SOAS Research Online

Abstract

The Organisation for the Harmonisation of Business Law in Africa (OHADA) was established 27 years ago, in October 1993. Using legislative harmonisation or unification of its 17 Member States’ business laws, through the adoption of several Uniform Acts that are meant to be simple and modern, the organisation aims to produce a business law that is adapted to each Member State’s context, thereby facilitating commercial transactions within the OHADA area. While noting the relative success of the OHADA harmonisation or unification process, this article aims to highlight the advantages and shortcomings of its legislative harmonisation mechanism. This aspect of the OHADA process is analysed by considering the judicial harmonisation process that resulted in the adoption of the United States Uniform Commercial Code (UCC), which is codified legislation that aims to harmonise the law of sales and other commercial transactions across US states, hence promoting inter-state trade. This comparative analysis is conducted with a view to perfecting the harmonisation of business laws across Africa, while ensuring that harmonisation achieves the goal of promoting intra-African trade. The ultimate goal of the article is to demonstrate the need to place a greater emphasis on judicial harmonisation and highlight its ability as a law-making method to produce a commercial law that truly meets the needs and aspirations of the business community across the continent.