COMESA Court of Justice

The COMESA Court of Justice has officially welcomed a new bench of 12 judges following a swearing-in ceremony at State House Nairobi, presided over by William Ruto.

The new judges will serve across the Court’s Appellate and First Instance Divisions, strengthening its role as the guardian of the COMESA Treaty.

The newly appointed judges will serve in the Court’s two divisions. The Appellate Division comprises the Judge-President, Justice Sitwala Mwanamwambwa (Zambia), Justice Onesphore Baroreraho (Burundi), Justice Monica Kalyegira Mugenyi (Uganda), Justice Masauko Timothy Msungama (Malawi), and Justice Salohy Randrianarisoa (Madagascar).

The First Instance Division includes Justice Aggrey Muchelule (Kenya), who will serve as Principal Judge. Other members are Justice Lavender Makoni (Zimbabwe), Justice Mazwendoda Mavuso (Eswatini), Justice Ahmed Tharwat Mohamed (Egypt), Justice Cecile Samia Bella Andre (Seychelles), Justice Ibrahim Osman Hamid (Sudan), and Justice Tewodros Getachew Tulu (Ethiopia).

As regional integration deepens, the Court continues to play a vital role in ensuring justice remains fair, accessible, and predictable for Member States and citizens alike.

“Can Regional Economic Community (REC) courts particularly the COMESA Court of Justice truly evolve into effective vehicles for human rights protection?” ~ Prof Frans Viljoen

Common Market for Eastern and Southern Africa (COMESA)
Comesa Competition & Consumer Commission
COMESA Business Council
University of Pretoria Faculty of Law
Centre for Human Rights

What does it take to Strengthen Africa’s Legal Integration across 21 Member States of the COMESA Region?

Judges-elect of the COMESA Court of Justice examined what it takes to achieve effective legal integration in Africa, facilitated by Professor Babátúndé Fágbàyíbọ́ of the University of Pretoria, from 21 to 22 April 2026.

The session examined why regional integration matters in Africa, what it takes to turn regional integration commitments into enforceable law, and where the gaps remain.

The module covered:

🔹The tension between supranationalism and intergovernmentalism across African RECs;
🔹The concept of Regional Trade Agreements (RTA), the legal basis of RTAs under the World Trade Organization - WTO, and the relationship between RTAs in Africa and the ;
🔹The COMESA Treaty's application and hierarchy of legal instruments;
🔹The relationship between the COMESA Treaty and domestic laws; and
🔹The Court’s role in creating awareness and collaborating with stakeholders among Member States.

Common Market for Eastern and Southern Africa (COMESA)
Comesa Competition & Consumer Commission
COMESA Business Council

⚖️ COMESA Competition Law & Policy: A New Era for Regional Markets!

As we kick off the second week of capacity building programme for Judges-elect, the Court is excited to have received a masterclass on COMESA Competition Law & Policy from Dr. Simbarashe Tavuyanago, Assistant Professor in Competition Law at the Centre for Antitrust and Regulatory Studies, University of Warsaw.

The session provided our Judges-elect with a comprehensive overview of the COMESA Competition and Consumer Protection Regulations, 2025, a bold instrument that positions COMESA among global leaders in competition enforcement.

Key highlights from the session:

🔹 The history, development and principles of competition law and policy, including the evolution from the 2004 to the 2025 Regulations, including the renaming of the Commission to the COMESA Competition and Consumer Protection Commission;
🔹 The functions and powers of the Comesa Competition & Consumer Commission;
🔹 The concept of a merger under the COMESA Competition and Consumer Protection Regulations, 2025 and its alignment with international best practice; and
🔹 The dispute resolution mechanisms under the revised COMESA Competition Regulations, 2025 and the role of the COMESA Court of Justice.

Common Market for Eastern and Southern Africa (COMESA)
COMESA Business Council
Centre for Human Rights, University of Pretoria

Day 1 | COMESA Court of Justice | New Judges Capacity Building

The programme opened with a deep dive into the principles of the World Trade Organization (WTO), led by Clive Vinti from the University of the Witwatersrand. The session explored the history, structure, and key rules that shape the global trading system, including non-discrimination principles, tariff classification, customs valuation, and rules of origin.

