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Monthly Archives: March 2015

The future of e commerce in Africa, by Chofor Che


On the 24th of May to the 5th of June 2015, Tunisia will be hosting a conference on the importance of the internet, especially in doing business in Africa. It happens that Africa especially states in the Central African region have not adequately taken advantage of opportunities offered to them by the internet especially in e commerce and doing business online. Why is Africa still lagging behind in the e commerce sector? Is it a problem of inadequacy of legislation governing the sector? Is it a problem of inadequate infrastructure? Is it a problem of the actors involved in the sector?

A report was aired over the TV channel, Africa 24 on the 6th of March 2015 during which the Director of the group named World Wide Worx attested that poor infrastructure remains a disturbing factor contributing to the continent’s lagging behind in the e commerce sector. According to Director General of Jumia, Nigeria, Fatoumatou Bah of Sengal, distribution of internet devices remains low, thus those in need of the services which will make them partake actively in e commerce do not have access to these facilities. According to Fatoumatou, there is just 40 percent penetration access to internet in Kenya. In the whole of Africa the penetration is just 7 percent.

Government bureaucracy has equally led a lot of corruption in the e commerce sector. Most African states do not have adequate constitutional and legislative protection for investors and consumers in the e commerce sector. With such a scenario it is difficult to guarantee investors that their interests will be protected. In this same regard in an eventuality of conflict of interest between investors and consumers in the e commerce sector, there remain inadequate protective and preventive measures for both parties.

African states have not done enough to bring on board private actors into the sector. Apart from states like South Africa that give private actors the importance they deserve as equal investors and partners in e commerce, private actors in other states are considered more as secondary and tertiary actors while big governments remain the primary actors in the sector.

Cyber criminality remains a great cankerworm in the e commerce sector. Scammers keep on developing sophisticated methods to hack into accounts and online transactions. The continent is still to boast of adequate experts who can assist states in curbing the ills of cyber criminality, thus furnishing safety nets for online transactions especially the use of credit cards for effecting payments.

There equally remains the problem of accessing concrete information on the portfolio of online business persons. This puts consumers in a fix especially as transparency remains an issue. With such loop holes, e commerce will remain timid on the continent.

African states need to therefore do more to bring on board private actors into the e commerce sector. There is no gain saying that states in the Central African Region like Cameroon, Chad, the Central African Republic and Gabon lag behind in encouraging state and private sector partnerships in the e commerce sector. This position is corroborated by the World Bank’s Doing Business Report of 2014. States especially in the Central African region like Cameroon, Chad and Gabon thus need to give more importance to private actors as primary actors and not secondary and tertiary actors as is the case. Additionally, there is equally the need to curb government bureaucracy which would definitely curb corruption in the e commerce sector.

Most African states need to also have adequate legislation with respect to the e commerce sector. State constitutions in Africa as well as legislation need to be clear on protective measures for consumers and investors in the e commerce sector. With such constitutional and legislative protection the interests of both consumers and investors will be guaranteed. Constitutional and legislative protections will also go a long way to solve issues evolving around conflict of interest between investors and consumers in the e commerce sector.

African states need to give more attention to training experts in cyber criminality. Apart from having a pool of experts in cyber criminality it is equally important to train forces of law and order, administrative officers, magistrates and lawyers on cyber criminality. The availability of experts in cyber criminality will go a long way to assist states in curbing the ills of cyber criminality, thus furnishing safety nets for online transactions especially the use of credit cards for effecting payments.

The state needs to equally partner with the private sector to verify online information of both investors and consumers in the e commerce sector. This will go a long way to strengthen transparency in the e commerce sector.

