The Common Market for Eastern and Southern Africa (COMESA), Africa’s largest economic community, is currently embroiled in a legal dispute after its Court of Justice (CCJ) dismissed four preliminary objections raised by several defendants, including the Secretary-General. This decision represents a significant milestone in COMESA’s legal history, reinforcing judicial independence and procedural integrity.In April, the CCJ suspended the appointment of new judges elected in November 2024, pending the resolution of a legal challenge brought by prominent Ethiopian lawyer Tewodros Getachew.
The election process, which resulted in the selection of seven judges, faced criticism for allegedly violating COMESA’s Treaty rules and eligibility criteria.According to Article 20.2 of the COMESA Treaty, judges must possess “impartiality and independence” and either hold high judicial office in their home countries or be jurists of recognized competence. However, concerns were raised regarding whether all elected judges met these standards.Tewodros, who ranked eighth in the election, filed a complaint with then-Secretary-General Chileshe Kapwepwe, citing procedural irregularities.
While Kapwepwe acknowledged these concerns and promised corrective actions for future processes, the issue resurfaced when Justice Chui Yew Cheong of Mauritius, who secured the seventh position, withdrew from the post. Subsequently, COMESA leadership made a controversial decision to replace Yew Cheong.Cheong, a retired Supreme Court judge, was reportedly ineligible as she was no longer active in the judicial sector, a requirement under COMESA rules. Instead of offering the position to Tewodros, COMESA assigned it to another Mauritian candidate, prompting further legal action.Unprecedented Legal BattleTewodros, a respected legal expert and President of the Ethiopian Federal Advocates Association, took the case to the CCJ, demanding transparency and fairness. His efforts resulted in a landmark injunction that halted the judges’ swearing-in ceremony, originally scheduled for late April.The case has garnered significant attention, with the East African Law Society (EALS), representing over 42,000 lawyers, joining as an intervener.
On May 29, 2025, the CCJ dismissed all four preliminary objections from the defendants, including jurisdictional and procedural challenges.‘This is a matter that focuses on appointment of judges to the COMESA Court of Justice. The Society for the interest of its members and the public in the COMESA region works to make sure all processes and procedures are followed in securing the best judicial officers for the efficiency of regional Courts,’ stated the Society.Ethiopia’s Silent RoleDespite Ethiopia being a key COMESA member, the Ministry of Trade and Regional Integration (MoTRI) has remained notably silent. Critics argue that the ministry has failed to advocate for fair representation, even during Secretary-General Kapwepwe’s recent visit to Addis Ababa.Sources indicate that only Ethiopia’s Ministry of Foreign Affairs and its diplomatic mission in Zambia provided official support for Tewodros’s case.
This lack of engagement from MoTRI has raised questions about Ethiopia’s commitment to upholding judicial fairness within COMESA.The case underscores the importance of transparency, rule of law, and accountability in regional bodies. “Tewodros’s legal battle is not just about personal redress; it is also about safeguarding COMESA’s credibility as an institution serving over 670 million people across 21 member states,” legal experts told Capital.As hearings continue in Lusaka, the outcome could set a precedent for future judicial appointments in African regional organizations. Legal experts and observers across the continent are closely monitoring this historic proceeding, which could redefine governance standards within COMESA and beyond.Efforts to obtain information from Minister Kassahun Gofe and his deputy have been unsuccessful. Sources reveal that despite high expectations for MoTRI, the agency responsible for the organization and the case, it has failed to take any meaningful action. “Even the government representative was absent during the election process held in November 2024,” the sources added.Ethiopia is the most populous country and one of the major contributors to COMESA.
