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Archive -Judiciary

Comesa educates members on Court of Justice role |12 July 2017

Judges and guests have learned about the provision and application of the Comesa treaty and the remedies the Comesa Court of Justice can afford to give in an effort to promote trade development pertaining to the region.

This was during a seminar yesterday afternoon at the Supreme Court auditorium at Ile du Port. Seychelles becomes the sixth of the 18 Common Market for Eastern and Southern Africa (Comesa) countries to hold the session after Kenya, Uganda, Madagascar, Sudan and Zambia.

The Comesa Court of Justice is a court which ensures the maintenance of the rule of law within the common market through the just resolution of disputes, thereby easing and strengthening economic integration.

Seychelles’ Minister for Finance, Trade and Economic Planning Peter Larose officially opened the seminar.

Also present were the Speaker of the National Assembly Patrick Pillay, deputy Speaker Nicholas Prea, leader of the opposition in the National Assembly Wavel Ramkalawan, Acting Attorney General David Esparon, MNAs, members of the local judiciary and other dignitaries.

The seminar presented to stakeholders and users of the court what the Comesa Court of Justice is about.

It is the first such seminar held in Seychelles, which is a member and forms part of a process of holding similar seminars in all member states of the Comesa.

The Comesa Court of Justice has two divisions – the First Instance Division which comprises seven judges and the Appellate Division made up of five judges.

The publicity seminar was attended by judges from Zambia, Sudan, Malawi, Mauritius, Egypt, Swaziland, Ethiopia, Kenya, Seychelles, Burundi and Rwanda. Zimbabwe was not present though it has a judge in the First Instance Division.

Led by the Lady Justice President Lombe Chibesakunda from Zambia, the 11-member delegation earlier in the day paid courtesy calls on both Speaker Pillay at his office at Ile du Port and Court of Appeal president, Justice Francis MacGregor at the Palais de Justice.

The judges briefed Mr Pillay on the purpose of their visit here and he was also presented with copies of the book titled ‘Comesa Rules of Procedure 2016’.

“We are happy to have you here as we have one of our own among you,” said Mr Pillay, referring to Bernard Georges who is a Justice First Instance Division.

The delegation then called on Justice MacGregor at the Palais de Justice and also present were acting Chief Justice Seegobin Nunkoo and judge Anthony Fernando.

Members of the Comesa Court of Justice also presented books on the function of the court to Justice MacGregor and interacted with him and the other members of the local judiciary.

In his opening remarks at the seminar, Lady Justice Chibesakunda said “the aim of the seminar is to sensitise member states on the provision and application of the Comesa Treaty and the remedies the court can afford to give in an effort to promote trade development pertaining to the region”.

She said these interactions with the public afford the court a unique opportunity to evaluate and adopt new strategies while clarifying that the Comesa Court of Justice is committed to impartiality.

Thanking President Danny Faure for supporting the seminar being held in Seychelles and Mr Pillay for his support, Minister Larose described the event as a “historical moment for Seychelles due to the number of distinguished judges under one roof”.

Minister Larose said the seminar is an opportunity for us to learn from some of the best legal brains and walk away from the seminar enriched with a better understanding of the role and of the rules of arbitration of the Comesa Court of Justice.

He noted that as each country is different it can select the policy instrument that best fits its needs.

“In our case Comesa Court of Justice has an important role to play in arriving at a speedy and mutual settlement of a dispute when a situation arises between member states, investors and the host country in our region,” he said.

The minister noted that as a small country we continue to attract direct foreign investments but we need to modernise our trade policies and it is time for our institutions to be more conscious of our justice system in order to make progress and in the process minimise the number of commercial disputes.

He added that we must align ourselves with good governance principles and fine-tune our investment laws if we want to attract quality investments on our shores, laws which contain protections and guarantees about the legal treatment of investments in our country.

Minister Larose also pointed out that this policy will place investors in a stronger position as they will be free to seek for a neutral forum outside the host country to resolve their dispute.

“It is this kind of policy which will turn Seychelles into a competitive investment destination,” the minister said.

 

 

 

 

 

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