Sunday, 2 October 2016

Calls for English version of OHADA law:

SDO bans lawyers’ press conference in Douala
Over 500 lawyers converged on Douala Saturday 
The lawyers say 55 years after reunification of English and French Cameroons it is unacceptable that fundamental texts are published only in French. They wonder for example why there is no English version of the OHADA Law.
By Mercy Neba in Douala
Over 500 lawyers of English and French expression converged on Douala on Saturday 1st October 2016 for a press conference to press on the government to produce as a matter of extreme urgency the English version of the Uniform Business Law, OHADA. But the meeting that had the blessing of the DO of Douala 1, Jean-Marc Etoa Mbarga, was disallowed by the SDO for Wouri, Pal Nasseri Bea. The conference was convened at the behest of Senior Attorney of Cameroon (SAC), Barrister Roland Abeng, who is also a member of the Common Law Lawyers Conference that seeks to uphold and protect the virtues of the practice of Common Law in Cameroon.
                Supported among others by the President of the Cameroon Bar Council, Jackson Gnie Kamga (SAC) and the President of the Bar General Assembly, Ntumfor Nico Halle (SAC), the meeting was going to be an opportune occasion for the learned men of law to urge the government to respect the constitution of the country which states unequivocally that all official documents in the country shall be in both English and French.

                It should be noted that the OHADA Law is the sole document that regulates and sanctions business transactions in Cameroon and perhaps the entire Francophone Africa. Yet, the law has no existing version in English. This therefore compels lawyers of the English expression to read the document in French, comprehend it in French and of course apply it in French.
                But Common Law lawyers say this is frustrating; it cannot continue to be so. The Common Law Lawyers have therefore fired a grim warning at the authorities in Yaounde to produce without further delay the English version of the OHADA law.
                The fact that many Francophone Lawyers also joined their voices in the protest call of the Common Law lawyers was simply telling of the seriousness of the matter.
                It should be recalled that even before Barrister Abeng Roland took the bull by the horns to convene the conference on 1st October in Douala, the Bar Council had through the Batonnier, written to the Minister of Justice urging him to produce the English version of the OHADA Law.                                               But sources close to the Bar Council say the MINJUSTICE never bothered to respond to the request of the Batonnier. And that is perhaps why the lawyers  decided this time to sound the warning bells louder and get the public to also know about the vexing situation.
                “We have exercised patience for too long. So far we have proven that we are gentlemen who respect the institutions of our country. But it appears the authorities have interpreted our patience to mean weakness. They are mistaken,” said Barrister Abeng, who noted that: “The Constitution of Cameroon stipulates that the country is bilingual in English and French and this means that all important texts must be written and published in English and French. But unfortunately Cameroonians of English expression have always had to make do with texts produced only in French. We cannot continue to do things like this; we must respect the fundamental law of the land.”
                It should be noted that the OHADA law is not the only important document that appears only in French. Even the CFA Franc (the legal tender in Cameroon) has no English word inscribed on it; billboards in Yaounde and in most parts of the country are mostly in French, and even when the English translation is given it is printed in very small characters. This makes the French inscription to always appear preponderant on the English version. Then most if not all speeches or releases issued by authorities in Yaounde, even when the authority is an Anglophone, are exclusively in French. Even the Head of State has hardly pronounced a complete speech in English in his over 34 years in power. The instances of glaring disregard for Anglophones and the English language are simply unending, observers note.
                It is however the hope of many that following the outing by Anglophone and Francophone Lawyers in Douala, Yaounde authorities will come to their good senses and see the need to produce the English version of not only the OHADA law but all other important texts. 

                           

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