Certificate of Character Act 2026 in Mauritius: Major Changes Explained

Mauritius Introduces a New Certificate of Character Regime

Mauritius has enacted the Certificate of Character Act 2026 (Act No. 4 of 2026), bringing significant reforms to the manner in which certificates of character are issued and used. The new legislation modernises the previous system and seeks to strike a balance between public protection, rehabilitation of offenders, and fair access to employment opportunities.

The Act introduces a clearer framework governing the disclosure of criminal convictions and establishes rules regarding when a person may obtain a certificate showing no criminal record or a certificate reflecting existing convictions.

For individuals, employers, and legal practitioners, understanding the implications of this new legislation is essential.

What Is a Certificate of Character?

A certificate of character is an official document issued by the authorities indicating whether an individual has a criminal record. Such certificates are commonly required for:

• Employment applications;
• Immigration and residence permit applications;
• Visa applications;
• Professional licensing;
• Adoption proceedings;
• Educational purposes; and
• Other official or legal requirements.

The new Act now regulates the circumstances in which criminal convictions may or may not appear on the certificate.

Objectives of the Certificate of Character Act 2026

The principal aims of the legislation include:

1. Promoting Rehabilitation

The Act recognises that individuals who have committed offences and have subsequently rehabilitated should not necessarily be permanently disadvantaged.

2. Enhancing Transparency

The legislation establishes clear rules regarding the disclosure of convictions and the issuance of certificates.

3. Protecting Public Safety

Certain serious convictions must continue to appear on certificates in order to safeguard vulnerable persons and maintain public confidence.

4. Encouraging Fair Employment Practices

The Act introduces important safeguards against unjust discrimination based solely on criminal history.

Non-Discrimination in Employment

One of the most notable innovations of the Act is the introduction of provisions aimed at preventing unfair discrimination in employment.

Employers are encouraged to assess applicants fairly and consider factors such as:

• The nature and seriousness of the offence;
• The time elapsed since the conviction;
• The relevance of the conviction to the position sought; and
• Evidence of rehabilitation.

This reform reflects modern international principles recognising that former offenders should have a meaningful opportunity to reintegrate into society.

Certificates Showing No Criminal Record

The Act provides for the issuance of certificates indicating that a person has no criminal record in specified circumstances.

Certain convictions may no longer automatically appear on a certificate after the lapse of prescribed periods or where the law permits their exclusion.

This approach seeks to ensure that minor or historical offences do not unnecessarily prejudice a person’s future prospects.

Certificates Showing Criminal Records

The legislation also identifies categories of convictions that must continue to be disclosed.

Serious offences, particularly those involving violence, sexual offences, offences against children, or other specified crimes, may remain mandatorily disclosable.

The Act is accompanied by schedules specifying convictions that must appear on certificates of character.

Individuals should therefore seek legal advice if they are uncertain as to whether a particular conviction will be disclosed.

Application Procedure

Applications for certificates of character continue to be made through the designated authorities in accordance with the procedures prescribed by law.

Applicants may be required to provide:

• Identification documents;
• Relevant personal information;
• Applicable fees; and
• Any additional documentation requested by the authorities.

The Act also empowers the relevant authorities to establish further administrative procedures through regulations.

Protection from Liability

The legislation provides protection to authorities and persons acting in good faith in the exercise of their functions under the Act.

Such provisions are intended to facilitate the proper administration of the certificate system while ensuring legal certainty.

Offences Under the Act

The Act creates offences for persons who misuse or improperly obtain certificates of character.

Providing false information, making fraudulent applications, or otherwise abusing the certification process may expose an individual to criminal sanctions.

Applicants are therefore advised to ensure that all information supplied is accurate and complete.

Impact on Employers

Employers in Mauritius should review their recruitment policies to ensure compliance with the new legislation.

Businesses should avoid blanket policies automatically excluding candidates with criminal records and instead adopt an individualised assessment process.

Failure to comply with the non-discrimination provisions may expose employers to legal challenges.

Why the New Law Matters

The Certificate of Character Act 2026 represents a significant development in Mauritian law.

The legislation seeks to:

• Promote rehabilitation and reintegration;
• Protect society from serious offenders;
• Encourage fair employment practices;
• Modernise the disclosure regime; and
• Enhance legal certainty regarding certificates of character.

Both employers and individuals should familiarise themselves with the new framework to ensure compliance and to fully understand their rights and obligations.

                                                                                           Making an application

(1) Subject to subsections (2) and (3), any person wishing to obtain a certificate in his name shall apply to the Director of Public Prosecutions, or to the delegated person, in such form and manner as the Director of Public Prosecutions may approve.

