Kerry Howard Mwesigwa.
KHARTOUM, October 05, 2023 | In a significant move to ensure the continuity and effectiveness of the Common Market for Eastern and Southern Africa (COMESA) Court of Justice, the institution has temporarily relocated to Zambia, following a decade-long presence in Khartoum, Sudan. This decision was prompted by the relentless political turmoil and conflict that have plagued Sudan since April 2023.
The COMESA Court of Justice is a vital institution within the COMESA bloc, comprising 21 member states, including Ethiopia, Kenya, Egypt, and Sudan. Its primary functions include arbitrating trade disputes, interpreting COMESA laws, and ensuring compliance with the bloc’s decisions.
Sudan’s descent into crisis began in 2023 when a violent conflict erupted between two factions of the security forces: the Sudanese Armed Forces (SAF) led by General Abdel Fattah Al-Burhan and the Rapid Support Forces (RSF) led by General Mohamed Hamdan Dagalo, also known as Hemeti. These generals were initially part of a transitional military council established after the removal of former President Omar al-Bashir in 2019, following mass protests against his regime. The council’s aim was to usher in a democratic transition by sharing power with civilian opposition groups in 2020.
However, tensions escalated as the two factions vied for control and resources. The RSF, known for its involvement in atrocities in Darfur and other regions, faced opposition from pro-democracy activists and civilians who demanded its dissolution. In October 2021, the SAF and RSF staged a coup against the civilian-led government, sparking a year of anti-coup protests and international condemnation. Under pressure from the African Union, the United Nations, and other mediators, the coup leaders eventually restored the power-sharing arrangement in December 2021.
Regrettably, the fragile peace was short-lived. In April 2023, the SAF and RSF resumed hostilities, leading to a devastating war that has claimed thousands of lives, displaced millions, and caused extensive damage to infrastructure.
The COMESA Court of Justice bore the brunt of this turmoil, with its building on the Nile River being set ablaze during the fighting. The safety and logistical challenges faced by its staff and judges were exacerbated by the disruption of the country’s airports, roads, and communication networks.
Recognizing the gravity of the situation, the COMESA Ministers of Justice and Attorneys General, at their 26th meeting on September 22, 2023, made the decision to relocate the Court to Zambia, where the COMESA Secretariat is headquartered. The urgency of ensuring the Court’s continuity and effectiveness was emphasized by the Court’s President, Lady Justice Lombe Chibesakunda.
The temporary relocation is expected to enhance the Court’s accessibility, visibility, and efficiency while facilitating closer collaboration with the COMESA Secretariat and other institutions. Nonetheless, it poses several challenges, including the logistical and financial costs associated with moving equipment, documents, and personnel, as well as the potential impact on ongoing and pending cases.
This move by the COMESA Court of Justice reflects the broader challenges faced by the COMESA bloc in maintaining its integration and cohesion amid political and economic crises affecting some member states. The bloc’s ambitious agenda, which includes creating a common market, a customs union, a monetary union, and a political federation, has encountered hurdles. Moreover, external pressures from regional and global actors, such as the African Continental Free Trade Area (AfCFTA), the European Union (EU), and China, add to the complexities of shaping trade and development policies.
