Evolution of African Laws
My perspective
Ever since I can remember I knew what I wanted to be when I grew up. A lawyer. Unlike most children who shifted their aspirations over time, I stayed consistent with this dream, even when I didn’t necessarily understand what lawyers exactly do.
As I grew older, whenever I thought of what legal practice meant, the picture that came to my mind was a well-articulated, audible (read loud) litigant in a courtroom with that cool briefcase that can be dragged instead of carried because of how many files the lawyer had.
Joining law school, however, I quickly realized that litigation was definitely not for me. I found it traditional, abstract and in some ways, quite boring. But because the law in itself still intrigued me, I needed to find alternative ways to practice and apply it. This light bulb moment presented me with incredible possibilities; The newest in-your-face laws being technology and digital laws and for the most part, these aspects of the law are very new in the African context.
Contrary to popular opinion, I am not of the belief that Africa has just begun getting technologically savvy in the recent past. It has in many ways been technologically ahead especially in areas such as mathematics, metallurgy, and architecture. This is evident in pre-colonial Africa through examples such as the Egyptian architecture and numeration system; the African cultures that made detailed astronomical discoveries, the great African metal (including bronze, silver, and gold) ornaments and statues. All this had to be achieved by some form of applied technology some of which cannot be explained to this date.
The use of such technology in ancient Africa was consequently governed by certain laws (both written and unwritten) as earlier mentioned. Most of these laws governed who was to apply the technology and in some instances, when to apply it. An example in medicine is that certain families were designated as medicine men. Practices such as blacksmiths were also taught by apprenticeship, and one was not allowed to skip certain stages. These forms of technology have continued to evolve over time and have inadvertently led to the digital era of technology.
We live in an evolving world thus there is always something new and interesting coming up each day and more so in this era. The first thing that comes to one’s mind today when you say technology is computers and the internet ; since this was mainly developed in the Western world, Africa must now be the one playing catch up.
“Protest beyond the law is not a departure from democracy; it is absolutely essential to it.”
― Howard Zinn
For over 50 years, most African laws have for the most part remained as the colonial laws left behind when we got independence. It is only in the past 10 years that we are seeing the laws beginning to drastically evolve and we are finally releasing the continent from the shackles of colonial laws that do not apply to our context. This may sound like a dramatic statement; however, a good example is Kenyan finance laws which are the colonial laws applicable till now.
Africa has come a long way in law reform to catch up with the fast-paced and ever-changing culture and technology and most importantly she is now creating laws that serve her context and not just that of the Western world. Funny as it may sound, we even have a Witchcraft Act which acknowledges that it is a practice and actually seeks to regulate it. I am pretty sure you will not find such an Act outside Africa.
In most cases, playing catch up means adopting to what other people have already come up with e.g. the Digital Services Tax, which is indeed a good way to widen the tax bracket except its application to the Western world cannot apply in Africa as those laws would kill innovation and entrepreneurship and what would follow would be the collapse of the economy.
According to the World Bank, most African countries have 80% of the economy reliant on the informal sector because formal employment opportunities are few to none and therefore innovation must be encouraged and not killed.
With the digital era upon us, the legal practice is more than just knowledge of substance (and the legal maxims and jargon that lawyers use to prove they’re learned) It is now about adding value to the growing and evolving sectors of the economy. With the digitization and simplification of legal processes such as business incorporation and land conveyancing processes, lawyers now have to prove themselves by being able to embrace new areas of the law and by being innovative.
Impact Africa Network has provided a platform for my practice of the law to be more than just following processes and procedures. Instead, I find myself involved in impactful projects, for example creating a value-adding legal platform to ensure that startups are able to access legal services and information easily, in effect supporting innovation. If the law can be practised in a way that adds value to every person that it affects and is contextual to the particular circumstances or environment it is being practised, then Africa would once again be ahead.
All in all, one cannot deny that Africa has made great strides in embracing technology, digitization, and the digital economy at large. Most governments now encourage and fund the Innovation, Science and Technology branches of education and laws are being amended day by day and new ones being put in place: A great example being the Start-up Innovation Policies.
In Kenya, regulation too is evolving to capture this new sector of the economy hence coming up with frameworks such as the Capital Markets Authority Sandbox whose aim is to create a regulatory environment for the support and deployment of innovative FinTech and business models for the Kenyan market.
In conclusion, Africa and specifically Kenya despite playing this game of catch up is making great strides to embrace new technology and innovation. It is adopting new laws and creating new opportunities.
Quite frankly, I can’t wait to see what the future holds for us!
