The COMESA Court of Justice is the judicial organ of COMESA. It was established in 1994 under Article 7 of the COMESA Treaty as the judicial organ of COMESA. The Court adjudicates and arbitrates on, among other matters, unfair trade practices, interpretation of Treaty (Protocols and other legislative acts) and ensures that Member States uniformly implement and comply with agreed decisions. Decisions of the Court on the interpretation of the provisions of the COMESA Treaty have precedence over decisions of national courts and are binding on all COMESA Member States. The Court provides certainty that COMESA is a rules-based institution, with rules that can be enforced through a court of law.
The COMESA Heads of State and Government (The Authority) which is the supreme policy organ of COMESA appointed the Judges of the Court during its 3rd Summit on 30 June 1998 at Kinshasa in the Democratic Republic of Congo. The Judges all hold high judicial office in their own countries. In 2004 the Treaty was amended to expand the Court into two Divisions. The lower Division, known as the Court of First Instance has seven judges. The upper Division of the Court, which has five Judges, is called the Appellate Division.