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COMESA Court of Justice delivers Judgment on election of judges to the Court

COMESA Court of Justice delivers Judgment on election of judges to the Court

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The COMESA Court of Justice on Friday, 7 November 2025, delivered its Judgment in the case concerning election of judges to the COMESA Court of Justice. The case, filed by Ethiopian lawyer Tewodros Getachew Tulu, challenged the integrity of the election process. In its judgment, the Court found that Ethiopia was not duly notified of the election and that the Mauritian candidate, Justice A.F. Chui Cheong, was ineligible for appointment following her retirement from judicial service in Mauritius.

The Court further ruled that the Secretary General’s declaration that there was no vacancy after Mauritius withdrew its nominee was ultra vires, noting that only the Electoral College has authority to make such determinations.

The Court ordered the COMESA Committee of Ministers of Justice and Attorneys General, sitting as an Electoral College, to reconvene within 60 days of decision of the court to decide how to fill the vacancy and lifted the injunction on the swearing-in of all other judges. It also issued recommendations to enhance transparency and fairness in future election of judges to the COMESA Court of Justice.

Follow the link below to read the full judgment:

https://comesacourt.org/wp-content/uploads/2025/11/Judgment-Tewodros-Getachew-Tulu-v-COMESA-Secretariat-and-2-others.pdf

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