فاس نيوز ميديا جريدة الكترونية جهوية تعنى بشؤون و أخبار جهة فاس مكناس – متجددة على مدار الساعة
On Monday, Minister of Justice Abdellatif Ouahbi affirmed that the current state of the Commercial Code constitutes a major obstacle to the development of commerce in Morocco, emphasizing the urgent need for deep reforms to modernize the legal framework.
During his response to oral questions in the House of Representatives, Ouahbi explained that his ministry has begun a partial revision of the Commercial Code, focusing particularly on legislation related to checks. However, he stressed the importance of reviewing other texts, especially those concerning companies in financial distress.
The minister pointed out the illogicality of applying the same legal procedures to a company with a capital of 100 billion dirhams and a small business with a capital of 100 dirhams when both face financial difficulties. He argued that this imbalance contributes to court congestion with cases related to tax evasion and unpaid debts, calling for a swift and thorough reform of the legal framework.
Obsolete Commercial Code
Ouahbi described the urgent need to overhaul the procedures governing companies in distress. He criticized the uniform application of procedures under Chapter V, which deals with company recovery or judicial liquidation, regardless of the size or capital of the company. This, he said, leads to commercial courts being overwhelmed with cases, some involving tax evasion or secondary debts.
“It is not reasonable for the same procedure to apply to all companies without distinction,” he stated, underscoring the necessity to adapt legal mechanisms to economic realities.
The minister also announced the finalization of a draft decree regulating the status of the judicial trustee (syndic judiciaire), explaining that the text aims to clarify its roles, competencies, and areas of intervention. The decree will be presented at the upcoming government council meeting.
He concluded by affirming that the current form of the Commercial Code is a barrier to the Kingdom’s commercial development.
Ouahbi Defends “Honest” Elected Officials
In response to another question regarding legal responsibilities in local government management, the Minister of Justice reiterated his support for municipal presidents who, while not involved in corruption, may make good-faith administrative errors.
“I never think of the corrupt because their fate is in the hands of justice and the state. What worries me is the situation of the honest, serious elected official who makes mistakes in judgment,” he said.
The minister warned against the abusive generalization that labels all elected officials as corrupt, stating that such perceptions undermine trust and plunge local officials into a climate of uncertainty and paralysis.
“If a person commits a procedural error without embezzling public funds, why should they be criminally prosecuted?” he questioned, calling for collective responsibility to protect honest elected officials who continue to perform their duties with sincerity and integrity despite administrative constraints and fears of unjust criminalization.
This stance reflects the Minister of Justice’s commitment to updating the commercial legal framework in line with Moroccan market needs and protecting elected officials who act with integrity amid significant administrative and judicial challenges.
