Against communalism of the best-loser system - Lalit Mauritius

The Forces Against the Communal Best-Loser Mount up
As Lalit is launching its new campaign against communalism and against the communal Best
Loser system, we would like to point out that we are not alone. Over the past 20 years, Lalit has
gathered support for the idea of doing away with this iniquitous bit of constitutional legislation.
The Supreme Court Against
After Lalit’s action of drawing out of a hat which of the four supposed “communities” to put on
our Nomination Papers for the General Elections of the year 2000, we were taken to Court by an
elector represented by M. Yousouf Mohamed, a long-time and lone supporter of the Best Loser
system. He challenged the “community” many of us had filled in, as well as the community
filled in by some Nouvo Lizour candidates and Tamil Council candidates. In his judgment
reproduced in toto later in the book, Justice Seetulsingh said:
“Some 33 years after the Constitution was drafted one cannot escape the fact that a common
way of Mauritian life has gradually and steadily developed in Mauritius which cuts across
communal barriers. This makes it still more difficult for a judge of the Supreme Court … to
determine whether somebody belongs to a particular community by looking at his way of life
[which the Constitution requires us to do]. The issue futher arises as to how the judge can
determine the way of life of a citizen unless he becomes like Big Brother in H.G. Wells' [novel]
1984 and watches how a citizen leads his private life.”
Justice Seetulsingh concluded his judgement with an appeal for electoral reform that would get
rid of such “defects” in the Constitution caused by the Best Loser system:
“Being given that, in view of the stand taken by the Respondents, it has not been possible for me
to look objectively at the way of life of the Respondents to determine their community, I have to
confess that our Constitution is lacking in those respects and that this has to be remedied. We
understand that a project of electoral reform is on the cards and hope that these defects would be
remedied in the near future.”
President of the Electoral Supervisory Commission Against
The late André Robert, said that the elimination of the question on community from the 1982
Census would help eliminate communalism. “The Commission is of the unanimous opinion that
it would help considerably to eliminate communalism in not requiring persons in the next
census to be carried out next year (1983) to state the community to which they belong.” He also
said that for the next election, the communal best loser system should either be eliminated
altogether or turned into a form of Proportional Representation, where only the underrepresented
party be considered in naming best losers. (Quoted article by Henri Marimootoo, in
Week-End, 9 April, 2000).
Sir Marc David, ex President of the Electoral Commission against
In 1999, in an article signed jointly with Pierre Dinan, Sir Marc David took a principled stand
against the communal best loser system. (See Le Mauricien 18 November, 1999).
Justice Harold Glover, Electoral Commissioner, against
When the MMM-PSM Government in 1982 asked him his opinion on the question of
community being removed from the Census, he said: “… it stands to reason that the whole
system of additional seats, should, in my view, be scrapped altogether in as much as such a
system is based on pure communalism.” (See quote in an article in Week-End, 9 April, 2000.)
Mr. Cassam Uteem, President of the Republic Against
In an article on 5 January, 2004 entitled “Electoral System: A Perversion of Democracy”, Mr.
Cassam Uteem, ex President of the Republic, said, “No responsible Mauritian citizen would
today wish the perpetuation of the Best Loser System. Its elimination has become our common
concern.”
Political Parties Against
In addition to Lalit, there are a number of political parties that have taken a stand against.
First there is Nouvo Lizour, whose candidates refused in 2000 to classify themselves. Second
there is the RPR (See Le Mauricien 12 February, 1999) and third the Mouvement Republicain