The COMESA Court of Justice has defined the extent of immunities and privileges accorded to the COMESA Institutions.
In a landmark Advisory Opinion delivered by the Appellate Division of the Court on the 5th of February 2015 sitting in Lusaka, it stated that the immunities and privileges granted to COMESA Institutions did not extend to commercial transactions between individuals or entities and the Institutions.
Delivering the advisory Opinion, Judges Nzamba Kitonga, Ernest Sakala and Dr. Borhan Amrallah stated that the immunities and privileges to be granted to COMESA and its Institutions were limited to acts which fell within the objectives of the COMESA Treaty and the respective constitutive Charters.
The judges say these immunities and privileges could not be stretched to cover operations outside the objectives of the COMESA Treaty and the constitutive Charters of any of the COMESA Institutions.
The Application for the advisory opinion was filed by COMESA under Article 32(1) of the Treaty, as read together with Rule 107 of the Rules of the Court. It sought the opinion of the Court as to the applicability and extent of the immunities and privileges to be accorded to various institutions of COMESA that are engaged in commercial transactions.
During the hearing of the case Reference No.1 of 2013 the Court received written submissions on behalf of the Applicant (COMESA) and on behalf of three Member States: Kenya, Uganda and Zimbabwe.
The Court also heard from Counsel representing the Applicant and from the PTA Bank which is one of COMESA Institutions.
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