(2) Every application made under subsection (1) shall be accompanied —

(a) where it is made by —

(i) a citizen of Mauritius, by the original and 2 photocopies of the applicant’s birth certificate, identity card and, where applicable, marriage certificate; or

(ii) a non-citizen, by the original and 2 photocopies of the applicant’s birth certificate, passport and, where applicable, marriage certificate; and

(b) by the appropriate fee specified in the First Schedule.

 

(3)An employer may, with the written consent of a worker, apply for the issue of a certificate in the name of the worker.

(4)An application under subsection (3) shall be accompanied by—

(a) the documents specified in subsection (2); and

(b) the appropriate fee specified in the First Schedule.

 

(5) A worker who has been issued with a certificate under section 5 and who has submitted the

certificate to his employer shall—

(a) not be required by that employer to apply for another certificate within a period of one year from the date of submission of the certificate;

(b) notwithstanding paragraph (a), disclose to that employer any conviction for a crime or misdemeanour subsequent to such submission.

(6) Notwithstanding subsection (2), a person may make an application electronically in such form and manner as the Director of Public Prosecutions may approve and on payment of such fee as may be prescribed.

Issue of certificate

(1) (a) The Director of Public Prosecutions or the delegated person, where he is not the Commissioner of Police, shall refer every application to the Commissioner of Police for enquiry and report.

(b) Where the delegated person is the Commissioner of Police, he shall cause an enquiry to be conducted into every application.

 

(2) Where the applicant has in Mauritius—

(a) never been convicted of any crime or misdemeanour;

(b) following a conviction for a crime or misdemeanour, other than an offence specified in the

 

Second Schedule, been given only—

(i) an absolute discharge; or

(ii) a conditional discharge, and has complied with the terms and conditions of the discharge;

(c) more than 5 years before making the application, been convicted of a crime or misdemeanour, other than an offence specified in the Second Schedule, and been—

(i) given only a fine of up to 5,000 rupees; or

(ii) made the subject of a probation order only, and has complied with the terms and conditions of the order; or

(d) been granted a free pardon in respect of a crime or misdemeanour pursuant to section 75 of the Constitution, the Director of Public Prosecutions shall issue a certificate in the form set out in Part A or B of the Third Schedule, specifying that the person in whose name the application has been made has never been convicted of a crime or misdemeanour in Mauritius.

(3) For the purposes of subsection (2) (b) and (c), an offence—

(a) under an enactment which is not specified in the Second Schedule; but

(b) of which the constitutive elements are the same as, or substantially similar to, those of an offence specified in that Schedule, shall be deemed to be an offence specified in the Second Schedule.

(4) Where a person has been convicted of a crime or misdemeanour and none of the circumstances specified in subsection (2) is applicable, the Director of Public Prosecutions shall issue a certificate in the form set out in Part C or D of the Third Schedule.

(5) Where an applicant requires more than one original of a certificate within a period of 3 months from the date of issue of the certificate, the Director of Public Prosecutions shall, on payment by the applicant of the appropriate fee specified in the First Schedule, issue up to a maximum of 3 originals of the certificate.

(6) (a) Subject to paragraph (b), the Director of Public Prosecutions shall not issue another certificate in the name of a person within a period of 3 months following the issue of a certificate to that person.

(b) The Director of Public Prosecutions may issue another certificate in the name of a person within the period of 3 months where—

(i) there has been a material change in the circumstances of that person; or

(ii) the subsequent application is made by an employer under section 4.

(7) (a) The Director of Public Prosecutions may authorise a law officer from his Office to issue a certificate on his behalf.

(b) Where the delegated person is the Commissioner of Police, he may authorise a police officer not below the rank of Assistant Commissioner of Police to issue a certificate on his behalf.

Offences and proceedings

(1) Any person who tampers with, forges or fraudulently alters a certificate shall commit an offence and shall, on conviction, be liable to a fine not exceeding 50,000 rupees and to imprisonment for a term not exceeding 8 years.

(2) A worker who contravenes section 4 (5) (b) shall commit an offence and shall, on conviction, be liable to a fine not exceeding 25,000 rupees and to imprisonment for a term not exceeding 2 years.

(3) In any proceedings in which the genuineness of a certificate is in question —

(a) an attestation under the hand of the Director of Public Prosecutions, or the delegated person, to the effect that a certificate is or is not genuine shall be received in all Courts as conclusive evidence of that fact;

(b) the Director of Public Prosecutions, the delegated person or a law officer authorised to issue the certificate on behalf of the Director of Public Prosecutions, or a police officer authorised by the Commissioner of Police to issue a certificate on his behalf, shall not be examined or cross-examined with respect to the genuineness of the certificate.

Legal Advice

If you have concerns regarding the disclosure of a criminal conviction, employment rights, or the effect of the Certificate of Character Act 2026 on your personal circumstances, obtaining professional legal advice is highly recommended.

At SK Adheen Chambers, we do provide legal advice and representation on criminal law, employment law, administrative law, and related matters in Mauritius.