Upon application for rescission of the Restriction Order, the Court held that the principle of ‘’generalia specialibus non derogant’’ does not apply. Even if the UN Sanctions was enacted after the Asset Recovery Act, the two legislations are not in direct conflict inasmuch as both legislations have their own specificity. While the UN Sanctions Act enables the Government of Mauritius to fight against terrorism and related offences, the ARA provides for an asset recovery framework, establishing a legal mechanism for the recovery of assets by the enforcement authority as established by section 9 of the FIAMLA. As empowered by the Asset Recovery Act, the FIU should take necessary actions as it deems fit against transactions which is reasonably believed to be recoverable under the Asset Recovery Act to be proceeds, a benefit or an instrumentality or terrorist property.
The application was set aside with costs