July 2, 2012
The Democratic Republic of Congo finalized at the end of June 2012 its
instruments of adhesion to the Organization for the Harmonization of Business
Law in Africa (OHADA) in Senegal, depository state of the OHADA Treaty. The
filing should occur in the next few days. . The Democratic Republic of Congo (DRC)
will have a period of 60 days to apply the OHADA Uniform Acts in the whole of
its territory, meaning that they should become applicable in the DRC in
September 2012.
The announcement of the adhesion was made by DRC Prime Minister Matata Ponyo
Mapon, who declared that it would contribute to the improvement of the business
climate in the DRC and give more security to the private sector, which is seen
as the engine for development. Minister of Justice and Human Rights Mumba Matipa
declared that the DRC was ready to apply the OHADA acts, recalling that
preparations had been underway for some time, notably experts’ reports on
conformity and the training of magistrates and other members of the justice
system, under a government road map strongly supported by the private sector and
development partners.
OHADA is a system of business laws and implementing institutions adopted by
international treaty in 1993 by 16 West and Central African countries . The
treaty is open to all African countries, whether or not they are members of the
Organization of African Unity. The purpose of OHADA is to facilitate and
encourage both domestic and foreign investment in the member countries. The
uniform acts promulgated by OHADA are exclusively business-related and it has
created a supranational court to ensure uniformity and consistent legal
interpretations across the member countries.
The DRC's adhesion to OHADA will render nine "Uniform Acts" regulating some
aspects of business law (inter alia commercial law, company law,
securities interests, accounting) "directly applicable and binding" in the DRC.
As a last resort, disputes concerning the application or the interpretation of
the Uniform Acts will be submitted to the Common Court of Justice and
Arbitration in Abidjan (Ivory Coast), thus providing an appeal level in last
resort with this Court instead of DRC’s supreme court. Concerning mines, Article
3 of the Uniform Act relating to general commercial law includes the
exploitation of mines as a commercial act, thus rendering commercial courts
competent for commercial disputes relating to mining.
Analysts believe that the adhesion of the DRC will open the way for adhesion
by neighboring countries such as Angola and countries in the Great Lakes Region.