By Olive Ejang Tebug
The Meme Lawyers Association, MELA, has called for a uniform translation of the OHADA business law into English, for a clear understanding for Anglophone lawyers.This plea was made recently at the Kumba Urban Council hall during an OHADA workshop organised by the University of Buea and hosted by MELA under the theme; OHADA Uniform Acts: Problems Of Implementation And The Way Forward.
Members of Mela
According to the lawyers, OHADA was initially written in French and most of its acts are drawn from French Laws. They disclosed that the translated version into English has lots of loopholes, which deter understanding, to the detriment of the Anglophone lawyers.
MELA noted that, since Cameroon is the only bilingual state amongst the seventeen signatories of OHADA in Africa, the English version and not a translated version should be established. "The OHADA should be a uniform code," they held.
Another resolution that was arrived at in the meeting was for the uniform act to have Appeal Courts in all member countries to ease the justice system. The lawyers noted that the OHADA Uniform Act prescribed only one Appeal Court, which is found in Abidjan. They said this makes it very costly in case a matter is to go on appeal.
It was equally resolved that more seminars be organised on a monthly basis, especially for Anglophone lawyers to easily understand and assimilate the OHADA business law.
Presentations during the seminar came from Justice Bea Abednego Kala, who lectured on securities.
Samuel Forbi, Registrar in Chief, High Court Kumba, on Commercial Registry; Barrister Collins Teku, on Recovery of liquided debt; Barrister Ambo Daniel, on seizure of wages and salaries; Justice Theopilus Tatsi, on Recovery of Premises; and Barrister Princewill Forbischi, on Execution of Court Judgements.
Speaking to The Post at the end of the seminar, the Dean of the Faculty of Social and Management Sciences UB, Dr. Martha Tumnde said part of the mission of UB is to reach out to communities.
She said in addition to teaching and research, they have as a goal, to educate the public and the civil society, especially on the current body of law, like the OHADA law, which touches current businesses and transactions.
The Dean further disclosed that, OHADA has not come to completely replace all national laws, but specifies strictly the area it covers. "The law clearly states that, where there's any conflict between the OHADA business law and the national law, the former takes precedence."
Dr. Tumnde added that she expects that the implementation of the law would be very smooth and people would comply with it, especially the business community, because it is for the interest of growth for industries to flourish better.
I have never known that Lawyers mostly those from kumba are very far behind with the laws of la Republique du Cameroun.When this OHADA Uniform Act law came into usage in Cameroon it was clear that it took the position of an international treaty which meant it had to superseat any national law.To start with, the constitution of Cameroon talks of two official languages (English and French) to be used on equal basis,when the gov't signed the OHADA treaty,it knew very well that it was leaving the English language out and thus English speaking lawyers.When you go into this OHADA treaty while reading it,you will notice an articles that say "French is the only language of operation and any other version of the document in any other language will not be considered as the authentic one".Reading at this, the gov't went further to sign it.What does that mean?Anglos are left out here.You can not apply a law in a language that the people of that area do not understand or even speak.You can not expect courts in the NW and SW to start delibrating in French.Tell me which version should this courts use when only the French one is the original?This will always give room for people to challenge the judgements rendered.What weight do you think Cameroon will have over the other 16 states that signed the uniform Act treaty to impose an official English version?
Not only will you talk of cost going on appeal in Abidjan but again which language will you use while in court there?All the judges speak and understand French and French is the official language of the OHADA Uniform Act.My dear friends, all you have to do as Lawyers is to fight the illegality of that law in Cameroon as first being unconstitutional or you go back to school to learn the French for the purpose of the Act but then what will the population of the SW and NW do? Will everybody go back to school to learn french for the Act?This is what I believe you should start thinking about rather than calling for a Translated version will never be considered as authentic or official.Courage.
Posted by: Pascal | Monday, 30 January 2006 at 09:53 AM
Those who wish OHADA be translated could just intergrate themselves with a command in French.The OHADA thing,written with the help of French so called experts,is just an intergral part of the COLONIAL Machine of terror and opression in AMBAZONIA.The scream bloody murder against this terror machine, manned by Cameroun (LRC) will continue unabated until they leave Ambazonia.
Posted by: Ndiks | Monday, 30 January 2006 at 10:44 AM
Those who wish OHADA be translated could just intergrate themselves with a command in French.The OHADA thing,written with the help of French so called experts,is just an intergral part of the COLONIAL Machine of terror and opression in AMBAZONIA.The scream bloody murder against this terror machine, manned by Cameroun (LRC) will continue unabated until they leave Ambazonia.
