With the East African common market protocol coming into play soon, the East African Law Society (EALS) is set to play an important role within the integration process of the member states.

President Kagame and Minister of the East African Community Monique Mukaruriza at the EALS conference. (photo Timothy Kisambira)

President Paul Kagame highlighted the role of EALS in promoting business and economic development by creating an environment that can make the EAC have a competitive advantage and attract investments.

“We need to strengthen the economic legal infrastructure to meet our aspirations,” Kagame remarked.

The legal economic infrastructure, Kagame said, would put in place laws that cater for issues such as property rights and enforcement of contracts.

He however warned that more laws does not mean effective justice if institutions such as enforcement and administration agencies aren’t up to the task.

“Justice can be deemed effective if there is clarity, accessibility, reliability and transparency of the laws,” Kagame said.

Kagame further highlighted challenges faced by the EAC before a world class legal economic infrastructure can be achieved. He pointed at internal issues in member states which include: inadequate legal institutions, unqualified professional as well as the ethics and integrity of the professionals.

On top of that, the harmonization and alignment of the laws also pose a challenge. While Kenya, Uganda and Tanzania use common law, and Rwanda is moving rapidly from the use of civil law into common law, there is still some way to go.

For instance, with the implementation of the common market expected in seven months from now, law practitioners especially in Rwanda and Burundi need to familiarize themselves with the common law unto which they will be practicing.

In this regard, EALS has embarked on a common law education (CLE) program both in Rwanda and Burundi. In this case, aspects of the common law are taught so as to help the fraternity become familiar with it.

As regards the professional practice as covered within the common market protocol, lawyers will be free to practice any where they want within the members states. “There should be in place regional codes of professional ethics and sanctioning bodies that could issue punitive measures if lawyers don’t abide professional ethics,” Kagame pointed out.

Considering the broader public service, Kagame indicated the need to elevate and benchmark reforms to the international standards.

He championed radical reforms of doing business within EAC saying that they played a central role to making the region competent, attract sophisticated investments and advance the living standards of the EAC population.

The role of EALS within the EAC integration has been advisory on matters regarding the law. According to Alan Shonubi, the president of EALS, one of the achievements by EALS in its advisory role has been to help the EAC come up with variable geometry.

This is a principle that governs communities where an activity can go on if a consensus is not reached because one member disagrees. For example, the United Kingdom is a member of the European Union, yet it uses Sterling Pounds as its monetary unit rather than the Euro.

Variable geometry has played an important role towards the EAC integration process. It has helped member states go on with signing the common market protocol despite Tanzania’s disagreement on issues such as right of establishment and the use of identity cards.

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