THE PROGRESS OF ESTABLISHING JUDICIAL COURT FOR COMMERCIAL MATTERS:

The establishment of the Commercial Court as a division of the High Court was gazetted in 2017, and there are measures and mechanisms which still need to be put in place to activate operations in this Court. This is being done to curb the backlog and to be in line with the efforts to make reforms which promote the ‘ease of doing business’ which is a policy aimed at improving the economic standing of the country.

This introduction is necessary as the courts have been hampered with commercial disputes which are not resolved expeditiously. Consequently, business operations are slowed down to an indefinite standstill with pending issues given the existing backlog. Investors want to be assured that their investments are protected adequately by the law and the establishment of a court to deal strictly with commercial matters. The international best practice is to have a Commercial Court as seen in other jurisdictions, which has led to better ratings of their countries by the World Bank. The World Bank depicts an effective commercial arbitration regime as being key for foreign investors. This is due to the fact that the system is tailored to their disputes, mitigating risks due to the provision of legal certainty in relation to enforcing rights, due process and increased access to justice.

The establishment of a Commercial Court will give the country a competitive advantage, ensuring the facilitation of speedy resolutions of business disputes. The first feature is the provision of a sound, generally applicable and open legal framework for all commercial cases.  This process is fast and minimizes costs, and will be able to deliver good justice for the business community with transparency, fairness, consistency and independence. It is thereby important to establish market confidence through the court, through giving access to a sound system to resolve disputes together with the enforcement of contracts. Debts and damages will essentially be paid where this is required by justice.

It is essential that the justice system keep up with changing business practices and business needs. This will enable the streamlining of court procedures towards achieving fast arbitration services and a design which ensures that the disputes are dealt with quickly and efficiently. This Court is set to be operational during the course of this year and it will shorten the time period in which a case will be disposed of.