Legal & Corporate Affairs
The COMESA Division of Legal and Corporate Affairs is located within the COMESA Secretariat as part of the office of the Secretary General.
Mandate
The mandate of the COMESA Division of Legal and Corporate Affairs is as follows:
• Responsibility to provide legal services to all organs of COMESA and its institutions.
• Initiating legal programmes aimed at facilitating, strengthening, and implementing the COMESA Regional Economic Integration Agenda.
• Implementation of the COMESA Programme on Free Movement of Persons, Labour, and Services under the Market Access Pillar of the COMESA Medium Strategic Term Plan.
• Implementation of the COMESA Intellectual Property Rights Programme.
Functions
The main functions of the Division include the following:
• Conducting studies and providing legal advisory services and opinions on various types of documents, including treaties, agreements, contracts etc.; to enable the Secretary General to act as legal representative of COMESA in its relations with Member States and other International or multilateral organizations;
• Carrying out the legal functions associated with the Secretary General’s role as depository of the treaties, charters and other legal instruments concluded by, or under the auspices of the Common Market, studies and deal with general matters of all kinds and specific questions submitted to it by the Policy Organs of COMESA, the Secretariat and other organs of COMESA in connection with COMESA’s structure, functions and activities;
• Advising on the interpretation of legal instruments (Treaty, Charters and administrative regulations of the institutions, as well as other treaties, agreements, regulations and resolutions etc.;
• Preparing initial drafts of and amendments to the Treaty and other legal frameworks of COMESA, its internal rules and regulations and other legal texts;
• Providing legal opinions and performing other secretariat functions, as necessary;
• Representing COMESA, in particular regarding legal matters, at conferences and meetings with other organizations;
• Representing COMESA or causing COMESA to be represented in legal proceedings before the COMESA Court of Justice or arbitration before an arbitral body;
• Designing, preparing and managing legal programmes for COMESA in relevant fields; and
• Carrying out other any other tasks associated with COMESA activities entrusted to it by the Secretary General or COMESA Policy organs.
MISSION
Providing legal services and developing programmes that will ensure compliance with the COMESA Treaty and other legislative provisions of the Common Markert so as to contribute to the attainment of the Common Market through services that are fully and efficiently provided in accordance with the standards set.
VISION
The attainment of a fully legally compliant institution both in operation and planning, taking account of existing Treaty and other legislative provisions.
Services
COMESA Committee of Ministers of Justice and Attorneys General
The COMESA Committee of Ministers of Justice and Attorneys General as a policy organ of COMESA was established under Article 7(2) of the COMESA Treaty to consider and take decisions on legal matters of COMESA. Its main responsibility, among others, is to develop legal frameworks that underpin the implementation of all COMESA programmes and also ensuring that the organ complies with the COMESA Treaty and other legislative frameworks established under it. According to Article 7(3) of the COMESA Treaty, the decisions of the Committee take effect upon being taken by the Committee and are endorsed at the next meeting of the COMESA Council of Ministers. Furthermore, it is important to note that decisions of the Committee end up before the COMESA Authority (Heads of State and Government) through the report of the COMESA Council of Ministers. The Committee is composed of the Ministers of Justice and Attorneys General from all the twenty-one Member States of COMESA. The Committee Meets at least once a year and adopts its own Rules of Procedure.
Our Team
The Legal & Corporate Affairs division is comprised of the following team members.
Gabriel Masuku
Director- Legal & Corporate Affairs
Dr. Suzgo Lungu
Legal Officer
Kudzanai Nyagweta
Senior Legal Assistant