Unexplained Wealth Order

An Act to promote a culture of good governance and integrity reporting in Mauritius

ENACTED BY THE PARLIAMENT OF MAURITIUS, AS FOLLOWS –

PART IV – UNEXPLAINED WEALTH ORDER

14. Application for Unexplained Wealth Order

  1. Where the Board has reasonable grounds to believe that a person has unexplained wealth, it shall direct the Agency to apply to a Judge in Chambers for an Unexplained Wealth Order for the confiscation of that unexplained wealth.
  2. The Agency may amend an application for an Unexplained Wealth Order at any time before the final determination of the application by the Judge in Chambers where reasonable notice of the amendment is given to every person on whom the application has been served.
  3. Where an application is made under subsection (1), the Agency may apply for an order prohibiting the transfer, pledging or disposal of any property.

15. Service of application

  1. Where the Agency makes an application for an Unexplained Wealth Order, it shall serve a copy of the application on the respondent and such other person as the Judge in Chambers may direct.
  2. The absence of the respondent, or of any other person on whom service has been effected, shall not prevent the Judge in Chambers from making an Unexplained Wealth Order in his absence.

16. Unexplained Wealth Order

  1. Where the Agency makes an application –
      1. for an Unexplained Wealth Order;

    and the Judge in Chambers is satisfied that the respondent has unexplained wealth, he shall make an Unexplained Wealth Order or an order for the payment of its monetary equivalent.

  2. Where the Judge in Chambers considers that an application for an order under subsection (1) cannot be granted on the basis of affidavit evidence, he shall refer the matter to the Supreme Court.

Amended by [Act No.13 of 2019]; [Act No. 5 of 2020]

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