LOCAL GOVERNMENT ACT 2011 – AMENDMENT
(No. B/493)
Mr E. Guimbeau (First Member for Curepipe & Midlands) asked the
Minister of Local Government and Outer Islands whether, in regard to the Local Government
Act 2011, he will state if consideration will be given for amendments to be brought to section
18(5) thereof to provide that the vacant seat shall be filled by the first available person of the
same sex on the Municipal City Councillor’s, Municipal Town Councillor’s or Village
Councillor’s groups reserve list, in the order of precedence in which his/her name appears on the
list and, if so, when, and if not, why not.
Mr Aimée: Mr Speaker, Sir, the Local Government Act 2011 makes provision for a
group to submit to the Electoral Supervisory Commission a list of reserve candidates for the
purpose of filling any vacancy which may occur after an election and before the next general
election.  The list shall indicate the order of precedence of each of the candidates appearing on
the list, provided that not more than two consecutive candidates on the list shall be of the same
sex.
Section 42 of the Act provides for any vacant seat to be filled by the first available person
on the group’s reserve list in the order of precedence in which his name appears.
I do not intend to bring amendments to the Act for the filling of vacancies by the first
available person of the same sex on the group’s reserve list because -
(i) The Act requires the group to indicate the order of precedence of each candidate
appearing on the list.  This is the prerogative of the group.  Such list consisting of
more than two persons up to a maximum of 6 persons shall not have more than
two consecutive persons of the same sex.
(ii) The decision to elect any candidate during an election rests with the electorate.
The Local Government Act and the amendment brought to the Constitution do not
guarantee the election of a person of a particular sex, but gives a fair opportunity
to groups to present persons of both sexes as candidates in a local government
election.  Amending the Act to provide for filling of vacancies by the same gender
may lead to discrimination under the Constitution and the Equal Opportunities
Act. 84
(iii) The next Local Government Elections will be the first opportunity given to our
electorate to choose to vote for a male or a female candidate.  If the electorate
chooses to vote only for candidates of a  particular sex, amending the Act to
provide for the filling of a vacancy by the first available person of the same sex on
the reserve list may result to a situation where only one sex is represented in our
Councils.
At the time of drafting the Act, I did consider the proposal for filling vacancies by
persons of the same sex, but because of reasons mentioned, provision to that effect was not made
in the Act.  However, the act ensures a fair repartition in the order of precedence of names on the
list so that one gender does not find itself at the complete end of the list.
Mr Guimbeau: Yes, Mr Speaker, Sir, but one of the aims of amending the Local
Government Act is to try and provide a better representativity of women.  So, what I am
proposing, here, Mr Speaker, Sir, is that a vacancy shall be filled by the first available person of
the same sex.  If the vacancy is for a woman, you replace by a woman and if the vacancy is for a
man, you replace by a man.
Mr Speaker: The hon. Member should put his question.
Mr Aimée: Mr Speaker, Sir, I explained in my reply that this can bring to discrimination
which is not covered under the Constitution.
Mr Guimbeau: Positive discrimination for women, Mr Speaker, Sir.
Mr Speaker: The hon. Minister has answered.  The hon. Member can come with his
point at some other time or at Adjournment Time.
Next question! Hon. Soodhun!
Sitting of tuesday 10th July 2012
(No. B/493)
Mr E. Guimbeau (First Member for Curepipe & Midlands) asked the Minister of Local Government and Outer Islands whether, in regard to the Local Government Act 2011, he will state if consideration will be given for amendments to be brought to section 18(5) thereof to provide that the vacant seat shall be filled by the first available person of the same sex on the Municipal City Councillor’s, Municipal Town Councillor’s or Village Councillor’s groups reserve list, in the order of precedence in which his/her name appears on the
list and, if so, when, and if not, why not?
Mr Aimée: Mr Speaker, Sir, the Local Government Act 2011 makes provision for a group to submit to the Electoral Supervisory Commission a list of reserve candidates for the purpose of filling any vacancy which may occur after an election and before the next general
election.  The list shall indicate the order of precedence of each of the candidates appearing on the list, provided that not more than two consecutive candidates on the list shall be of the same
sex.
Section 42 of the Act provides for any vacant seat to be filled by the first available person on the group’s reserve list in the order of precedence in which his name appears.
I do not intend to bring amendments to the Act for the filling of vacancies by the first available person of the same sex on the group’s reserve list because -
(i) The Act requires the group to indicate the order of precedence of each candidate appearing on the list.  This is the prerogative of the group.  Such list consisting of more than two persons up to a maximum of 6 persons shall not have more than two consecutive persons of the same sex.
(ii) The decision to elect any candidate during an election rests with the electorate.
The Local Government Act and the amendment brought to the Constitution do not guarantee the election of a person of a particular sex, but gives a fair opportunity to groups to present persons of both sexes as candidates in a local government election.  Amending the Act to provide for filling of vacancies by the same gender may lead to discrimination under the Constitution and the Equal Opportunities
Act. 84
(iii) The next Local Government Elections will be the first opportunity given to our electorate to choose to vote for a male or a female candidate.  If the electorate chooses to vote only for candidates of a particular sex, amending the Act to provide for the filling of a vacancy by the first available person of the same sex on the reserve list may result to a situation where only one sex is represented in our
Councils.
At the time of drafting the Act, I did consider the proposal for filling vacancies by persons of the same sex, but because of reasons mentioned, provision to that effect was not made in the Act.  However, the act ensures a fair repartition in the order of precedence of names on the list so that one gender does not find itself at the complete end of the list.
Mr Guimbeau: Yes, Mr Speaker, Sir, but one of the aims of amending the Local Government Act is to try and provide a better representativity of women.  So, what I am proposing, here, Mr Speaker, Sir, is that a vacancy shall be filled by the first available person of
the same sex.  If the vacancy is for a woman, you replace by a woman and if the vacancy is for a man, you replace by a man.
Mr Speaker: The hon. Member should put his question.
Mr Aimée: Mr Speaker, Sir, I explained in my reply that this can bring to discrimination which is not covered under the Constitution.

Mr Guimbeau: Positive discrimination for women, Mr Speaker, Sir.
Mr Speaker: The hon. Minister has answered.  The hon. Member can come with his point at some other time or at Adjournment Time.
Next question! Hon. Soodhun!