The President of the Republic of Mauritius Prithviraj Roopun appointed Rehana Bibi Mungly-Gulbul to the position of chief justice on Tuesday, marking the first time that a woman has ascended to the highest position in the Mauritian judiciary.
Her appointment, which takes effect on November 18, comes as a result of a vacancy created at the office following the departure of Justice Asraf Caunhye. Caunhye retired after spending over 20 years at the Supreme Court of Mauritius. Gulbul currently holds the title of senior puisne judge, which is the second highest office in the Judiciary. She was elevated to the office of chief justice in conformity to the traditional practice of presidents following the seniority hierarchy and appointing the senior puisne judge as chief justice once a vacancy is created.
While under the Mauritian Constitution the chief justice is appointed by the president after consultation with the prime minister, successive governments in Mauritius have followed the rule of seniority in the appointment process. This ensures stability in the judiciary. The office of the chief justice holds special importance, since the chief justice has precedence over any other judges. The chief justice is second in line to succeed the presidency in case of removal, death or resignation, until a new president is elected.
Gulbul’s ascension to the office of the Chief Justice would also mean that Nirmala Devat, another female judge and the current number three of the Judiciary, will likely be elevated to the office of the senior puisne judge. It would also affirm the presence of women at the island-nation’s highest court, which counts 15 women and seven men amongst its ranks.