Mauritian Legal Services for South African Clients

Acting for South Africans in Mauritius

South Africans are among the most numerous foreign buyers, retirees and business arrivals in Mauritius, and the legal questions they bring are consistent: what am I actually buying, what does the permit give me, what happens to this asset when I die, and what happens if the marriage ends while we are both living here.

Lex Aquila Advocates is a Port-Louis barrister's chambers. Me Mokshda Pertaub has practised at the Bar of Mauritius since January 1998 and is a former Director of the Institute for Judicial and Legal Studies. Her professional work has included South African engagements: she has acted on retainer for Maureen Kark Wellness, and has worked with the Centre for Human Rights at the University of Pretoria on a review of violence-against-women legislation. Instructions from South African clients are taken in English.

A couple standing together in the doorway of a new home

Property, and what the schemes actually give you

Non-citizens acquire residential property in Mauritius through defined schemes — IRS, RES, PDS and Smart City projects, promoted through the Economic Development Board — rather than freely on the open market. The purchase documents repay careful reading before signature: what is being sold, what the title says, what obligations attach, what happens on resale, and what happens on death. That last point is regularly left until it is a problem for the family rather than the buyer.

Residence and retirement

The usual routes are the Occupation Permit, handled through the Economic Development Board, the Residence Permit for retired non-citizens, and the Premium Visa administered by the Passport and Immigration Office; permanent residence sits within the framework of the Immigration Act 2022. The chambers advises on what these mean legally rather than filing applications in place of the authorities that handle them.

Succession across two countries

Mauritian succession is governed by the Code Civil Mauricien, and Mauritius levies no inheritance, estate, succession or donation tax. That is not the whole picture for a South African family: your position at home is for your South African advisers, and the two sides of an estate need to be planned together. Our estate and succession law practice covers wills, inheritance and the winding up of estates in Mauritius, and we are used to working alongside foreign professional advisers.

Family matters

Where a couple has moved here together, or where one spouse is Mauritian, questions of divorce, maintenance and arrangements for children turn on where the marriage took place, the regime it was contracted under, and where the family is now habitually resident. Our family law practice covers matrimonial proceedings, divorce, alimony, custody and child abduction, including cases where a child has been taken out of Mauritius or brought into it — matters in which the first days count.

How to instruct the chambers

Contact by WhatsApp or email is normal from South Africa, with documents exchanged electronically and a call arranged once we know what the matter involves. Background on buying, permits and succession is on the expat guide; if your matter is already before a court, the areas we serve page explains the court structure. Business and contract work is covered under civil and commercial law.

Other country guides

Instruct the chambers

+230 5858 7956
mepertaub@gmail.com
Suite 304, St James Court,
St Denis Street, Port-Louis

Questions from South African clients

Asked in most first consultations

Can we do everything from Johannesburg or Cape Town?

Most of it, yes. Instructions, documents and advice travel electronically. Where a signature in original or your attendance is required, we give you notice well ahead.

Is there death duty on Mauritian property?

Mauritius levies no inheritance, estate, succession or donation tax. Your South African position is a separate question for your advisers there, and the two should be looked at together.

Do you work with our South African attorneys?

Regularly. Cross-border matters go better when both sides of the file talk to each other rather than through the client.

Read the full FAQ

Speak to the chambers

Telephone or WhatsApp +230 5858 7956, or write to mepertaub@gmail.com