The Government aims at making of Mauritius a legal hub and the holding of the current COMESA Court of Justice Retreat on the island is more than welcome, stated the Attorney General, Mr. Yatin Varma, yesterday at the opening of the Retreat held at the Intercontinental Hotel in Balaclava.
The Retreat which is held from 12 to 16 July 2010 will review the current Strategic Plan of the COMESA Court of Justice and prepare a new Strategic Plan for the period 2010-2015. It will focus on issues like: Fair and Timely Case Resolution; Access to Justice; A Strong Judiciary and Workforce; A Sound Infrastructure; Security and Disaster Preparedness; and Public Trust, Confidence and Awareness.
The Attorney General pointed out that through its duty of ensuring the observance of the rule of law in its interpretation and application of the COMESA Treaty, the Court has an important role to play in the integration agenda of COMESA.
As COMESA proceeds further with the integration process such as the launching of the COMESA Customs Union in June 2009 and the start of the process for a single Free Trade Area for the three Regional Economic Communities, namely the COMESA, EAC and SADC (Common Market for East and Southern Africa, East African Community and the Southern Africa Development Community) the COMESA Court of Justice will be called upon to play an increasingly prominent role in harmonising the legal instruments in the region, added Mr. Yatin Varma as he laid emphasis on the strategic importance of the COMESA Court.
The COMESA Court has jurisdiction to adjudicate upon all matters which may be referred to it pursuant to the COMESA Treaty. Specifically, it ensures the proper interpretation and application of the provisions of the Treaty and adjudicates any disputes that may arise among Member States regarding the interpretation and application of the provisions of the Treaty.
The decisions of the Court are binding and final. Decisions of the Court on the interpretation of the provisions of the COMESA Treaty have precedence over decisions of National Courts. To ensure the independence of the Court, Article 9 (2) (c) of the COMESA Treaty provides that the Council shall give directions to all other subordinate organs of COMESA other than the Court in the exercise of its jurisdiction.
The COMESA Court of Justice was established under Article 7(1) of the COMESA Treaty signed on 5 November 1993 in Kampala, Uganda and ratified a year later in Malawi on 8 December 1994. The Court is currently composed of twelve judges, constituting the Appellate and First Instance Divisions.
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