Harmonising Regional Trade Law in the Southern African Development Community (SADC): A Critical Analysis of the CISG, OHADA and CESL (Recht Und Verfassung in Afrika - Law and Constitution in Africa) - Tapa dura

A detailed critical analysis of the CISG, OHADA and CESL as models for the harmonisation of sales laws in the SADC region. The study is cutting edge research on SADC and the application of its legal and institutional framework towards creating and implementing community laws. This study focuses on the need to harmonise the law of international sale within the SADC region in order to facilitate international trade with the aim of fostering regional integration, economic development and alleviating poverty. This study addresses the mechanisms by which such harmonisation could be achieved by analysing three models which have been selected for this purpose, namely the CISG, the OHADA and the proposed CESL. The main issues addressed include whether SADC Member States should adopt the CISG, join OHADA, emulate the CESL or should use any of the other instruments as a model for creating a harmonised sales law for SADC. In conclusion, it is observed that SADC has its own institutional and operational mechanisms that require a process and instrument tailor-made for the unique needs of the region. It is recommended that SADC should create its own common sales law based on the CISG but taking into account lessons learnt from both the OHADA system and the CESL. A number of legislative, institutional and operational transformative and reform mechanisms are recommended to enable the creation of such a community law and ensure its uniform application and interpretation.

Tapiwa Shumba is a post-doctoral researcher in International commercial law at Stellenbosch University in South Africa.