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Tinashe Makichi in LIVINGSTONE, Zambia
The Common Markets for East and Southern Africa says the implementation of the Tripartite Free Trade Area will begin in two years after ratifications and approvals from Governments of member states, an official has said.
Speaking at the Competition Law Regional Sensitisation workshop in Livingstone, Zambia yesterday, COMESA Secretariat legal affairs officer Mr Gabriel Masuku said
following the signing of the TFTA there are other formalities that have to be followed before implementation.
“Most people thought that after the signing of the TFTA implementation was to follow right away. It is a process and the signing that was done is part of the process considering.
“It has to be tabled in parliaments of member states, then to the Attorney General before they can be signed by Presidents.
“After that then we will talk of implementation and that is supposed to start happening in the next two years,” said Mr Masuku.
TFTA was officially launched on June 10 and comprises of the Southern African Development Community , the East African Community, and the Common Market for Eastern and Southern Africa.
Mr Masuku said the implementation will take time but the project is a game changer to trade in Africa. He said the COMESA court of Justice should also be empowered for the TFTA programme to be a success.
Speaking at the same workshop Rwanda chief justice and former principal judge for the COMESA court Professor Samuel Rugege said member states should effectively make use of the COMESA court of justice for the development of trade in the region through successful implementation of TFTA.
He said delays in the conclusion by domestic courts of business transactions cases have a negative impact on free trade in the region.
“Most cases that have taken so long to be concluded in domestic courts. It is unfortunate that when domestic courts are grappling with case-loads the COMESA court of
justice is free with no cases to work on.
“The clause on exhaustion of domestic of domestic remedies is affecting trade and COMESA member states should do away with it,” said Chief Justice Rugege.
“Matters to do with trade are usually ignored by domestic courts. In this case companies should be given green light to approach the COMESA court for quick judgments.”
He said the continued adherence on exhaustion of domestic remedies before any company could approach the international courts had become an obstacle to smooth movement of trade and commerce.
Chief Justice Rugege said member states should do away with the clause and map a productive way forward to ensure growth in the region.
He said the Court of Justice should also be empowered because it is going to be a cornerstone for success of the regional block’s integration efforts.
Chief Justice Rugege said like any legal system, the common market legal system needs an effective system of judicial safeguards that will maintain the integrity of COMESA.
The Court was established in 1994 under Article 7 of the COMESA Treaty as one of the organs of COMESA.
Online Reporter