Posted by: Ndiks | Monday, 30 January 2006 at 10:47 AM
They (the lawyers)all studied in French universities and French laws.What do they expect the government to do now...?Whether you translated it or not they will still use the French version to implement the laws therein.It's too late.In Cameroon only Anglophone are Bilingual.Francopohnes are purely French. speakers.We should accept our minority status only then we'll be in harmony to live side by side the French .....if not then we will never be bilingual in practice but on paper...
Merci beaucoup les avocats anglos c'est deja tard....le Cameroun ne pas bilingue ..point final...
Fritzane Kiki
Hong Kong
Posted by: Fritzane Kiki H.K | Monday, 30 January 2006 at 02:48 PM
Therein lies La Republique du Cameroun and its colony Southern Cameroons.
The only final solution is the restoration of the State of Southern Cameroons, ECOWAS aligned and with English as the official language.
Posted by: Patrick Atem Ako | Monday, 30 January 2006 at 06:05 PM
I am afraid Kiki is correct. Either accept the colonized status, or devote your energies to Southern Cameroons independence. There is really nothing in between.
Posted by: Ma Mary | Monday, 30 January 2006 at 08:15 PM
This Kiki is the most truthful frog so far, being completely truthful about the project of colonization which was evident from the beginning to all who opened their eyes.
Posted by: Ma Mary | Monday, 30 January 2006 at 08:19 PM
YOU CAN NOT COOK AN OMELET WITHOUT CRACKING THE EGG.
TIME AND TIME AGAIN. A FEW LITERATE PEOPLE
WANTS TO DECEIVE THE MASSES.
ARE WE NOT KNOWLEDGEABLE OF OUR OWN LAWS?
OF OUR IDENTITY? OF OUR HISTORY? OF OUR
DESIRES? HOW COME THESE LAWYERS DONT BAN
THE FOREGN LAWS IMPOSED ON THEM?
THE LAWS OF THE LAND, I MEAN SOUTHERN CANEROONS, SHOULD BE THE LAWS THE CITIZENS
MUST LIVE AND DIE BY, NOT SOMEONES LAWS.
THE ANGLOSAXON COMMON LAWS ARE THE ONE WE KNOW, THE ONE HALF OF AFRICA OPERATES ON,
TRADE, POLITICS AND SCIENCES. COMMON SLEEPING LAWYERS WAKEUP. WHO TOLD YOU
THAT YOU CAN MIXED SOUTH AFRICAN LAWS AND GABONESE LAWS? THESE THINGS DOESNT MIX. ITS NOT ABOUT BEEING BILINGUAL OR TRILINGUAL ITS ABOUT CULTURAL HERITAGE, ABOUT WORDVIEW, ABOUT UNIVERSAL SUFFRAGE,
WHERE ARE THE PDS EDUCATED IN LONDON AND SCOTLAND? THESE INFERIOR RATS WILL COOK ANY GABBAGE AND FORCE FEED YOU PEOPLE WHEN YOU KEEP SILENT, PEOPLE OUGHT TO PROTESET,SAY NO
NO, NO AND LET THE WORLD KNOW. ENOUGH IS ENOUGH, WE ARE NOT CITIZENS OF LA REPUBLIQUE DU CAMEROUN,
WE HAVE NEVER BEEN PART OF FRENCH COLONIES
PEOPLE WAKE UP AND DO SOME THING. THE ENMIES NEVER SLEEP. THE WORK NIGHT AND DAY TO FEED ANGLOPHONES WITH CYANIDE,
LAW NUMBER 84/01 CLEARLY SAYS SOUTHERN CAMEROONIANS ARE NOT CITIZENS OF LA REPUBLIQUE DU CAMEROON, AND NO SOUTHERN CAMEROONIAN CAN BE PRESIDENT (FRU NDI)
CASE.
Posted by: dango tumma | Monday, 30 January 2006 at 09:54 PM
HR 502 US CONGRESS HAVE ASKED BIYA TO LEGALISED SCNC AND FTREE AMBAZONIA.
THE UNPO HAVE ASKE BIYA TO FREE SCNC
CITIZENS AND NEGOTIATE FOR THEIR SOUVEREIGNTY.
