Some reflections on the harmonisation of business law in Francophone Africa and constitutionalism

Author: Balingene Kahombo
Professor of Public Law and African International Relations, Faculty of Law, University of Goma (Democratic Republic of Congo)
Author: Trésor M. Makunya
Doctoral Candidate & Academic Associate, Centre for Human Rights, Faculty of Law, University of Pretoria (South Africa)


The Organisation for the Harmonisation of Business Law in Africa (OHADA) is a supranational organisation established by the Treaty of Port-Louis of 17 October 1993 to standardise business legislation and regulation in Africa. It was believed that the creation of OHADA will attract foreign investors because its norms increase legal and judicial security and certainty. The imperfection, disparity and inaccessibility of existing business-related legal rules and judicial institutions were identified as major problems to address. The OHADA sought to combat the ‘backwardness’ of African business law by adopting legislation regulating different aspects of business, such as company law, simplified recovery procedures and enforcement measures, and labour law. These laws are known as uniform acts.

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An introduction to the North African legal system

Sara Hilal bikAuthor: Sara Hilal bik
Legal researcher

The North African countries have common and universal characteristics which include the related social traditions customs and mores that have been incorporated due to historical and geographical reasons. They comprise Morocco, Algeria and Tunisia. The major fundamental explanation for the identical legal systems in Morocco, Algeria and Tunisia is attributable to the French colonization. The French colonial empire launched its colonial project in the 17thcentury. This historical event had a very essential and weighty effect on the development of the North African legal system – it been an inspiring factor in many law subjects like contract law, commercial trade law, business law.

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