Independent civic consultation · Mauritius

National Crime Agency Bill 2026 – Independent Amendments

INDEPENDENT AMENDMENTS | BILL XVII/2026

National Crime Agency Bill 2026

Proposed safeguards covering 85 clauses and a Schedule. This is the independent consolidated legislative work prepared in six phases, not the official parliamentary text.

27 September 2026Dave Kissoondoyal, LL.M. (Cyberlaw) | MBA (Information Systems)
Independent proposal, not an official Bill. This analysis and the six-phase amendment package were prepared from the two Bills circulated in September 2026. They do not constitute Government legislation, an enacted Act or Parliamentary Counsel text. The precise wording must be reconciled against the Bills subsequently listed on the Order Paper of 20 October 2026 (Nos. XVII and XVIII) and related Bills before any clause-by-clause comparison is described as current.

← Entire six-phase submission Official Bill record on Mauritius.name →

1. Institutional architecture and safeguards (Phase II, clauses 1-30)

Clauses 2-5
Legal purpose and operational independence

Clarify rights, definitions, the lawful scope of agency powers and the limits on political or informal direction.

Clauses 11-17
Intelligence and internal integrity

Narrow open-ended intelligence mandates, strengthen retention and audit safeguards, digital forensic integrity and internal accountability.

Clauses 18-25
Director-General and appointments

Introduce stronger appointment, removal and acting-tenure safeguards, transparent recruitment and defined boundaries for leadership and staff.

Clauses 27-30
Governance structures

Support governance and leadership boards with credible oversight, independence and accountability provisions.

2. Investigative powers and procedural rights (Phase III, clauses 31-59)

Clauses 31-36
Protected disclosure

Secure reporting channels, whistleblower protection, fair investigation and independent handling of serious concerns.

Clauses 37-42
Jurisdiction, questioning and privilege

Objective thresholds for taking over cases; protection against self-incrimination, legal professional privilege, and safeguards during compelled questioning.

Clauses 43-46
Entry, search, seizure and financial information

Judicially authorised private-premises searches, necessity, proportionality, court supervision and third-party rights.

Clauses 47-55
Electronic evidence, interception and covert techniques

Specific safeguards for preservation, production, traffic-data collection, content interception, covert surveillance and equipment interference.

Clauses 56-59
Arrest, custody and DPP boundaries

Procedural safeguards for arrest and detention and a clear separation between investigation and prosecutorial decisions.

3. Data, finance and transition (Phase IV, clauses 60-85 and Schedule)

Clauses 60-63
National Flagging Database

Purpose and listing thresholds; reasoned and time-limited markers; role-based searches, independent audits, correction, deletion and retention safeguards.

Clauses 64-66
Inter-agency collaboration

Coordinate agencies without granting new powers by protocol or directing independent investigation and prosecution decisions.

Clauses 67-75
Asset declarations, financial controls and audit

Independent controls over declarations, recovered assets, NCA funds and virtual asset custody, with accountable reporting and audit.

Clauses 76-80
Confidentiality, remedies and regulations

Confidentiality that does not conceal wrongdoing, safeguards for lawful disclosures and appropriately bounded institutional protections.

Clauses 81-85 + Schedule
Transfer, savings and commencement

Continuity of pending proceedings, evidence, court orders and staff arrangements, with sequenced transition and a qualified confidentiality oath.

Full proposed wording and reasons

Phases II-IV contain the comparative Government wording, proposed deletions, insertions and rationale. Phase VI, Document I provides a clean consolidated proposed reading text of all 85 clauses and the Schedule. This website overview is a guide, not a substitute for those complete documents.

4. Interim Agency safeguards (Phase V, separate Bill XVIII/2026)

Phase V has not been omitted: it contains the separate clause-by-clause proposed amendments to all 20 clauses of the National Crime (Interim) Agency Bill 2026. It is included in the complete six-phase document list below so readers can follow the entire NCA package in order.

Original documents and complete legislative wording

The source documents are the six-phase technical package dated 27 September 2026. A PDF link appears only after its original file has been attached and its URL entered by the site administrator.

Source: Dave Kissoondoyal, NCA Legislative Amendment Package 2026, Phases I-VI, dated 27 September 2026. Phase V concerns the separate Interim Agency Bill.