In a landmark case involving Polytol Paints and Mauritius, the Common Market for Eastern and Southern Africa (COMESA) Court of Justice First Instance Division made a ruling that suggests that regional integration within COMESA is pursued within a framework of community law, and that this system is fairly effective. It is understood that a notice of appeal has since been filed by the Mauritius Government. As consideration of this case continues, the current ruling of the COMESA Court brings to the fore a number of issues that are worth discussing.

This paper reviews the concept of community law and the extent to which COMESA is indeed a form of it, based on the aforementioned case. The origins of the concept of community law are first explored, followed by the background of the Polytol Paints v Mauritius case and the ruling of the COMESA Court. The existence of community law and its legal effect in COMESA are also explored.

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