r,r) 6�!:tEB p,.CHP� Human R:ghts our Collect,ve Re::;ponsibility Human and Peoples' Rights 75. The Supreme Court also has civil and criminal appellate jurisdiction,8 and for this purpose it has two divisions which constitute the Court of Civil Appeal and the Court of Criminal Appeal. 9 Judges of the Supreme Court are also judges of the Courts of Appeal.1° Appeals to the Supreme Court sitting as Court of Civil Appeal lie from: the Supreme Court constituted by a single judge dispatching original civil jurisdiction, and other courts subordinate to the Supreme Court.11 Except as may be expressly provided otherwise in an enactment, appeals to the Supreme Court sitting as a Court of Appeal are heard before at least two (2) judges.12 The Court of Civil Appeal Act is categorical in stating that the Court of Civil Appeal shall be constituted by two (2) or three (3) judges as the Chief Justice shall in any case direct, but shall not include the judge from whose decision the appeal is made." 13 76. Further, appeals from the Supreme Court and the Courts of Civil and Criminal Appeal lie to the Judicial Committee of Privy Council (JCPC) established by the Judicial Committee Act 1 833 of the United Kingdom as amended from time to time. 14 An appeal does not lie from the Supreme Court exercising original jurisdiction to the JCPC if the appeal lies to the Court of Appeal as of right.15 The JCPC may also grant special leave to appeal directly from any court in any civil or criminal matter. 16 77. From the foregoing, it follows that the trajectory for exhausting local judicial remedies is in normal circumstances as follows: (a) from a subordinate first instance court to the Supreme Court in which case the latter sits as a Court of Appeal; (b) from the Supreme Court dispatching original (first instance) jurisdiction to the Supreme Court sitting as a Court of Appeal; (c) from the Supreme Court sitting as a Court of Appeal to the JCPC; ( d) with special leave from any court to the JCPC. The JCPC is accordingly the apex judicial appellate body for the Respondent State. s Id, s. 69(1) 9 Constitution of the Republic of Mauritius 1968 (Rev. 2011) (the Constih1tion), Art. 80(1) 10 Id, Art. 80(3) 11 Courts Act 1945, n 4 above, s. 69(1) 12 Id, s. 70 , 13 Court of Civil Appeal Act of Mauritius, Section 2(3) u The Constitution, Art. 81(1) as red together with Art. 111 ( I) ..., 1s Id, proviso to Art.81(1) � ,u 16 Id, Art. 81(5) ; :::! � :·\I Page 17 of45 Afi�n' 1 Union, � f �' J H an and Peoples' Rights " ut, Kombo North District, est Coast Region Gambia 0 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-Lrnion.org htlps:iachpr.au.int,O O a