Author: C. NEGRE
N0:6 of 2008
The situations described in this paper show the politicization of the disputes, in which the State is involved, the State’s interference with the judicial debate, and the direct and indirect pressure put by the State on domestic judges. It is indeed a pity that clear, modern and uniform laws are not sufficient to secure investment. The application of such rules by independent judges, in strict compliance with the principle of the separation of powers, is also crucial.
If the aim of OHADA is to secure the creation of a rule of law that is favourable to economic development, in the whole region, then the time has come to tackle the weaknesses of the uniform law. Legal uncertainty is a major weakness. Increased resources to train judges and pay them, as well as increased resources for the CCJA and the ERSUMA (regional training centre for legal officers), may be ways of improving things. However, nothing will change as long as politicians do not realise that a harmonious economic development of the OHADA zone is only possible with a clear separation of powers and the creation of a court system, which is clearly independent.