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Eddy Balancy
Eddy Balancy
Eddy Balancy
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Marc France Eddy Balancy (born 6 May 1953) is a Mauritian attorney general and politician. He served as acting president of Mauritius between 26 November and 2 December 2019.

Key Information

Barlen Vyapoory,[1] who has been carrying out this duty in acting capacity and had been the vice president since 2016, assumed the duty temporarily on 23 March 2018 after the resignation of the then-president Ameenah Gurib-Fakim, but with the statement he made on 26 November 2019, he announced his resignation. Balancy, who served as the Attorney General after this development, was temporarily appointed to this office until the new president was elected.[2] However, instead of Balancy, who held this post until 2 December, the National Assembly appointed Prithvirajsing Roopun on that date.[3]

References

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Eddy Balancy

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Marc France Eddy Balancy, commonly known as Eddy Balancy, is a Mauritian jurist who served as Chief Justice of the Supreme Court of Mauritius, having been appointed to the position on 26 March 2019 in accordance with Section 77(1) of the Constitution. He briefly acted as President of Mauritius from 26 November to 2 December 2019 amid a vacancy in the presidency. Balancy's career progressed from barrister in private practice to senior judicial roles within the Supreme Court, culminating in his leadership of the judiciary until May 2020.

Early life and education

Early life

Marc France Eddy Balancy was born on 6 May 1953 in Mauritius. His father, René Balancy, was a notable figure in Mauritian society.

Education

Balancy completed his secondary education at Royal College Port Louis, one of Mauritius's prestigious institutions. He then studied law in the United Kingdom, earning a Bachelor of Laws (LLB) from King's College London in 1976. In 1978, he obtained a Master of Arts (MA) in sociology and law from Brunel University London, which complemented his legal training with interdisciplinary perspectives on social structures and legal systems. These qualifications established a robust academic foundation in common law principles and socio-legal analysis, essential for navigating Mauritius's hybrid legal framework influenced by English, French, and customary traditions.

Judicial career

After completing his legal education, Balancy was called to the bar and commenced practice as a barrister in Mauritius. His professional focus included criminal law, evidenced by his scholarly contributions during this period. In 1984, he authored The Law of Conspiracy in Mauritius, a work examining conspiracy offenses under Mauritian criminal procedure as part of the Studies in Criminal Law and Procedure series.

Supreme Court appointments

Balancy was appointed a puisne judge of the Supreme Court of Mauritius, drawing on his prior experience as a barrister in private practice. He served in this capacity and as a judge for approximately 25 years, handling cases within the court's original and appellate jurisdictions. During his tenure, Balancy progressed to the role of Senior Puisne Judge, the second-highest position in the judicial hierarchy after the Chief Justice. In this position, he contributed to the adjudication of significant matters before the full bench of the Supreme Court.

Chief Justice

Appointment

Marc France Eddy Balancy was appointed Chief Justice of the Supreme Court of Mauritius by the President, acting after consultation with the Prime Minister, in accordance with Section 77(1) of the Constitution. This provision stipulates that the Chief Justice shall be so appointed to head the judiciary. The appointment followed the retirement of the previous Chief Justice, Keshoe Parsad Matadeen. Balancy, who had prior experience as a senior judge on the Supreme Court, succeeded to the position. He was sworn in as Chief Justice on 26 March 2019 during a ceremony at the State House.

Tenure

Eddy Balancy served as Chief Justice of the Supreme Court of Mauritius from March 2019 to May 2020. His term was planned to end upon reaching retirement age in May 2020, though he requested a brief extension of 13 days to finalize pending judgments. As Chief Justice, Balancy oversaw the operations of the Supreme Court, ensuring the administration of justice amid ongoing caseloads. While specific reforms initiated under his leadership are not prominently documented, his tenure included commentary on key judicial matters, reflecting his approach to legal interpretation. In particular, Balancy publicly stated that he did not entirely subscribe to all aspects of the reasoning in the Dayal vs. Jugnauth election petition judgment. Balancy's positions emphasized rigorous judicial reasoning, aligning with broader principles of during his oversight of court proceedings.

Acting presidency

Appointment as acting president

Following the resignation of acting President Barlen Vyapoory on 26 November 2019, a vacancy arose in the office of President of Mauritius. Under section 28(7) of the Constitution of Mauritius, which states that where the office of President is vacant or the President is unable to perform its functions and there is no vice-president available, those functions shall be performed by the Chief Justice, Eddy Balancy assumed the duties of acting president while continuing in his judicial role. Balancy was formally sworn into the interim presidency in accordance with constitutional requirements, enabling him to discharge presidential functions until a successor was appointed.

Term in office

Eddy Balancy served as acting president of Mauritius from 26 November to 2 December 2019, a term of six days following a vacancy in the presidency. During this period, he performed the ceremonial duties of the office, providing stability amid the transition to a new head of state. His non-partisan role, enabled by his judicial background as Chief Justice, facilitated the handover upon the National Assembly's unanimous election of Prithvirajsing Roopun as president on 2 December 2019.

References

  1. https://allafrica.com/stories/201903260858.html
  2. https://worldleadersindex.org/mauritius.html
  3. https://lexpress.mu/s/article/414610/eddy-balancy-i-do-not-entirely-subscribe-all-aspects-reasoning-dayal-vs-jugnauth
  4. https://studylib.net/doc/17686711/curriculum-vitae-of-marc-france-eddy-balancy--name-marc-f...
  5. https://www.lemauricien.com/le-mauricien/marc-gregoire-the-forgeron-at-lescalier-who-became-a-senior-accountant-at-harrods/490719/
  6. https://mu.linkedin.com/in/eddy-balancy-265a9a59
  7. https://docs.un.org/en/E/2016/9/Add.4
  8. https://books.google.com/books/about/The_Law_of_Conspiracy_in_Mauritius.html?id=yNJUHQAACAAJ
  9. https://cdn.accf-francophonie.org/2019/03/maurice-constitution2016.pdf
  10. https://govmu.org/EN/newsgov/SitePages/2014/JUSTICE-KHESHOE-PARSAD-MATADEEN-APPOINTED-CHIEF-JUSTICE-OF-MAURITIUS.aspx
  11. https://ictpolicyafrica.org/en/document/mra5v3sjmcp?page=60
  12. https://www.panapress.com/Mauritian-papers-highlight-the-a-a_630582582-lang2.html
  13. https://www.bis.org/review/r151202d.htm
  14. https://www.webmauritius.com/article/gov_mu_news/Swearing-in+ceremony+of+newly+appointed+Chief+Justice+Eddy+Balancy/818641
  15. https://rulers.org/indexb1.html
  16. https://lexpress.mu/s/article/376492/judiciaire-eddy-balancy-remercie-presidence
  17. https://www.facebook.com/lexpress.mu/posts/you-have-ensured-that-the-rigour-and-discretion-required-by-the-office-of-a-judg/10158439656774540/
  18. https://rulers.org/2019-11.html
  19. https://www.constituteproject.org/constitution/Mauritius_2016?lang=en
  20. https://www.archontology.org/nations/mauritius/00_1992_td_s.php
  21. https://allafrica.com/stories/201912020598.html
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