The Common Market for Eastern and Southern Africa (COMESA) Acting Secretary-General, Dr. Development Haman, has highlighted the need to continuously review regional legal frameworks that hinder intra-regional trade.
Haman expressed concern over the low intra-trade among COMESA member states, which currently stands at 7 percent—significantly lower than in other regional groupings.
Speaking at the 28th Meeting of COMESA Ministers of Justice and Attorneys General, held at Pamodzi Hotel in Lusaka on Friday, Haman noted the importance of developing new laws to improve the current trade picture.
He also emphasized the need for member states to strengthen the institutions through which the COMESA regional integration agenda is implemented.
“The COMESA regional integration agenda was founded on a sound and solid legal framework in the form of the COMESA Treaty, Protocols and Regulations enacted under it,” Haman stated.
He further stressed that, alongside addressing anti-competitive practices and consumer protection, there was a need to strengthen the Dispute Resolution Mechanism of the Common Market, which is the COMESA Court of Justice.
Haman noted that dispute resolution was crucial in regional trade agreements (RTAs) because it promoted stability, enforced the rules of the agreement—in this case, the COMESA Treaty and subsidiary legal instruments—and fosters trust, encouraging investment.
“By providing a neutral forum and a consistent process for resolving conflicts, these draft Revised Rules of Procedure for the Court, among other things, help maintain fair and smooth trade by addressing issues like unfair practices, ensuring compliance with the COMESA Treaty and international law, and offering more flexible solutions than traditional litigation,” Haman said.
He added that apart from strengthening the structure and capacity of the Court, the draft Revised Rules of Procedure also aimed to enhance dispute resolution through traditional litigation and arbitration while embracing Alternative Dispute Resolution (ADR) methods such as mediation.
Read More: President Hichilema reaffirms commitment to investor-friendly environment, as he receives Dangote
Haman said the rules also provide an opportunity to align the Court with current judicial best practices and address emerging needs.
“Ultimately, the draft Revised Rules of Procedure shall improve the procedural efficiency of the Court by embracing, among other things, the use of technology,” he noted.
Haman added that the Court customarily provided progress reports on its activities and considered areas for strengthening its institutional capacity to deliver its mandate efficiently.
Regarding the COMESA Competition and Consumer Commission, he noted that in addition to reviewing its revised draft legal instruments, member states are being encouraged to address institutional issues to strengthen its governance structure.
Haman highlighted one of the biggest challenges to regional integration: the domestication of regional and international legal instruments at the national level for effective project implementation.
WARNING! All rights reserved. This material, and other digital content on this website, may not be reproduced, published, broadcast, rewritten or redistributed in whole or in part without prior express permission from ZAMBIA MONITOR.