Beyond the legal framework, the discussion showed that global trade works through active participation, economic incentives, and cooperation between institutions. It also explained how WTO law relates to regional systems, such as the COMESA Court of Justice, giving judges a clearer context when dealing with regional trade disputes.

A strong foundation for the days ahead.

COMESA Court of Justice, in collaboration with the Centre for Human Rights, University of Pretoria, the first day of training unfolded like the opening chapter of a much bigger story. As the room settled, Donald MacKay from the African Global Trade Institute took the floor and began to weave together a narrative of Africa’s present and its possible futures, one shaped by demographics, potential, trade-offs, institutions, initiatives, and ultimately, transformation.

He painted a vivid picture of a continent on the rise. Africa’s population, he explained, is not just growing, it is accelerating, set to move from 18% of the global population today to 26% by 2050, and nearly 38% by the end of the century. At a time when countries like China and Japan are facing population declines, Africa stands at the centre of a global shift, poised to become the workforce of the future. Yet, beneath this promise lies a quiet tension: if opportunities are not created at home, this same youthful population may seek futures elsewhere.

As the story deepened, the duality of this growth became clear. Africa holds the potential to expand its footprint in global trade, supplying goods and services to the world. But this opportunity comes with difficult choices on how to attract investment while ensuring that its people stay, build, and thrive within the continent. Without careful navigation, the promise of growth could coexist with persistent economic disadvantage.

The lens then widened to the global stage. Institutions like the World Trade Organization and the United Nations, once pillars of global order, are showing signs of strain. For smaller economies, this uncertainty is not abstract; it is a real risk. In this shifting landscape, the importance of strong, resilient African institutions becomes even more urgent. The past has shown that weak institutions can slow progress, but the future calls for collaboration, capacity-building, and continuous learning.

But this was not a story without hope. MacKay spoke of emerging efforts to rewrite Africa’s trajectory, initiatives designed to strengthen cooperation and unlock potential. The African Global Trade Institute and the African Continental Free Trade Area Agreement stand as examples of what is possible when vision meets action: improved coordination, stronger infrastructure, and a continent increasingly connected within itself.

By the end, the message was clear. Africa’s story is still being written. Its future will depend on how well it harnesses its demographic strength by building robust institutions, investing in skills and education, and working together across borders. What began as a presentation became something more: a call to shape the next chapter.

Strengthening Regional Justice in COMESA

The COMESA Court of Justice has launched an intensive capacity-building programme in Kenya for its 12 judges-elect, in collaboration with the Centre for Human Rights, University of Pretoria.

The programme equips the judges with critical expertise in international trade law, regional integration frameworks, and emerging areas such as competition law, human rights, and consumer protection.

The programme covers key thematic areas such as trade remedies, competition law, and regional trade frameworks, reflecting the evolving nature of disputes within the region. In addition, the inclusion of human rights and consumer protection highlights the broader context within which economic law now operates.

The timing of the programme is significant, as regional integration in Africa has moved beyond theory into practice, increasingly giving rise to complex legal questions and disputes that demand judicial clarity and consistency.

Beyond its dispute resolution function, the Court plays a central role in the COMESA integration architecture. Its decisions continue to shape the legal and economic environment within which the 21 COMESA Member States, as well as businesses and citizens, operate.

As regional integration deepens across Africa, the role of the COMESA Court of Justice becomes increasingly pivotal. By investing in the capacity of its judges, the Court is reinforcing its commitment to delivering coherent, predictable, and high-quality jurisprudence. This programme not only strengthens the Court’s institutional effectiveness but also supports a rules-based regional order that fosters economic growth, legal certainty, and trust among Member States, businesses, and citizens.

Common Market for Eastern and Southern Africa (COMESA)
Comesa Competition & Consumer Commission
COMESA Business Council