KOFI ANAN HAVE ASKED BIYA TO NEGOTIATE
WITH SOUTHERN CAMEROONIAN ( ANGLOPHONE)
TO RESTORE THEIR SOUVEREGNTY
SOO ITS NOT LATE, NOW THE WORLD KNOWS.
ITS JUST BEGINING TO HRATUP. BIYA THINKS FRANCE WOULD SHORE HIM UP, BUT I BET YOU
IT CANNOT, IF NO NATION STOP ANC TO FREE S AFRICA, ANBAZONIA WILL BE FREE, LET THEM KEEP PLAYING DEAF, TO THE WARNINGS, ONLY THEIRS WILL BE DEATH. GODS WILLING
BECAUSE SUCH IS THE WAGES OF SINS.
I MEANS FROM LOIUS EYAYA, TO KOUMPSA ISSA
TO PAUL BIYA, TO TATAW JAMES AND ANGLOPHONES COLARBORATORS YOPU PEOPLE WHO ARE
HOLD ING A WHOLE GENERATION IN BONDAGE WILL PAY DEARLY.
Posted by: dango tumma | Monday, 30 January 2006 at 10:02 PM
CONTRIBUT YOUR 20 DOLLARS TO THE 2O DOLLAR
CLUB, IN MINNEASOTA,
FOR NOTHING CAN BE DONE WITHOUT MONEY.
UNTIL WE START, OTHERS WONT SUPPORT,
THE ARGUEMENT OF FORCE WILL PREVAIL. IF THE FORCE OF THE ARGUEMENT DOESNT.
SOME ONE WHO BITES YOURS SHIT-HOLE, WITHOUT
SCARE OF THE SMELL UNDER, WHEN YOU BITE HIS HEAD, DONT BE SCARE OF HIS HAIR
TUMMA
Posted by: dango tumma | Monday, 30 January 2006 at 10:06 PM
THE FOOL WHO EVOKE THE CONSTITUTION OF LRC
THEIR CONSTITUTION WAS WRITTEN WITHOUT
SOUTHERN CAMEROONS, REFERENCE, WHEN WE WERE
STILL UNDER BRITISH RULE,SOO TELL ME
BIG MOUTH ,EMPTY HEAD TUMDE AND OTHERS,
HOW CAN YOU ACKNOWLEDGE LAWS THAT NEVER ACKNOWLEDGED YOUR EXISTENCE?
NO WONDER THE FRANCOPHONE ARE SCREWING YOU PEOPLE. BECAUSE YOU PEOPLE ARE PLAYING FOOLS.
WHEN WILL YOU WAKE UP AND TELL THE OHADA PEOPLE, THAT ANGLOPHONE CAMEROONS. HAVE THEIR OWN LAW, ITS CALLED COMMON LAW,
SAME LAWS IN NIGERIA, ENGLAND AND USA.
ARE THESE LAWS NOT USED FOR INTERNATIONAL TRADE AND DISPUTE RESOLUTIONS, SOO, WHAT LAW SCHOOLS DID THESE ASHOLE STUDIED?
THAT THEY CANNOT DEFEND THEIR OEUVRE ON THE FEILD? IF UB IS AN ANGLOSAXON SCHOOL. IT OUGHT TO RECAHOUT THE COMMUNITY TO PREACH ANGLOSAXON LAWS, NOT FRENCH LAW, SINCE THE
PART OF THE WORLD IS NOT COVERED BY THE FRENCH DICTATES, IS IT RIGHT OR WRONG?
HOW CAN YOU RE WRITE HISTORY BY SAYING
WHERE NATIONAL LAW, COMES, INTERNAL LAW IS NOT COVERED, THIS AND THAT.
WHAT IS NATIONAL LAW? IS THERE SOME THING AS NATIONAL LAW. IT ALL DEPEND OF WHAT
LAND YOU ARE TALKING. SOO STOP BLOWING SMOOTH ABOUT FRENCH LAW, WHY NOT THEM FRENCHIES STUDY THE COMMON LAW AND ABADON THEIR EVIL SYSTEM THE WHOLE WORLD NEGATES?
