OHADA National Commission for Gabon: Handing over ceremony of the Chairmanship of the Council of Ministers of OHADA

• 22/01/2018
• 6784
• 1 commentaire

On Tuesday, January 30, 2018 at 10am, will be held at the RADISSON Hotel in Libreville (Gabon), the ceremony of handing over the chairmanship of the Council of Ministers of the Organization for Harmonization of Business Law in Africa (OHADA), between the Republic of Guinea, represented by HE Cheik SAKO, Minister of State, Minister of Justice, Keeper of the Seals and Chairperson of the outgoing Council of Ministers and the Gabonese Republic, represented by H.E. NKEA NZIGUE, Minister of State, Minister of Justice, Keeper of the Seals and incoming Chairperson of the Council of Ministers. The handover ceremony will take place in the presence of members of the Cabinet of the Minister of Justice, members of the Judiciary and the Permanent Secretary of OHADA, Prof. Dorothé Cossi SOSSA.

As per Article 27 of the OHADA Treaty “the Council of Ministers shall be composed of the Ministers in charge of Justice and Finance of Member States.

The chairmanship of the Council of Ministers shall be held alternately and in alphabetical order for a period of one year by each Member State”.

It should be recalled that OHADA currently has seventeen (17) Member States, namely: Benin, Burkina Faso, Cameroon, Central African Republic, Comoros, Congo, Ivory Coast, Gabon, Guinea, Guinea Bissau, Equatorial Guinea, Mali, Niger, Democratic Republic of Congo, Senegal, Chad, Togo. These are countries of West Africa, Central Africa and the Indian Ocean. The working languages of the Organization are: French, English, Spanish and Portuguese.

The institutional architecture of the Organization comprises five institutions:

1. The Conference of Heads of State and Government: composed of the Heads of State and Government of Member States, it is the highest political organ of the Organization. It was established in the wake of the revision of the original Treaty at the Quebec Summit (Canada) on October 17, 2008. Its chairmanship goes hand in hand with that of the Council of Ministers.
2. The Council of Ministers in charge of Justice and Finance has a mainly normative role as it is charged with adopting harmonized rules in the form of Uniform Acts. It also has decision-making powers and meets at least once a year, when convened by its Chairperson, on the initiative of the latter or at the behest of one-third of the Member States. It can validly deliberate only if at least two-thirds of Member States are represented (Article 28 of the Treaty).
3. The Permanent Secretariat is the executive organ and coordinator of the activities of OHADA institutions. It is also the true core of OHADA. Among other things, it draws up the annual program of harmonization of business law; prepares the draft Uniform Acts, in consultation with the governments of Member States; prepares the meetings of the Council of Ministers; keeps the Official Journal of OHADA; ensures the extension of OHADA law and the supervision of the Higher Regional School of Magistracy (ERSUMA). Its headquarters are in Yaoundé (Cameroon).
4. The Common Court of Justice and Arbitration (CCJA) is composed of thirteen (13) judges and is responsible for ensuring the common interpretation and application of OHADA law. It issues Opinions at the request of the Council of Ministers, a Member State or a national court. It is the only court of last resort for the seventeen (17) Member States, in all disputes involving the application of Uniform Acts. It is also a permanent center of arbitration administration. Its headquarters are in Abidjan (Ivory Coast).
5. The Higher Regional School of Magistracy (ERSUMA), it is attached to the Permanent Secretariat of OHADA, and is responsible for the continuing training and capacity building of magistrates and auxiliaries of justice, with opening to a wider audience. It is also responsible for research and documentation on OHADA law, business law and other Community laws. Its headquarters are in Porto Novo (Benin).

As for the OHADA National Commissions (ONCs), they were established by the Guidelines adopted in Brazzaville (Congo) on 12 September 2002 relating to the creation, attributions, organization and functioning of ONCs. It is a joint, multidisciplinary and multisector body with members from the public sector, private sector, civil society and professional organizations. Its members are appointed by an Act of the Minister of Justice, on the proposal of the supervisory structures. Each ONC comprises a general meeting and an office, whose chairperson is chosen from the representatives of the Ministry of Justice and the vice-president from the representatives of the Ministry of Finance.

They are responsible for conducting studies and commenting on draft Uniform acts and regulations, monitoring the application of OHADA law and ensuring compliance of national law with harmonized law. ONCs also ensure the promotion, popularization and dissemination of OHADA law.

Gabon assumes the chairmanship of OHADA for 2018 and its OHADA National Commission looks forward to playing its role for the success of this chairmanship.

For further information, kindly contact:

Director General of Civil Affairs
Mrs Sophie Ndinga
Tel.: +241 06 64 31 81
E-mail: lyse06643181@icloud.com

Keep up with all the institutional news about OHADA on www.ohada.org and subscribe to the Newsletter to stay informed.

The Permanent Secretary,
Prof. Dorothé C. SOSSA
http://www.ohada.org/index.php/en/news/latest-news/2388-handing-over-ceremony-of-the-chairmanship-of-the-council-of-ministers-of-ohada