The government of the Democratic Republic of Congo has announced plans to strengthen the application of the Organisation for the Harmonisation of Business Law in Africa (OHADA) to enhance the country's business climate. This move is aimed at addressing concerns of economic operators, restoring investor confidence, and making the business environment more predictable. The Ministry of Justice has identified the implementation of OHADA law as a priority.
A meeting was held between the Minister of State, Minister of Justice, and Keeper of the Seals, Guillaume Ngefa Atondoko Andali, and a delegation from OHADA led by Professor Mayatta Ndiaye Mbaye. The discussions focused on the effectiveness of community law and the ability of the Congolese judicial system to enforce court decisions. The execution of court decisions was a key topic, with the Minister emphasizing that the adoption of texts conforming to OHADA law is not enough; court decisions must be effectively enforced.
The Congolese government has identified several challenges that undermine the security of the legal environment, including the execution of court decisions, the insolvency of certain entities, and practices that affect the predictability of the business environment. These concerns have been raised by the private sector, particularly through the Federation of Congolese Enterprises (FEC). The Minister stressed that an effective justice system must contribute to securing economic activity and that respect for the law, predictability of court decisions, and their effective execution are essential.
The government is engaged in several reforms aimed at improving the business climate. These include the deployment of a one-stop shop for company creation, the modernization and professionalization of the notary system, the dematerialization of judicial procedures, and the modernization of commercial courts. The government aims to accelerate the digital transformation of procedures to reduce delays, improve the traceability of cases, and limit uncertainty faced by economic actors.
The modernization of the notary system is a priority, with the Minister reaffirming his commitment to pursuing the professionalization of the sector to strengthen the security of acts and the reliability of transactions. The OHADA organization also aims to strengthen its presence in the DRC, with a focus on relaunching the local representation of OHADA and reconstituting the documentation related to the steps already taken.
The National OHADA Commission, led by Professor Roger Masamba Makela, is expected to play a significant role in this process, in coordination with the Ministry of Justice and other concerned institutions. The establishment of this representation will enable the diffusion of OHADA law in the DRC and bring the organization closer to legal practitioners, businesses, and other economic actors.
The main challenge now is to move from commitments to concrete results. The government aims to transform its commitments into measurable and verifiable actions. The implementation of OHADA law, the dematerialization of procedures, the modernization of commercial courts, and the reform of the notary system are all levers aimed at making the Congolese legal environment more predictable and secure for investors and entrepreneurs.
Key points
- The Congolese government aims to strengthen the application of OHADA law to improve the business climate and attract investments.
- The implementation of OHADA law is a priority for the Ministry of Justice.
- The government is engaged in several reforms to improve the business climate, including the modernization of the notary system and the dematerialization of judicial procedures.
