The COMESA Ministers of Justice and Attorneys General Elect New Judges of the COMESA Court of Justice
The Twenty-Seventh Meeting of the COMESA Ministers of Justice and Attorneys General, held on 21 November 2024 in Lusaka, Zambia has elected new Judges of the COMESA Court of Justice. The Meeting, constituted as an Electoral College, facilitated a voting process pursuant to Article 20 of the COMESA Treaty and the Rules of Procedure for the Election of the Judges of the COMESA Court of Justice (2005), to appoint Judges to the Appellate and First Instance Divisions of the COMESA Court of Justice. The incoming Bench will officially take up their appointment on 6 June 2025.
The Appellate Division will be headed by Justice Marvin Sitwala Mwanamwambwa (Zambia), who will also serve as the President of the Court. Other Judges elected to the Appellate Division are, Justice Onephore Baroreraho (Burundi), Justice Monica Kalyegira Mugenyi (Uganda), Justice Masauko Timothy Msungama (Malawi), and Justice Salohy Norotiana Rakotondrajery Randrianarisoa (Madagascar).
The First Instance Division will be headed by Justice Aggrey Otsyula Muchelule (Kenya) as the Principal Judge. Other Judges elected to the First Instance Division are, Justice Dr. Ahmed Tharwat Ibrahim Mohmed (Egypt), Justice Mazwendoda Mavuso (Eswatini), Justice Ah Foon Chui Yew Cheong (Mauritius), Justice Samia Cecile Bella Andre (Seychelles), Justice Ibrahim Osman Briema Hamid (Sudan), and Justice Lavender Makoni (Zimbabwe).
The outgoing Judges of the Appellate Division are Justice Lombe Chibesakunda who also serves as the President of the Court, (Zambia), other Judges of the Appellate Division are Justice Michael Mtambo (Malawi), Justice David Chan Kan Cheong (Mauritius), Justice Wael Rady (Egypt) and Justice Salohy Randrianarisoa (Madagascar).
The outgoing Judges of the First Instance Division are Justice Qinisile Mabuza who serves as the Principal Judge, (Eswatini), other Judges of the First Instance Division are Justice Ali Sulaiman Mohammed (Ethiopia), Justice Mary Kasango (Kenya), Justice Leonard Gacuko (Burundi), Justice Bernard Georges (Seychelles), Justice Clotilde Mukamurera (Rwanda), and Justice Chinembiri Bhunu (Zimbabwe).
Over the past decade, the outgoing Bench has made significant contributions to the jurisprudence of the COMESA region including landmark decisions such as Government of Malawi vs. Malawi Mobile Limited (Appeal No.1 of 2016), which highlighted the distinction between national and community legal matters within COMESA, as well as Agiliss Ltd v. Republic of Mauritius (Appeals No.1 and 2 of 2022), which emphasised the need for Treaty domestication by Member States to enhance access to justice.
Beyond case law, the outgoing Bench also contributed to the development and revision of several legal instruments that are essential for the effective functioning of the Court. These include the COMESA Court of Justice Rules of Procedure (2016), Arbitration Rules (2018), as well as the Financial Rules and Procurement Rules and Procedures Manuals (2022).