Chofor Che is an integral part of the Africanliberty’s Voice of Liberty initiative. He is also an analyst at LibreAfrique.org and Audace Institute Afrique . This article was originally published at LibreAfrique.org on 27 March 2015. He is also blogs at https://choforche.wordpress.com/

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Posted by on March 28, 2015 in Africa Development

 

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Challenges of a creation of an African Court of Justice and Human Rights, by Chofor Che, originally published in French at LibreAfrique.org, 2 March 2015


The African Union (AU) in an early 2015 historical summit with minsters of AU countries reechoed the desire for the creation of an African Court of Justice and Human Rights (African Court of Justice). This was after a lot of contestation with respect to the bias role the International Criminal Court (ICC) has played in judging Africans leaders especially. According to a report by Voice of Nigeria dated February, 03, 2015, during the above mentioned AU summit in Addis Ababa, President Uhuru Kenyatta of Kenya, who was one of the first Head of State to sign the Malabo protocol establishing the new African Court of Justice, was of the view that the proposed African Court of Justice was here to stay and announced that Kenya was going to contribute 1 million U.S. dollars for the African Court of Justice to go operational. The creation of the African Court of Justice brings to mind several concerns. Now that Africa is composed of several states with varying judicial practices, what legal system will the African Court of Justice opt for in her judgments? How are the judges for this court going to be selected and will these judges be independent and impartial from the whims and caprices especially of African Head of States? Are all member states going to support the running of this court financially or will the court depend on foreign aid as several regional bodies on the continent?

11 African states including Kenya have already signed the protocol on the creation of the African Court of Justice to look into criminal cases referred to the ICC. This revelation was made known to Voice of Nigeria during an interview in Nairobi by Nigerian Cabinet Secretary for Foreign Affairs, Amina Mohamed. In actual fact, 14 states are supposed to sign the above mentioned protocol for the African Court of Justice to go operational. Kenya has sworn to lobby more African states to sign this protocol on the creation of the African Court of Justice. According to the above mentioned report by Voice of Nigeria, Kenyan President purports that the establishment of the African Court of Justice will put in place a wider African transitional justice police framework.

There is no gainsaying that the African Court of Justice will have to grapple with the application of justice which flows from several legal systems especially civil law and common law. Africa is composed of states with varying legal systems when it comes to justice especially in adjudicating over crimes against humanity.

Experience has shown that the judiciary in Africa is still not adequately independent. Judges are still appointed by Head of States. Even at the regional level judges especially at the African Court on Human and Peoples’ Rights are endorsed by their Head of States. This in actual fact remains an aberration to the independence and Impartiality of decisions on the continent and obviously with respect to the envisaged African Court of Justice. Some analysts argue that the African Court of Justice may be a medium for the impunity of African Head of States and statesmen. These analysts also argue that because of the inadequate independence and impartiality of judges at the African Court of Justice, African leaders will continue to unconstitutionally modify state Constitutions so as to remain in power.

The continent already boasts of an African Commission on Human and Peoples’ Rights. The continent also boasts of an African Court on Human and Peoples’ Rights amongst several regional judicial institutions. There is a tendency that the creation of the African Court of Justice will emanate to the duplicity of tasks with respect to judging crimes against humanity.

African leaders have not been able to adequately finance the AU and her institutions. The AU for instance depends greatly on foreign aid which makes the operation of affairs of this institution dependent on the West. Although Kenya has pledged to finance the African Court of Justice with 1 million US$, this institution will in the long run also depend on foreign assistance just like the AU. Decisions of this judicial body will thus be wanting.
There is equally a tendency for the continent to be isolated in an époque of globalisation. The creation of the African Court of Justice should not be a leeway for the continent not to partake in world affairs especially doing business with the West.

If African Head of States want just a Court of Justice which mirrors domestic courts which are currently mired with inadequate independence and impartiality, then this new judicial institution would just be a way of escaping from international justice and will defeat the purpose of its creation. The African Court of Justice needs to be adequately independent and impartial. This judicial institution needs to be financially independent. This judicial institution needs to also be able to judge African Head of States without fear or favour especially those who continue to unconstitutionally manipulate state constitutions.

 
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Posted by on March 4, 2015 in African Union

 

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