- The Court of Justice of the Common Market for Eastern and Southern Africa (COMESA Court of Justice) was established in 1994 under Article 7 of the COMESA Treaty (the Treaty) as one of the Organs of COMESA. The Court is comprised of two Divisions; the Appellate Division and the First Instance Division. The Court is composed of twelve Judges five of whom constitute the Appellate Division and seven constitute the First Instance Division.
- The Court sits on ad hoc basis, meaning that Judges sit as and when there are cases to be heard. However, it holds Administrative Meetings on a regular basis to discuss strategic issues and make decisions on policy issues concerning the Court. Pursuant to Rule 17 of the Rules of Court, the Court may hold its court sessions and exercise its functions in any Member State.
- Article 41 of the Treaty provides that the day-to-day operations of the Court are co-ordinated through a Court Registry which is headed by a Registrar who is the Chief Executive Officer of the Court. The Seat of the Court is currently in Khartoum, Sudan. The Registrar and other members of staff are permanent employees although the Court does from time to time use temporary employees and consultants.
The activities to be carried out by the Consultant on the basis of the documentation availed by the Court of Justice will include the following:-
- Formulate a policy document on terms and conditions of service for Judges with procedure for review;
- Formulate a Code of Conduct for Judges to be contained in the said policy document;
- Prepare a proposal on the review of the terms and conditions of service of Judges;
- Review the current Court of Justice Staff Rules and Regulations and recommend those that need to be updated based on current best practices in the market;
- formulate a disciplinary procedure; and
- develop an appropriate HR Policy and Procedures Manual.
- Carry out a comprehensive salaries, cost of living survey, human resources needs and organizational structure assessment for the Court; and
- Formulate an appropriate organizational structure in line with (v) above.