The First Instance Division of the COMESA Court of Justice is currently sitting at the Mauritius International Arbitration Centre, Port Louis, Mauritius for the hearing of Reference No.1 of 2019 Agiliss Ltd v The Republic of Mauritius and 4 others. The matter is before the full bench of 7 Judges, with Honourable Lady Justice Qinisile Mabuza presiding.

The Applicant, Agiliss Ltd, filed a reference in 2019 against the first Respondent, the Republic of Mauritius, and four Co-Respondents challenging a cabinet decision by the first Respondent that imposed customs duty on the import of edible oils from COMESA Member States. The Applicant further alleges and challenges the decision by the first Respondent to invoke Article 61 of the COMESA Treaty for the imposition of a safeguard measure.

The Applicant seeks a declaration that the decision by the first Respondent was in breach of the COMESA Treaty and the COMESA Regulations on Trade Remedy Measures as well as an order awarding the Applicant costs of and incidental to the Reference.

The First Instance Division is due to render its judgment on 4 February 2025.