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The COMESA Court of Justice has embarked on a publicity programme in countries which are members to sensitise Governments and business communities on the roles of the Court in deepening regional integration among Member States. The program is aimed at informing law practitioners, various Government Officials, the business communities and other stakeholders about the remedies that the COMESA Court of Justice can afford to litigants in an effort to promote trade developments regarding the region and the continent. This is inaddition to provisions and applications of the COMESA Treaty.
The COMESA Court of Justice is the judicial organ of COMESA whose core function is to adjudicate upon all disputes between Member States that would arise from the interpretation and application of the COMESA Treaty.
Since inception, the Court, with headquarters in Khartoum, Sudan has been underutilised as stakeholders; principally, the business community and Governments have not been well informed about its functions and jurisdiction.
Nevertheless, the Court has in recent years been favourably cited for its landmark rulings and advisory opinions which have reassured the business community in particular, of final redress where possible disputes are likely to occur with government and other parties.
In 2013, the Court ruled in favour of a private company Polytol Paints in a matter involving the company and the State of Mauritius.
More recently, the COMESA Court found that it has jurisdiction to hear a case between Malawi Mobile (a mobile company incorporate in Malawi) and the Government of Malawi.
Assistant Registrar of the Court, Honorable N Juddoo said the Court plays a critical role by providing a channel through which Member States and other stakeholders can seek redress for any damages or disputes which may arise as a result of the COMESA integration process.
“Countries need to be assured that the agreements and treaties they sign can be enforced through a functional legal framework as this builds confidence in the system and enables deeper integration to occur,” said Honourable Juddoo
“We believe that through Publicity Seminars in the COMESA Member States more people will be able to appreciate the services of the COMESA Court of Justice and use its services when required.”
Chapter 5, Articles 19-44, of the COMESA Treaty provide for the establishment and other matters relating to the COMESA Court of Justice.
The Court’s principal function is to “ensure the adherence to law in the interpretation and application of (the) Treaty”.
It has jurisdiction to hear all matters arising under the COMESA Treaty in the COMESA region.
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