OHADA applied to the courts
| Business environment |
Despite a difficult start, the appropriate application of the Uniform Act of OHADA continues in the Cameroonian judicial system. The employers set up an internal body of arbitration to promote harmonious outcome from any business conflict.
Clearly, the adoption of the Treaty of the Organization for the Harmonization of Business Law in Africa (OHADA) has been a boon for local traders and foreigners operating in Cameroon. In addition to this uniform act which allows businessmen to operate in 14 African countries, without regard to fluctuations of the legal framework, it has definitely made improvements on the business environment in Cameroon. For example, besides the fact that it establishes uniform legislation for Member States on the procedures and techniques that concerns awakening the investor' confidence, and even to protect the commercial activities, it also accelerates the conclusion of certain litigation, taking into account the constraints of private business environments related to the speed of these processes and safeguards the interests of parties involved.
Training in the right track
In their application, the OHADA texts have often encountered difficulties, often related to the jurisdiction of the actors of the justice system which responded to these new texts. Me Ernestine Attegnia, bailiff of the Court of Appeal and courts of Douala, say in an analysis he gave recently on OHADA Legis:"It has been observed in the application of these texts some inconsistencies due to the fact that it was a new law which was somewhat surprising for the practitioners. We then trained in self-taught and through seminars in small groups, often selective. What was missing here was the consistency in training, but we believe that this weakness is beginning to be filled, especially with the judgments of the principles of the Common Court of Justice and Arbitration (CCJA). We also note here a specific case, these of Cameroon, which constituted an obstacle to the harmonization of procedures and techniques introduced. Indeed, the English-speaking part of Cameroon has dragged a little time compared to the application and this can be explained by the ambivalence of the existing judicial system."
« It has been observed in the application of these texts, some inconsistencies due to the fact that it was a new law that was somewhat surprising for the practitioners. We then trained in self-taught and through seminars in small groups, often selective. »
Faced with this situation, the government has launched a course for players in the legal system. This is under the Project of Support to National Governance Program (PAPNG), sustained by the African Development Bank. The aim of these courses is to update knowledge of bailiffs, judges, notaries, lawyers on the Uniform Acts and includes the following:
Uniform Act relating to general commercial law, the Uniform Act on Commercial Companies and Economic Interest Grouping; Uniform Act on organization of simplified procedures for collection and enforcement; Uniform Act organizing collective procedures for clearance of liabilities; Uniform Act organizing securities; Uniform Act relating to contracts of transporting goods by road; Uniform Act on the Arbitration Law.
According to Maurice Kamto, Minister Delegate to the Deputy Prime Minister responsible for Justice, this training is justified mainly by the fact that "the diagnosis made in the development stage of the document of national governance reveals that justice still holds Cameroon shortcomings, some are related to the weakness of qualitative capacities of those working in this field. This diagnosis, he continued at the launch of one of these training sessions, has been confirmed by the World Bank in its assessment report on the investment climate in Cameroon, which lies in the inadequate training of judicial personnel in financial and trade matters, one of the major causes of difficulty in enforcing property rights and to obtain quick judgments."
Arbitration procedure
Beyond this update of the skills of staff in the legal system in relation to legal texts of OHADA, the Cameroonian government has undertaken, for 6 years, actions to strengthen the capacity of judges in resolving business disputes, and even to reform the global justice to make it faster, more efficient and fair when it is needed to resolve disputes between business people.As a complement to this device, GICAM, the inter-group of Cameroon employers has set up an arbitration which has already proved its worth. Under its leadership, the Arbitration Center of GICAM "is born from the desire of members to give their group a legal tool that is capable, in business disputes, to ensure a specific regulation, accepted, discreet and fast and thus preserve and develop harmonious relations between partners. The Center participates in the effort to modernize the business framework in Cameroon."
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