Commercial law reform and Legislative drafting

From the drafting of commercial laws and the development of systems for effective resolution of commercial disputes to enhanced mechanisms for procurement and harmonisation of laws across regional blocs, ILI-ACLE has made notable contribution to commercial law reform through various commercial law reform training across the sub-Saharan African region.

Selection of Partners

  • Central Bank of Lesotho
  • COMESA
  • DFID
  • East African Association of Anti-Corruption Authorities
  • East African Community
  • East African Court of Justice
  • European Union
  • Institute of Legal Practice and Development, Rwanda
  • Judiciary of Lesotho
  • Ministry of Finance and Economic Planning, Rwanda
  • Ministry of Justice, Rwanda
  • Parliamentary Service Commission, Kenya
  • State Law Office, Kenya
  • Uganda Local Authorities Association
  • UNCTAD
  • UNDP
  • USAID
  • World Bank

Selection of Highlights

  • Drafted 16 commercial laws (submitted in English and French)
  • Conducted a regional study towards harmonization of legal education, training and practice across the five EAC partner states
  • Drafted the COMESA Procurement Directive
  • Supporting COMESA member states in harmonizing their procurement legislation, developing a training curriculum and conducting national training workshops across the COMESA member states
  • Designed and implemented training for the commercial court divisions in Uganda, Rwanda and Lesotho

Selection of Participating Countries

  • Ethiopia
  • Kenya
  • Lesotho
  • Rwanda
  • Sudan
  • Uganda
  • Zambia
  • All other COMESA Member States

A selection of ILI-ACLE’s experience in commercial law reform is highlighted below in the following sections:

  1. Drafting laws, policy and strategy/capacity building
  2. Judicial systems and commercial law
  3. Regional harmonization and trade

1. Drafting Laws, Policy and Strategy/ Capacity Building

ILI-ACLE has experience both in the drafting of legislation itself (in both French and English), as well as in capacity building. Annually, we hold two- and three-week certificate programmes and a nine-week and condensed four- and six-week diploma programmes in Legislative Drafting for public and private sector professionals from across the region. Our centre was the first in Africa to offer a Diploma in Legislative Drafting to support a cadre of African professionals with expertise in the field. Additionally, we have been instrumental in contributing towards the development of the legislative framework in Rwanda, drafting 16 of its commercial laws towards economic recovery and prosperity.

ILI-ACLE’s selected experience in Drafting laws, Policy and Strategy & Capacity building is set forth below:

2.  Judicial Systems and Commercial Law

In addition to providing commercial law reform training, ILI-ACLE also provides technical advice and supports the effective resolution of commercial disputes – including working with commercial courts. ILI-ACLE’s experience is provided below:

ILI-ACLE’s selected experience in Judicial Systems and Commercial Law is set forth below:

3. Regional Harmonisation and Trade

Since its inception, ILI-ACLE has supported and witnessed increased regional integration and trade. ILI-ACLE is acknowledged as a regional stakeholder in the harmonization efforts towards realization of the East African Community (EAC) Common Market Protocol (CMP)—including in the area of legal harmonization through its regional study on the harmonization of legal education, training and practices in East Africa.  The Institute has partnered with institutions such as the East African Court of Justice, the East African Association of Anti-Corruption Authorities and others working at a regional level. Additionally, ILI-ACLE was engaged in an extensive procurement reform and harmonization effort under the Common Market for Eastern and Southern Africa (COMESA) – first by developing a groundbreaking harmonised procurement directive, endorsed by the COMESA Council of Ministers, supporting member states in harmonizing their procurement legislation, and thereafter by developing a training curriculum and conducting national training workshops across the COMESA member states. ILI-ACLE’s experience in regional harmonization and trade are detailed below:

ILI-ACLE’s selected experience in Regional Harmonisation and Trade is set forth below:

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