Posted by: dango tumma | Monday, 30 January 2006 at 11:35 PM
Dango,
Please read well before you write.We are not talking about what should have been done,we are talking of what should be done to solve the mess that has already been put in place by the Biya gov't.There are areas of law in Cameroon where we do have same laws with the frogs and other areas where our common law holds.But the tendency has generally been moving towards making one law for "Cameroon".The OHADA law is already an evil that exist against the aglos and what we are seeking to do now is how to we get out of that mess imposed on us by the frogs?Can we keep that law aside and follow the common law in matters of business law?No because it will not work,the judges and the lawyers will not accept that to work in that way because there's always going to be someone to say No " if the OHADA law was applied I would have been better of"and that's it.Tell us what you think we can do to come out of the mess.Don't forget that we do use a national criminal code, civil status registration ordinance just to name a few.Those are some of what we call national laws and that the common law is only called in for aglos when those national laws are silent while the frogs look into the code civil in the same situation.I hope you contribute positively.
Posted by: Pascal | Tuesday, 31 January 2006 at 10:52 AM
Pascal,
Dango will never understand what you say. These people are "FANATICS". They have no positive ideas to offer in Cameroon. Their dream is to be Ministers, President and Vice President of "AMBAZONIA".
That's why the "Ambazonian Theory of Government" proclaimed by some Folks living in the United States or elsewhere will never be accepted by the People of Cameroon.
Most of these Gang Members are incapable of holding their marriage together let alone govern a Country.
If this Gang thinks they speak for the people, let them run for an office in Cameroon and produce ONE MP. I SAY ONE MP!
These Hamburgers with Chinese fried rice Eaters are enjoying western prosperity and peace with their "Heineken beer" and BARK rubbish!
They want to watch the destruction of Cameroon on CNN sitting on their couch...
Too late .... No Cameroonian will be fooled!
We know we do have problems....
Division is not the Solution!
DEMOCRACY IS THE ONLY!
Riccardo
President and Co-Founder
CAADIM (CAmeroonians against the DIvision of our Motherland)
Americas Division.
Posted by: Riccardo | Tuesday, 31 January 2006 at 05:14 PM
anglophone cameroon should apply for memeship into ecowas, and instead
practise they laws operating in this
body and not abide by this foreign french criminals.
tumma
Posted by: dango tumma | Tuesday, 31 January 2006 at 09:08 PM
ricardou alvaro is back again, the yan head
is here. the young frog is here
we are talking s cameroon, lost soul.
Posted by: dango tumma | Tuesday, 31 January 2006 at 09:14 PM
Dango my friend,
ECOWAS is mostly dominated by French Speaking Countries.
Would that be a problem?
Riccardo
CAADIM
Posted by: Riccardo | Wednesday, 01 February 2006 at 12:02 PM
Simpleton ricardo has resurfaced again rearing his ugly into the the resolve of Ambazonians to flush LRC from Ambazonia.Simpleton ricardo tried to compare Texas and Ambazonia,thinking that he knows the History of Texas than any.
Quote
4) The Mexican American War
The Mexican-American War from 1846 to 1848 is often viewed as motivated by American imperialism. In 1846, President James K. Polk sent soldiers to the disputed zone between Mexico and the newly annexed Republic of Texas in what most historians describe as a provocation for war. After war broke out, American forces quickly defeated those of Mexico, and in the Treaty of Guadalupe Hidalgo, Mexico ceded its claims on what is now almost the entire Southwest and California to the United States, in exchange for $15 million and the settlement of pending individual claims against Mexico valued at about $3 million.
Many aspects of the war and its aftermath were controversial. A faction called the Continental Democrats had advocated annexing all of Mexico, some arguing that Mexico should be punished for its behavior. Others, largely in the North, denounced the war variously as imperialism and as a pro-slavery stratagem to add more slave territory to the United States.
unQuote.
Simpleton Ricardo Alvaro Gonzalez should re-oriented himself and reason,not like a hen.
Posted by: Ndiks | Wednesday, 01 February 2006 at 01:40 PM
riccardo. Ecowas is NOT DOMINATED BY FRANCE. That is crucial. Your central african thing with which we do not identify (because we Southern Cameroonians are West Africans) is just an offshoot of Francafrique. As far as I know the French versions of the Charter are not the authentique ones. To say that ECOWAS is dominated by french speaking countries is like saying that a field containing one elephant and 10 deer is dominated by the deer.
Posted by: Ma Mary | Wednesday, 01 February 2006 at 02:03 PM
Well Mary,
I do not argue that ECOWAS is dominated by France but by African French Speaking Countries.
If you and your Group feel that you are West Africans, I do not see anything bad about it.
