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Generalized Social Contribution: Business Mauritius Withdraws Its Application For Judicial Review

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The association Business Mauritius (BM) has, last Thursday, withdrawn its application for judicial review before the Supreme Court.

In a letter addressed to the Supreme Court, Mr. Thierry Koenig, Senior Attorney and representative of the BM and other contestants, explains that after the pleadings of February 17, 2021, the Parliament has passed “The Social Contribution and Social Benefits Act”, which came into force on September 01, 2021. This act, according to the Senior Attorney, repealed the CSG regulations.

“The Parliament has granted what the plaintiffs claimed before the Supreme Court. Consequently, there is no more litigation because the request for authorization for judicial review is now redundant and no judgment is necessary,” said Thierry Koenig in the said correspondence.

To this effect, the Senior Attorney specifies that this step has “no implication” on the complaint of his clients to challenge the constitutionality of the CSG.

Note that Busines Mauritius, which includes more than 1200 local companies, challenged, through a judicial review, the implementation of the pension plan, the Generalized Social Contribution (CSG) in favor of the old formula of contributions to the National Pensions Fund (NPF).

The four contestants in the case are Business Mauritius, V. D’Unienville & Associates Co Ltd, a private company, Louis Henri André Jean Claude Louison, an employee of the Saint-Antoine sugar company, and Derick Andre Steinhobel, an engineer of Arup (Mtius) Ltd.  The petition was directed against the Minister of Finance, Renganaden Padayachy, and the Minister of Social Security, Fazila Jeewa-Daureeawoo.

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