favour of the MNIC case which gives power to the government to handle your biometric information and today, he's saying that the government is giving more power to the Police Force. Which is which here? Contradiction.

Everyone have their (hidden) agenda. As soon as it does NOT concern you, you won't do anything. Bunch of hypocrites, that's who you all are.

Don't call me anti-patriotic because I'm not part of the battle, I'm just fed up being part of the same people working and voicing out again and again, while the people who should be concerned are the majority of our population. I was part of bigger battles, but when you look back at the end of the day, there's nobody to support you, why should I do something now?

Now it's definitely out of the question to give police more power. I totally object to this. The MPF is a fully funded institution using taxpayers' money. They are recruited under the Commission on Public Service. Do whatever you want it isn't going to change. The day the MPF becomes an independent institution, that's the day you'll see the country change.

FOIA

Why isn't anyone concerned about the Freedom of the Information Act which was promised by the same Government back in 2014. The FOIA was on the agenda/manifesto but never put at work. It's already been 1980 days since we're waiting for that. Oh, it does not concern you or your work, that's why.

https://www.lexpress.mu/politique

Source: https://www.lexpress.mu/politique

There is a proverb which says:

It takes a strong fish to swim against the current. Only the dead ones go with the flow.

[1] Madhewoo (Appellant) v The State of Mauritius
and another (Respondents) (Mauritius)
https://www.jcpc.uk/cases/docs/jcpc-2016-0006-judgment.pdf

[2] https://www.lexpress.mu/article/275151/ish-sookun-je-mets-police-au-defi-publier-preuves

[3] https://www.lexpress.mu/article/275408/accuse-sous-pota-ish-sookun-confie-apres-sa-liberation

[4] https://business.mega.mu/2014/04/22/biometric-id-card-mr-bhadain-roshi-law-allows-police-access-database/

Are people abusing the ICT Act of Mauritius?

Disclaimer
People who are easily annoyed, distressed or may feel an « inconvenience » should not read this post. I will not be liable for any inconvenience caused to the reader.

Information and Communication Technologies Act 2001

Section 46(h)

Any person who —
uses, in any manner other than that specified in paragraph (ga), an information and communication service, including telecommunication service, —

(i) for the transmission or reception of a message which is grossly offensive, or of an indecent, obscene or menacing character; or

(ii) which is likely to cause or causes annoyance, humiliation, inconvenience, distress or anxiety to that person;

(iii) for the transmission of a message which is of a nature likely to endanger or compromise State defence, public safety or public order.


The ICT Act of Mauritius was amended in 2018 and it made a specific section of the legislation more ambiguous than before. Section 46 of the Act describes the offences under that legislation. The amendment introduced words such as humiliation, distress and anxiety to the list of "inconveniences" in part (ii).

The Electronic Frontier Foundation says that the amendments of the ICT Act are in line with the laws of countries such as Egypt, the UAE and Jordan — none of which are democracies.


On 15 April, while the whole country was under curfew, a team of policemen proceeded to arrest a young woman for breach of the ICT Act, after receiving a complaint by a government nominated board member of the ICT Authority.

The Centre for Law and Democracy expressed their concern regarding such an arrest for political satire.

The young woman spent a night in police custody for having posted an image showing a news broadcaster with a captioned photo of the Mauritian Prime Minister and text that joked about world leaders who are going to hold a press conference to ask the Mauritian Prime Minister about his miracle treatment & method for COVID-19.

As it appears the meme or joke caused such annoyance and inconvenience to the ICT Authority's board member that he decided to spend 2 hours at the CCID Cybercrime Unit to complain about it. L'express newspaper reported that the board member expressed on Facebook that he did so for his boss, his PM, and his country.

Now, one may wonder whether this board member of the ICT Authority really has acted out of love for his prime minister or is it a show of loyalty; often the case with persons holding a nominated position in government offices. Whichever reason the complainant may have, this particular incident points towards an abuse of the ICT Act, through the manner of the arrest and act of intimidation of behalf of people of authority.