The Common Market for Eastern and Southern Africa (COMESA) Court of Justice has annulled the appointment of Justice Chui Yew Cheong of Mauritius, ruling in favor of a legal challenge filed by Ethiopian lawyer Tewodros Getachew. The court found multiple procedural irregularities in the judicial election process held in November 2024.

Tewodros, who placed eighth in that election, questioned the fairness of the process after COMESA’s leadership replaced a withdrawn candidate from Mauritius with another nominee from the same country instead of the next qualified candidate. His challenge led to a preliminary injunction in April 2025 that temporarily blocked the swearing-in of all 12 elected judges, the first such suspension in COMESA’s history.

In its final judgment, the court found that Justice Cheong was ineligible due to exceeding the official age limit for judicial office in Mauritius. It also ruled that the COMESA Secretary General overstepped their authority by declaring no vacancy existed, emphasizing that this power belongs to the bloc’s Electoral College of Justice Ministers and Attorneys General.

The court ordered the Electoral College to address the vacancy within 60 days and awarded partial costs to Tewodros and the East African Law Society.

Tewodros, also President of the Pan African Lawyers Union, called the verdict a landmark for judicial transparency and rule of law across Africa.

Source: Capital Newspaper