CAROLINE KALOMBE, Lusaka
MALAWI Mobile Limited has asked the Common Market for Eastern and Southern Africa (COMESA) Court to order that the appointment of the court’s judge president Lombe Chibesakunda and Sudanese judge
El Bashir was not in accordance with its treaty as the two judges are not eligible to be on the panel.
According to a reference filed in the COMESA Court by the mobile telecommunication company, it is alleged that the appointment of the two judges was void because a person to be appointed should be eligible to be a judge in his or her country of origin.
It was alleged that the two judges were retired from the judiciaries in their respective countries of domicile and that they do not fulfil the conditions required for holding of high judicial office.
“Therefore, they are disqualified from being appointed as COMESA Court judges even if they were shown to be jurists of recognised competence which in any event we submit they are not,” part of the claim reads.
The company wants the eligibility of the judges to hold office to be determined by an independent and impartial tribunal without the participation of Mrs Justice Chibesakunda and Mr Justice Bashir.
They also want the court to order that all or any proceedings which the two judges participated in must be rendered a nullity and be set aside in entirety and to award the Mobile company compensation and damages.
The company also wants the Council of Ministers to request the Court to give an advisory opinion regarding the eligibility of the impugned judges in terms of Article 32 and that the current members of the appellate division should not participate in this decision.