The Mauritian government has proposed the establishment of a National Crime Agency (NCA) to combat financial crime, cybercrime, and organized crime. Nine bills have been put forth to create this new agency, which has sparked debate among politicians. The proposed NCA would have powers to investigate, surveil, and seize assets, subject to legal procedures.
The leader of the Mauritian Militant Socialist Movement (FMP), Paul Bérenger, has expressed concerns over the agency's powers and independence. On September 19, Bérenger described the project as a "non-conformist copy" of the British model, which the UK is currently reviewing. He questioned the extent of the NCA's powers, particularly the ability to take over police investigations or conduct joint inquiries with the police commissioner.
The proposed NCA Bill grants the Director-General significant powers, including taking charge of police investigations, returning them to the police, or conducting joint investigations with the police commissioner. The bill also outlines various investigative, surveillance, and seizure powers. Bérenger's concerns center on the potential for institutional overlap, given that the police commissioner is a constitutionally mandated authority.
The FMP is also concerned about the guarantees surrounding surveillance powers and the independence of the NCA's leadership. Another sensitive issue is the appointment of the first Director-General, with Bérenger questioning the role of the Prime Minister during the transition phase. The FMP plans to conduct a legal review of the bill's provisions and may challenge certain aspects in the Supreme Court if deemed unconstitutional.
In response, the government has defended the reform as essential to strengthening the fight against serious and complex crime. The nine bills include the creation of an interim National Crime Agency, an Independent Advisory Panel, and a new framework for financial crime. The government has allocated Rs 200 million in the 2026-2027 budget for the NCA's establishment.
The proposed NCA would not only create a new investigative unit but also impact police organization, investigative powers, asset recovery, and institutional guarantees. The debate is now focused on balancing effective crime-fighting with adequate oversight. The NCA project has been compared to the UK's model, which has undergone reforms since its establishment in 2013.
The Mauritian government aims to finalize the NCA's establishment, addressing concerns from various stakeholders. The FMP's reservations highlight the need for careful consideration of the agency's mandate and powers to ensure its effectiveness and legitimacy.
Key points
- The proposed National Crime Agency would have significant investigative powers, including taking charge of police investigations.
- The FMP has expressed concerns over the agency's independence and potential institutional overlap.
- The government has allocated Rs 200 million for the NCA's establishment in the 2026-2027 budget.
