President of the Cameroon Bar Association calls on striking Common Law Lawyers to call-off their action

The President of the Cameroon Bar Association, Barrister Ngnie Kamga Jackson has called on striking Common Law Lawyers to call-off their action . Ngnie Kamga said in a press release made public on Thursday, October 20 that he has already initiated steps and seized OHADA headquarters for the OHADA texts to be translated into English Language.

The translation of the OHADA Uniform Act into English Language amongst other issues has been one of the main grievances posited by Anglophone lawyers as reasons for the current strike action that has led them to hang their robes for almost two weeks now.
The strike action was extended indefinitely on Thursday, October 20, 2016 after government gave a deaf ear to their protest.

The Bar President has stepped in with the promise of an imminent translated text that might quell the flaring tempers of the Common Law Lawyers.
“I ask all Colleagues practising in the South-West and North-West Regions to stand down the strike action of the hanging of robes, as we await the availability of the translated English versions of the OHADA texts”. The release reads in parts.
On the instructions of Professor Cossi Dorothé SOSSA, The Permanent Secretary of OHADA, Ngnie Kamga is also expected to designate an Anglophone Advocate, who has wide experience in legal practice and well known linguistic competences, to participate in the working sessions as a Representative of the Bar Association within the Commission that will be in charge of the translation.

The commission shall be in charge of the validation and officialising of the translated English versions of the OHADA texts proposed by the Foundation for the Unification of Business Law in Africa (FOUBLA), based in the United States of America. This shall be financed by the Improved Invest Climate within OHADA supported by the World Bank.

It should be recalled that the appointments of Francophone magistrates in Common Law courts was the immediate cause for the All Anglophone Lawyers Conference that took place in Bamenda in May 2015. According to the lawyers, the most cherished Common Law system practiced in the North West and South West Regions was gradually been eroded with magistrates delivering their submissions in the French language which the lawyers consider as a big injustice to their clients
The lawyers then addressed to the Head of State, President Paul Biya in his capacity as head of the judiciary, head of the executive and principal initiator of legislation in both legislative houses. According to the communique, a copy which THE SUN procured, the Anglophone lawyers draw the attention of the Head of State to the fact that, for over two years since he was served the resolutions arrived at during the Bamenda inaugural conference of the Cameroon Common Law Lawyers that took place on May 9, 2015 and the that of Buea on Febuary,13, 2016, regarding the erosion of the most cherished Common Law in Cameroon by the powers that be, wherein a six months ultimatum was given to the Yaounde regime to, amongst others, return to a federal system of government as was the case before 1972, the lawyers are still to receive even an acknowledgment of receipt to that effect.

In the said communiqué, the lawyers equally state that recently some members, in an attempt to exercise their constitutional rights of freedom of expression through the medium of a press conference, were stifled with administrative bans and police harassments. Moreover, the lawyers observed that after carefully reviewing the attitude of government towards all the complaints of Common Law Lawyers over the erosion of the Common Law in Cameroon as manifest in the Organisation of Business Law In Africa, OHADA legislation, the Insurance Legislation, CODE CIMA and virtually every other piece of legislation since 1972, they have no other choice but to express their vexations to the Head of State through the memo and announce their one week sit-down strike action which was later extended indefinitely .

In the communiqué, the lawyers called on the Head of State to convene an emergency session of the Higher Judicial Council and redeploy all Civil Law Magistrates away from the Common Law Jurisdictions of the North West and South West Regions and to equally redeploy all Common Law Magistrates from the Civil Law Jurisdictions to the Common Law Jurisdictions.

The lawyers noted with regret that the Government instead of responding to their demands is still employing its traditional policy of divide and rule. Consequently, they called on their members to remain resolute, determined, steadfast and focus and not to lend themselves to any Government manipulation.

It is still to be seen whether the Common Law Lawyers will heed to the call of the Bar president since some of their demands are seemingly being met.

A meeting of Fako Lawyers Association FAKLA exco has been announced for today Monday, October 24 at Justice Ntoko’s chambers to chart the way forward. It should however be noted that they are just one of the four signatories to the strike action.

Bar Council President’s Full Release

The President of the Cameroon Bar Association
HEREBY REMINDS all Advocates that since the month of May 2016, he took official steps by written requests to the OHADA headquarters in a bid to acquire the translation of the Revised Uniform Acts into the English language.
HEREBY INFORMS them that he has just received a letter from the Permanent Secretary of OHADA, with the following contents:
“Yaoundé, 20th October 2016
The Permanent Secretary
To the
President of the Cameroon Bar Association
Yaoundé, Cameroon
N°660/SP/OHADA/2016
Subject: Designation of a Representative of the Cameroon Bar Association at the Commission for the Validation/Officialising of the Translated English Versions of the OHADA Texts carried out by the FOUBLA Foundation from the United States of America.
Dear President of the Bar and Learned Colleague,
It is with honour that I announce to you that, within the framework of the putting in place of its multilingual policy, OHADA shall organise working sessions for the validation and officialising of the translated English versions of its texts proposed by the Foundation for the Unification of Business Law in Africa (FOUBLA), based in the United States of America. This shall be financed by the Improved Invest Climate within OHADA supported by the World Bank.
OHADA wishes to associate the different stakeholders, including the Cameroon Bar Association to this activity.
I would appreciate, if you designate an Anglophone Advocate, who has wide experience in legal practice and well known linguistic competences, to participate in the working sessions as a Representative of the Bar Association within the Commission.
The mission of the Commission is related to the validation of the different English versions of the texts proposed and translated by FOUBLA. In carrying out of this mission, the duty of the Commission will be to ensure that the proposed translations shall, in the best possible manner meet the spirit and letter of the original texts. The translated versions should also be able to facilitate the comprehension, interpretation and application of the texts by the Anglophone public. The Commission should ensure that the terminology and style are convenient.
Dear Bar President and Learned Colleague, while awaiting your response, accept my distinguished regards.

Professor Cossi Dorothé SOSSA, The Permanent Secretary of OHADA
HEREBY STATES that this is a significant advance in the issue of translation which preoccupies all of us and indicates that he shall designate a Common Law Advocate, who shall represent the Cameroon Bar Association at the Commission for the Validation/Officialising of texts at OHADA
CONSEQUENTLY ASKS all Colleagues practising in the South-West and North-West Regions to stand down the strike action of the hanging of robes, as we await the availability of the translated English versions of the OHADA texts.
Done at Yaoundé this 21st day of October 2016
The Bar President
Barrister NGNIE KAMGA Jackson