FAQs …
What is the COMESA Court of Justice?
The COMESA Court of Justice is the judicial arm of the Common Market for Eastern and Southern Africa, established in 1994. It has the mandate to ensure the adherence to law in the interpretation and application of the Treaty through providing prompt and transparent determination of disputes.
Which countries are under the jurisdiction of the COMESA Court of Justice?
The jurisdiction of the COMESA Court of Justice covers 21 COMESA Member States, namely, Burundi, Comoros, DRC, Djibouti, Egypt, Eritrea, Eswatini, Ethiopia, Kenya, Libya, Madagascar, Malawi, Mauritius, Rwanda, Seychelles, Somalia, Sudan, Tunisia, Uganda, Zambia, and Zimbabwe.
What is the composition of the COMESA Court of Justice?
The COMESA Court of Justice is composed of 12 Judges who sit to hear matters on an ad hoc basis, of which 5 of the Judges sit in the Appellate Division headed by the Judge President (who is also the President of the Court), and 7 of the Judges that sit in the First Instance Division which is headed by the Principal Judge.
What Rules govern the litigation, or the court annexed Alternative Dispute Resolution process at the COMESA Court of Justice?
Litigation is governed by the COMESA Court of Justice Rules of Procedure 2025, including court annexed Alternative Dispute Resolution. This means that parties have 4 methods or options to resolve their dispute under the 2025 Rules of Procedure. The 4 methods are originated through litigation by way of a reference, however when parties reach the scheduling conference stage, the parties may opt to resolve their dispute by way of mediation, conciliation, or arbitration.
Mediation, conciliation, or arbitration commenced under the 2025 Rules of Procedure are presided over by Alternative Dispute Resolution Professionals from Member States who are selected from an Alternative Dispute Resolution Roster.
However, arbitration may also be commenced under the Arbitration Rules of the COMESA Court of Justice 2018, which may only be used by Member States, the Common Market, COMESA institutions and investor-state disputes where there is an arbitration clause referring disputes to the Arbitral Tribunal of the COMESA Court of Justice.
Who can bring a claim or case before the COMESA Court of Justice?
A Member State, the Secretary General and a legal or natural person who is resident in the Common Market can bring a claim or case before the COMESA Court of Justice for determination by filing a reference in accordance with the COMESA Court of Justice Rules of Procedure 2025.
What type of cases can a Member State bring before the COMESA Court of Justice?
A Member State can bring a case against another Member State or the Council of Ministers where it alleges that the Member State or the Council of Ministers infringed a Treaty provision or failed to fulfil an obligation under the Treaty.
In addition, a Member State can bring a case to determine the legality of any act, decision, regulation, or directive of the Council of Ministers on the grounds that the act, decision, regulation, or directive is unlawful or an infringement of a Treaty provision or any rule of law relating to its application or amounts to a misuse or abuse of power.
What types of cases can the Secretary General bring before the COMESA Court of Justice?
The Secretary General can bring a case against a Member State that has failed to fulfil an obligation under the Treaty or has infringed a Treaty provision.
What types of cases can a legal or natural person bring before the COMESA Court of Justice?
A legal or natural person who is resident in a COMESA Member State can bring a case regarding the legality of an act, decision, regulation, or directive of the Council or of a Member State on the grounds that the act, decision regulation or directive is unlawful or amounts to an infringement of the provisions of the Treaty.
The Treaty requires a person to first exhaust all local remedies before bringing a matter to the COMESA Court of Justice. However, the COMESA Court of Justice held in the case of Polytol Paints and Adhesives Manufacturers Limited v the Republic of Mauritius (Reference 1 of 2012) [2013] COMESACJ 14 (31 August 2013) that a party may bring a case to the COMESA Court of Justice without first exhausting domestic remedies in exceptional circumstances.
Does the COMESA Court of Justice prosecute criminal matters?
No, the COMESA Court of Justice does not prosecute criminal matters. It is a Court that deals with Treaty related matters in the COMESA region.
Where does the COMESA Court of Justice sit to hear a matter or hold court sessions?
Rule 4 of the COMESA Court of Justice Rules of Procedure 2025 provides that the Court may sit to hear a matter or hold court sessions in any COMESA Member State.
