[1] Its Judges, a maximum of ten in the First Instance Division and of five in the Appellate Division, are appointed by the Summit, the highest organ of the community, from among persons recommended by the Partner States who are of proven integrity, impartiality and independence and fulfill the conditions required in their own countries for high judicial office, or are jurists of recognised competence.
Reference to the court may be by Legal and Natural Persons, Partner States and the Secretary General of the community.
It is mandatory the Court considers and determines every reference made to it pursuant to the Treaty in accordance with its rules and then deliver, in public session, a reasoned judgment that, subject to review, is final, binding, conclusive and not open to appeal.
The future of other regional courts with conflicting jurisdiction like the Common Market for Eastern and Southern Africa, South African Development Community and the African Court on Human and Peoples' Rights is thrown into serious doubts by virtue of these provisions.
Where a dispute has been referred to the Court, the Partner States are enjoined to refrain from any action which might be detrimental to the resolution of or might aggravate the dispute further, a Partner State or the Council "must take", without delay, the measures required to implement a judgment of the Court.