GECAM
# ADVOCACY FOR THE IMPROVEMENT OF COMMERCIAL DISPUTE RESOLUTION MECHANISMS IN CAMEROON
CONTEXT
It is well established that economic development and improved investment attractiveness depend on a secure legal and judicial environment that fosters a climate of trust, essential for businesses to take initiatives.
Improving commercial justice in our country is therefore a crucial lever for strengthening its economic appeal. By facilitating a secure and efficient legal environment, the justice system, as an institution, contributes to wealth and job creation by stimulating investment.
However, various public-private dialogue platforms and development partners have repeatedly pointed out that the quality of justice in Cameroon is a significant barrier to business growth and the country's attractiveness to investors. This advocacy by GECAM aims to propose concrete avenues for improving commercial justice in Cameroon.
Several countries have addressed the improvement of commercial justice through the specialization of courts, notably by establishing commercial courts. While this solution undoubtedly represents a significant step toward securing investments legally and judicially in our country, it is not a cure-all. The transformation of commercial justice should be approached holistically, considering the need to:
- Improve the quality of commercial legal texts,
- Enhance the working conditions of judicial staff, and
- Strengthen their professional capacities.
OBSERVATIONS
The Need to Improve the Quality of Commercial Legal Texts
Obsolete Laws Contributing to Judicial Delays
The Cameroonian Code of Civil and Commercial Procedure, dating back to the 1800s, is outdated and ineffective in addressing modern challenges, slowing down judicial procedures. This code creates numerous procedural inefficiencies due to:
- The absence of a legal limit on the number of adjournments, which magistrates and litigants can exploit to prolong proceedings;
- The lack of legally mandated deadlines for the Public Prosecutor's Office to submit its requisitions;
- The excessive time allowed for defaulting litigants to file appeals in civil matters; and
- Jurisdictional challenges that judges decide without the possibility of further review.
To remedy these issues, the Code of Civil and Commercial Procedure must be revised and modernized by incorporating provisions to reduce procedural delays. Some African countries with civil law traditions, such as Chad and Mali, have taken this approach.
Introducing strict rules to limit unnecessary adjournments is imperative. For example, Senegal has implemented monitoring and sanction mechanisms for judges who fail to adhere to prescribed deadlines.
Modernizing these procedures would ensure faster, more predictable justice and restore public confidence in Cameroon's judicial system.
Another solution could be to appoint a judge responsible for case preparation with short deadlines for submitting written arguments. If case preparation is completed within two weeks, hearings could be concluded in just one or two sessions.
Vague Legal Provisions Leading to Multiple Interpretations
Cameroon's legal framework includes conflicting provisions, allowing administrations and courts considerable interpretive discretion, resulting in inconsistent applications without a unified legal logic.
www.legecam.cm
@legecam
#