In addition, the COMESA Court of Justice has adopted modern technology in its judicial operations, therefore, court sessions may be held virtually or hybrid.
Which language may a party use to file a case before the COMESA Court of Justice?
A party may use any of the Official languages of COMESA namely: Arabic, English, French or Portuguese when filing its pleadings or documents, which may be translated from one language to another where necessary.
Can the COMESA Court of Justice determine arbitral matters?
Yes, the COMESA Court of Justice has the jurisdiction to hear and determine arbitral matters under the Arbitration Rules of the COMESA Court of Justice 2018, where there is:
- an arbitration clause in a contract involving the Common Market or a COMESA institution, which refer disputes for arbitration before the COMESA Court of Justice;
- a special agreement between Member States that stipulates that disputes will be resolved through arbitration by the COMESA Court of Justice; or
- an arbitration clause in an investor-state contract indicating that any investor-state disputes should be brought before the COMESA Court of Justice arbitral tribunal for determination.
Such arbitral matters are commenced by way of a Notice of Arbitration in accordance with the Arbitration Rules of the COMESA Court of Justice 2018.
Who forms part of the Arbitral Tribunal under the Arbitration Rules of the COMESA Court of Justice 2018?
When an arbitral matter is brought in accordance with the Arbitration Rules of the COMESA Court of Justice 2018, an Arbitral Tribunal may be composed of any of the 12 Judges of the COMESA Court of Justice, regardless of whether they sit in the Appellate Division or the First Instance Division. However, the number of Arbitrators to constitute an Arbitral Tribunal is dependent on what the parties agree on, and where the parties fail to agree, the Assigning Authority (the Judge President) will decide on the number of Arbitrators.
What other jurisdiction does the COMESA Court of Justice have?
The COMESA Court of Justice has the jurisdiction to:
- issue advisory opinions when requested by Member States or the Secretary General regarding a question of law arising from provisions of the Treaty; and
- give preliminary rulings where a question arises before a national court or tribunal on the interpretation or application of the COMESA Treaty or COMESA regulations, directive, and decisions.
Can an interested party intervene in an ongoing matter before the COMESA Court of justice?
Yes, a Member State, the Secretary General or a resident of a COMESA Member State who is not a party to a case before the COMESA Court of Justice can, with leave of the Court, intervene in that case to support or oppose a party to the case.
Who can represent you in a matter before the COMESA Court of Justice?
A party seeking to bring a matter to the COMESA Court of Justice must be represented by a Legal Practitioner who is eligible to appear before a court of a Member State. However, in arbitral matters, a party may be represented by a Legal Practitioner or any other person of their choice.
Does the Court employ technological tools to support and streamline case management operations?
Yes, the COMESA Court employs an online secure cloud-based platform called the COMESA Court Digital Evidence Management System (CCDEMS) to manage evidence for cases brought before the Court. Operational since 2019, CCDEMS allows parties to register, access their cases, upload and share pleadings and supporting documents, and present documents during court hearings. Additionally, the system enables the Court to upload notices, rulings, decisions, and judgments. With CCDEMS, both Court staff and parties appearing before the Court can access court documents from a centralised location.
What is the process of filing a reference at the COMESA Court of Justice?
The Legal Representative of the person wishing to file a reference must lodge a request to commence a matter by way of a reference to registry@comesacourt.org.
Thereafter, the Legal Representative will be guided to register on the COMESA Court Digital Evidence Management System (CCDEMS) through https://comesacourt.caselines.com/Account/Register and file thereon the reference together with any accompanying documents in accordance with the Rule 24 of the COMESA Court of Justice Rules of Procedure, 2025.
What is the process of filing a Notice of Arbitration at the COMESA Court of Justice?
The representative of the Claimant wishing to file a Notice of Arbitration with the COMESA Court of Justice must simultaneously serve the Notice of Arbitration on the Respondent and the Registrar of the COMESA Court of Justice through registry@comesacourt.org.
Thereafter, the representative will be guided to register on the COMESA Court Digital Evidence Management System (CCDEMS) through https://comesacourt.caselines.com/Account/Register and file thereon the Notice of Arbitration in accordance with the Rule 5 of the Arbitration Rules of the COMESA Court of Justice.