1. The Vehicle Load Management Initiative: Legal Background
Tripartite (COMESA-EAC-SADC) Workshop and Senior Officials’ Meeting November 2014

2. Monist vs Dualist Legal Systems
French Law (Francophone African countries)
International agreements may be self-executing
Ratification may be done by Head of State or Cabinet
Steps usually needed: Signature, Ratification and publication
English ( Anglophone African countries)
International Agreements not self-executing
Ratification mostly be Legislature
Steps usually needed: signature, ratification, statute

3. Monist vs Dualist Continued
Francophone
Rule of reciprocity: agreement only enforceable if the other country ratifies and enforces
International Law supersedes national law
Anglophone
No reciprocity rule
National law supersedes international law

4. African Examples of Convergence of Monist and Dualist Systems
Nigeria ( Anglophone) : Only agreements that changes the Nigerian law have to be incorporated by law into the Nigerian legislation
DRC ( Francophone): those agreements which amend legislative provisions, those which relate to the status of individuals, or those which entail the exchange and addition of territory may only be approved or ratified by virtue of a law.
(article 214 of DRC Constitution)

5. Conclusion
“A treaty, even after it has become part of the law of the land after ratification and even when, as a convention, it borrows from the nature of a law, remains a contract and must be interpreted as such.”
– Jean Gros-Didier Maton,
SSATP Working paper No 73

6. Way Forward Validation Workshop Signature In-country Ratify MOU
Develop Country Strategy
Amend/ Substitute current overload legislation
Establish relevant institution/s
Appoint relevant persons
Procure relevant equipment, ICT and fixed assets

7. Latamus Legal Consultants
THANK YOU
Adv Janette Botha
Latamus Legal Consultants