A Quest for Harmonised Sale Law for Africa: A Comparative Analysis of Existing Harmonised Laws of Sale

Abstract

The AU Constitutive Act establishes the foundation for Africa’s integration into the global economy, with the AU committed to accelerating the objectives of the AEC. A significant milestone in achieving this goal is the establishment of the AfCFTA. However, the effectiveness of increased cross-border trade under the AfCFTA is significantly threatened by fragmented sales law in Africa due to colonial influence. This analysis seeks to identify the most suitable harmonised sales law for Africa to enhance trade efficiency by examining existing instruments with a specific focus on its legislative history, provisions on the sale of goods, interpretational and institutional challenges. It examines key aspects and challenges of the CISG, draws lessons from the UCC and regional integration mechanisms, including OHADA and the EU. Findings suggest that while the CISG provides a globally recognised framework, its adoption in Africa remains limited due to political and economic considerations. The UCC presents a successful model for domestic legal harmonisation, offering key insights into how regional sales law in Africa could be structured and successfully adopted. The EU approach highlights the importance of balancing legal certainty with flexibility. The study further argues that a legal framework with direct effect could facilitate a more efficient harmonisation process. Due to significant resource constraints in Africa, it is argued that the existing framework of OHADA should be utilised whereby African nations join OHADA for the harmonisation of their business laws. It is proposed that Book VIII of the OUAGCL which is already influenced by the CISG, could serve as a foundation for a continental sales law framework. However, to be effectively applied across the AU, this act would require further development, including the incorporation of hardship provisions and a broader African perspective. The research also contends that existing scepticism surrounding OHADA— particularly its perceived francophone influence—could be mitigated through targeted amendments to the OHADA Treaty and Uniform Acts, thereby fostering broader continental acceptance. Revitalising OHADA as a pan-African legal project could secure the necessary funding to strengthen its institutions and promote legal certainty. Ultimately, this analysis advocates for a tailored African sales law framework, integrating international best practices with regional economic realities to create a Harmonised Sale Law for Africa and enhance trade efficiency under the AfCFTA.