The judiciary system seems to be injecting a dose of humanity into its cold and impersonal world. The attorney general, Rama Valayden, has announced that a family court should become operational in 2007. This follows a report by lawyer Pramila Patten, who has been assisted by the chief justice of the United Family Court of Delaware in the United States, Chandlee Johnson-Kuhn, on the need for an independent family court in Mauritius.The report also outlines how this objective could be reached.

A family court is crucial for Mauritius to give a chance to families to solve their domestic problems in a more conducive atmosphere than the Supreme Court. The family court would not only give a ruling on divorces  and certain other offences ? excluding murder, manslaughter, rape, indecent assault, drug-charges, arson, sodomy, sexual intercourse with minors ? but also provide mediation, which is mandatory as soon as people address the family court; applications to the court   may be done with or without a lawyer.

As an example, the US chief justice explains that 80% of the couples who come to see her finally decide not to divorce. ?Most of these people are good people in a bad place and they have to be helped. As a mediator, I try and understand what is going wrong (?). Then, if they still want to get the divorce, I apply the law and grant it to them.? 

Mauritius also has specific needs for such a court. Family cases can only be dealt with by the Supreme Court on Fridays. This means that judges can?t deal with many cases on the same day and cases are often postponed and take much time to obtain a ruling. A separate court in a separate building in a more convivial atmosphere, but with the same power as the Supreme Court, appears a necessity in the Mauritian context.


<b>Family Court Bill in February</b>

This could explain why the attorney general is so eager to implement such an institution. He asked Pramila Patten to continue her consultations with all the stakeholders until the end of January. A first draft of the Family Court Bill will be made in February and submitted to the cabinet. Then, there will be pubic consultations before the bill is introduced in Parliament. This will necessitate an amendment to the Constitution, which should take some time.

The recruitment of judges for the new court is also something that may take time. Three judges with three assistants will chair the family court. Pramila Patten has also recommended that a court administrator be appointed to ensure that procedures qre properly applied. Chandlee Johnson-Kuhn, explains: ?The success of your family court will depend on its accessibility, the training of its staff as well as the choice of its judiciary staff.If these conditions are satisfied, then the structure will be solid and efficient. Only then will the public believe in the new system.?