THE OHADA STRUCTURE AS A POSSIBLE MODEL FOR THE DEVELOPMENT OF A COMMERCIAL LAW STRUCTURE IN THE SOUTHERN AFRICAN DEVELOPMENT COMMUNITY (SADC)
Authors:
Dr. Ngaundje Leno Doris
Abstract:
The Southern African Development Community’s (SADC) colonial legacy which introduced foreign legal traditions and the consequences of the diversity heighten the urgency for unified commercial legislation to deal with cross-border disputes. Thus, the issue is whether the Organisation for the Harmonisation of Business Law in Africa (OHADA) structure can serve as a possible model for the development of a uniform commercial law structure in the SADC. Despite the success of the OHADA, the author submits that the OHADA can only serve as a source of inspiration, or roadmap, providing guidance to the SADC drafters. The paper aims at demonstrating that the OHADA provides practical lessons for the development of a uniform commercial law structure in the SADC. The significance of this paper lies in the contributions it makes to the development of a commercial law structure in the SADC.