West Africans are Africans. Kwame Nkrumah, Patrice Lumumba, Sekou Toure, Nelson Mandela, Samora Machel, Agostino Neto, Um Nyobe, Felix Moumie, John Ngu Foncha just to name only few were or are all Africans. Progressive Cameroonians and CAADIM respect these Brave Late or Current Leaders who fought for Unity, Justice and Peace in Africa.
Power to Ambazonians considering themselves West Africans.
One Question, if I may please...
"Name the Country in West Africa you are all from?"
Thank you Sister.
DEMOCRACY IS THE ONLY WAY TO CHANGE CAMEROON!
Riccardo
President and Co-Founder
CAADIM (CAmeroonians Against the DIvision of our Motherland)
Aricas Division
Posted by: Riccardo | Wednesday, 01 February 2006 at 03:22 PM
These Ambazonians are just like the Republic of Texas. One will think living in a Great Country like the United States (the Greatest Democracy on Earth) such a Group will never exist. But it does exist....
try this:
link:http://www.texasrepublic.com/info/members.shtml
Don't you the similarities with the Ambazonians?? The United States Government and the World understands perfectly who these people are.
As our Beautiful Cameroon progresses towards a Democratic society and cleaning up all his Corrupt Anglophones and Franco-phones from the position of power, we will always have to deal with Extremists.
But no One can defeat the Force of Democracy!
Progressive Cameroonians, stay the course just few years from now, a Democratic, Peaceful and Prosperous Cameroon will emerge with full power of Justice.
Don't let the Evil of Ha-try and Division consume your heart for instant gratification.
CAMEROON IS GOING TO FREE INDEED!
DEMOCRACY IS THE ONLY WAY TO CHANGE CAMEROON!
Riccardo
CAADIM
Posted by: Riccardo | Wednesday, 01 February 2006 at 03:58 PM
THE ILLITRATE FOOLS WHO NEVER LEARNS.
WHO IS LOST AND DONT KNOW WHERE HE BELONGS
RICARDO, YOUR FATHER IS FROM FAR EAST CAMEROON. STOP WRITING ON THIS POST.
WE WANT SOUTHERN CAMEROONIANS TO CONTRIBUTE CONSTRUCTIONS IDEAS ABOUT OUR LAND AND LIFES, ITS OUR NATION, LET
FOREIGNERS SHUT THE HELL UP
I MEAN RICARDO AND THE LOST SOULS
Posted by: dango tumma | Wednesday, 01 February 2006 at 11:13 PM
I wish I had a free mind. I have been pampered and twisted by a colonial master for whom I have ALLOYED allegiance.
Even DEMOCRACY may not solve our problems of the mind. America, #1 promoter of democracy in the world is confounded by the outcome of democracy in Iran and now Palestine.
Longlive Southern Cameroons.
Riccardo,
Now a SCAADIM
(Southern Cameroons Against Annexation & Division of the Motherland).
Posted by: Riccardo | Thursday, 02 February 2006 at 03:51 PM
Dear All,
I am really sorry for all the mess that I have been writing on this forum.
I understand I have hurt many people especially the Southern Cameroonians by being insensitive to their cause.
I will really like to ask my French speaking brothers and sisters on this forum to allow reason reign. I am really ashamed of myself and will ask for a more realistic approach from them. While we would like to have a united and strong Cameroon, I appeal to the Government to consider the Plight of the Anglophones and dialogue with the SCNC.
I cannot allow myself to be used anymore to perpetrate such hate, injustice and ethnic tendencies in Cameroon.
Please donot contact me anymore for my Concience is dealing me a big blow everyday.
Thank you all for accepting my apology.
Mbakop Jean Marie Fuente aka Riccardo
Posted by: Riccardo | Friday, 03 February 2006 at 07:07 AM
POSTING AS RICCARDO FROM CAADIM WILL NOT DETERRE MY ORGANIZATION AND I TO WATCH AND TRACT DOWN PEOPLE WHO ARE USING THIS FORUM TO CALL FOR HATE, VIOLENCE AND THE DIVISION OF CAMEROON.
CAADIM IS VERY ACTIVE AND IS WELL PREPARED.
DEMOCRACY IS THE ONLY WAY TO MAKE CHANGES IN OUR BEAUTIFUL CAMEROON!
Riccardo
President and Co-Founder
CAADIM (CAmeroonians Against the DIvision of our Motherland)
Americas Division.
Posted by: Riccardo | Friday, 03 February 2006 at 08:32 AM