INTRODUCTION
1 The Southern African Development Co-ordinating Conference (SADCC) was established in 1980. The SADCC became the Southern African Development Community (SADC) in 1992 [Angola, Botswana, Comoros, Democratic Republic of Congo, Eswatini, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Tanzania, Zambia and Zimbabwe] (South Africa joined SADC in 1994);
2 AfCFTA is not just a free trade agreement; it is a vehicle for Africa’s economic transformation. Through its various protocols, it would facilitate the movement of persons and labour, competition, investment and intellectual property. The AfCFTA is beyond a trade liberalizing instrument. It is an enabler of inclusive growth and sustainable development in Africa.
3 The role of legal practitioners (nationally or regionally) in either the regional integration initiative or AfCFTA has been either minimal or non-existent. Yet the legal effect of regional integration initiative and AfCFTA on each and every person living in the region is enormous. Lamenting will not change anything. Maintaining status quo will also not change anything.
4 No commercial transaction is concluded without legal implication(s), no human activities is carried out that does not have a legal effect. As this is so, why is that practising legal practitioners are not meaningfully involved in either regional integration initiative or the implementation of the AfCFTA.
5 The region lacks regional legal regulatory institution that will not only play a meaningful role in the regional integration initiative but also in making but also implementation of AfCFTA. A regional body has the potential to
5.1 galvanise legal practitioners;
5.2 eliminate mistrust among legal practitioners;
5.3 create awareness of the potential advantages and opportunities brought by regional integration initiative and AfCFTA;
5.4 unify legal practitioners and remove stereotyping;
5.5 create formidable market players that can compete with the best in the world and do so anywhere in the world.
6 Achieving economies of scale through acting under a regional body will enable us to have competitive edge in the provision of legal services across the region and beyond.
7 We have not been able to leverage our diversity. Instead, the purported differences among us have been magnified to an extent that we were paralysed. This has to change. Integration initiative and AfCFTA implementation will minimise the paralysing effect of purported differences.
PRPOSED PRACTICAL STEPS
Steering Committee
8 In order to play a meaningful role at regional level, there is a need for two regional bodies, namely a regional legal body and a regional legal regulatory body;
8.1 SADC-LA as a regional legal organisation is well placed to guide and lead on the role of legal practitioners in the regional integration initiative and implementation of AfCFTA; and
8.2 There is, however, no regional legal regulatory body.
9 Further, SADC-LA, whilst a voluntary body, still has to be formally recognised by each and every SADC member state as a representative legal body in the region. We need to move with speed to engage various member states legal bodies to achieve recognition. National legislation should recognise SADC-LA as a such.
10 SADC-LA should also establish a team to workshop the AfCFTA and to engage the AU to ascertain its role in the implementation of AfCFTA. At the same time SADC-LA should be engaging member states on implementation of the AfCFTA.
11 We also need to engage regulatory bodies of member states on the issue of creation of a regional legal body. Doing so will ensure that legal practitioners are held to account in whatever jurisdiction they may be practising at. This regional regulatory body will deal with issues pertaining to harmonisation of legal practitioners’ legislation, recognition of education and admission into the profession, common roll of practitioners, seniority, requirements for practicing in different jurisdictions, etc.
We also need to engage with the judiciary in order to facilitate harmonisation of court process whilst acknowledging that there will be court processes that will be distinguishable in various jurisdiction. Basic directive and court practice manuals can be harmonised.
RISKS AND FEARS
12 It is inevitable that some legal practitioners will be fearful and may perceive risks with respect to integration and implementation of AfCFTA. Perception is reality. SADC-LA has to empower and capacitate legal practitioners. This can be done through SADC-LA engagements with legal practitioners.
13 Change (regional integration initiative and AfCFTA implementation) will result in advancement of common good in the region. The potential of opportunities brought by the change far outweigh perceived risks and fears.
CONCLCUSION
14 Intercontinental trade and free movement of people within the Continent and beyond is not a new concept. Our forefathers did it. We seeking to do same in a different world order. The only way we can have a positive influence in Africa, is through unity in action. We need to create institutions that will live beyond the creators. This is our time!!!
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