In a stunning legal victory that could reshape judicial appointments across Africa, the Common Market for Eastern and Southern Africa (COMESA) Court of Justice has ruled in favor of Ethiopian lawyer Tewodros Getachew, invalidating the appointment of a judge due to significant procedural errors. But here's where it gets controversial: the ruling not only nullifies the appointment of Justice Chui Yew Cheong from Mauritius but also exposes deeper systemic issues within COMESA’s judicial selection process. Could this be the tipping point for reform in regional legal systems? Let’s dive in.
The drama began after a judicial election in November 2024, where Tewodros, who ranked eighth, flagged irregularities in the process. The situation escalated when Justice Cheong, the seventh-place candidate, withdrew, and instead of offering the role to the next candidate, COMESA leadership appointed another nominee from Mauritius. This move prompted Tewodros to file a lawsuit, arguing the process lacked fairness and transparency. On April 16, 2025, the COMESA Court issued a historic injunction, halting the swearing-in of all 12 newly elected judges—a first in the organization’s history.
And this is the part most people miss: The court’s final judgment uncovered a series of procedural missteps, including Ethiopia not being properly notified of the election schedule, Tewodros’ CV being mishandled, and a last-minute candidate added without proper vetting. Most crucially, the court ruled that Justice Cheong, a retired Supreme Court judge from Mauritius, was ineligible due to exceeding the age limit for high judicial office under the COMESA Treaty. This raises a thought-provoking question: Should age limits for judicial appointments be standardized across regional blocs to ensure fairness?
The ruling also sharply criticized the COMESA Secretary General for overstepping authority by unilaterally deciding that no vacancy existed after Justice Cheong’s withdrawal. The court clarified that such power lies with the Electoral College of COMESA Justice Ministers and Attorneys General, not the Secretariat. This decision has sparked debate: Are administrative bodies like the Secretariat becoming too powerful in regional organizations?
While the injunction against the other judges was lifted, Justice Cheong remains barred from her post. The court awarded Tewodros and the intervening East African Law Society half of their legal costs, recognizing their role in upholding the rule of law. Tewodros, who also serves as President of the Pan African Lawyers Union (PALU), celebrated the ruling, stating, ‘This is a huge statement for the rule of law, not just in COMESA, but across the globe.’ But here’s the counterpoint: Could this ruling set a precedent that slows down judicial appointments, potentially leaving key positions vacant for longer periods?
As the Electoral College now has 60 days to resolve the vacancy, the case leaves us with a critical question: Will this ruling inspire much-needed reforms, or will it create new challenges in regional judicial systems? Share your thoughts in the comments—this is a conversation that needs your voice!
