Africa Legal | News

Supporting the deals that power Africa’s future

Africa’s energy sector is at a pivotal point, with transformative projects reshaping its landscape. A prime example is the recent transaction involving Maamba Energy Limited, which primarily centred around securing financing for its ambitious Phase II Project in Zambia.

Modern IP laws needed to curb digital piracy

One of the biggest threats to intellectual property (IP) owners in Africa is the emergence of social media. With traditional laws lagging in the digital landscape, lawyers are suggesting ways to close this loophole, writes Pelumi Abdul.

Ruto administration secures revenue streams

Kenya’s government spending has been saved from collapse after the Supreme Court overturned a decision by the Court of Appeal that nullified the Finance Act, 2023, writes Paul Ogemba.

Lawlessness and injustice prevent African integration

Speaking at the third SADC Law Seminar, held at the University of Fort Hare, South Africa’s Minister of Justice and Constitutional Development, Thembi Simelane, urged lawyers to take an active role in imagining and building a better Africa, and called for the Pan African Parliament to be strengthened.

Nigeria’s windfall tax: Economic stability or hardship?

There has been uproar and concern, particularly in the Nigerian banking sector, since Nigeria’s parliament passed the Finance Amendment Bill of 2024, which will see the introduction of a huge one-off windfall tax.

Tax on financial derivatives a no-go in Kenya

A decision by the Kenyan government to impose 15% tax on money gained through financial derivatives has been quashed by the High Court, writes Paul Ogemba.

2024 ESG Africa Conference prepares for liftoff

Environmental, social and governance (ESG) requirements provide countless opportunities – and challenges – for businesses. The 2024 ESG Africa Conference will provide a smorgasbord of talks, workshops and panel discussions for in-house lawyers and business leaders to learn from.

Rerouted ships put Africa’s MARPOL commitments to the test

In the first three months after the start of the Houthi attacks and counter strikes on commercial ships transiting through the Red Sea in November 2023, ports in Africa witnessed a 70% increase in traffic volumes. Pelumi Abdul reports on some of the implications.

Africa Legal: Charting a new course for neutrality and inclusivity

As Africa Legal continues to grow alongside the dynamic legal community we are privileged to serve, it is important for us to constantly reevaluate our engagements and partnerships.

Win for Kenyan dual citizens

Kenyans with dual citizenship will no longer be punished as though guilty of a criminal offence for failing to disclose the change of their citizenship status, writes Paul Ogemba.

Arbitra bolsters energy arbitrator offering

Arbitra, a leading international arbitration and mediation service provider, celebrated its third birthday in July and took the opportunity to announce the addition of Ana Stanič to its roster of arbitrators and mediators, and the transition of Lara Hammoud to full independence.

Loss of a legal giant

Tributes have poured in for legal giant, Sternford Moyo, senior partner and chairman of Scanlen & Holderness in Zimbabwe, after his passing on 5 July 2024.

Priyesh Daya appointed to ICC Court of Arbitration

Priyesh Daya, a partner at Webber Wentzel, a leading law firm in South Africa, was recently appointed as a member of the International Chamber of Commerce’s (ICC) International Court of Arbitration, for a three-year term commencing on 1 July 2024.

Pushback against DRC reintroduction of death penalty

The Democratic Republic of Congo’s (DRC) National Human Rights Commission has called for a reform of the country’s penal system in the face of the moratorium on the death penalty being lifted, writes Frédéric Feruzi.

A tribute to Professor Dr. Michael Dale

It is with deep sorrow that Norton Rose Fulbright South Africa announces the passing of Professor Dr. Michael Dale.

Spotlight on mining and energy in Guinea

African Weekend on Mining and Energy Law (WADME) will be held in Conakry (Guinea) on 10, 11 and 12 May. WADME is well known as a gathering where legal experts, along with mining and energy executives, convene to discuss possible solutions and exchange best practices concerning legal challenges facing mining and energy projects in Africa.

Ethiopia opens the doors to foreign investors

Ethiopia is embracing a significant shift in its investment landscape, judging by a new policy directive permitting foreign investors access to sectors of the economy that were previously out of bounds. Mekdes Mezgebu of Mekdes & Associates unpacks the implications.

Life sentences unconstitutional in Kenya

The push to outlaw life sentences in Kenya has gathered momentum following a decision by the High Court declaring them unconstitutional, writes Paul Ogemba.

Promoting community service over jail time

In Mubembe District, Central Uganda, Justice Defenders holds massive awareness sessions in and out of the local prison to empower the community with legal knowledge, and campaigns for alternatives to incarceration. Paul Ogemba found out more.

Calls for compensation for sexual violence victims in DRC

Sexual violence against women has been increasing in the Democratic Republic of the Congo (DRC) over the last 30 years, with the ongoing war driving this scourge. Frédéric Feruzi reports on new calls for compensation for these victims.

Proactive fintech regulations needed in Africa

Despite disruptions in the global market, financial technology (fintech) industries are booming in Africa. Regulatory processes are following hot on their heels, bringing fresh challenges to the African fintech ecosystem, writes Pelumi Abdul.

Navigating Nigeria’s complex investment terrain

Nigeria has made significant strides in leveraging technology to foster economic growth and streamline the legal framework for investments. A recent workshop hosted by Stren & Blan Partners offered a platform for in-depth discussions on Nigeria’s economic and legal landscape.

Power couple with a difference

One of the most valuable things anyone can do for themselves is undertake some form of continuous learning, and helping facilitate this training is one of the aims of 3VB’s International Advisory and Dispute Resolution Unit (IADRU).

Arbitration in Namibia lagging behind

Namibia has a number of big projects looming in the energy space, but arbitration invariably follows close on the heels of such commercial schemes, and the general consensus is that Namibia is weak in the arbitration sphere, writes Fedden Mukwata.

Count her in: Gender equality in the workplace

Despite the strides that have already been taken, there still needs to be a cultural shift within legal workplaces to eradicate toxic elements and foster inclusivity, writes Annie Dorasamy.

Commonwealth law ministers address legal tech developments

Law ministers from across the Commonwealth have agreed to work closer together to harness the full potential of emerging new technologies, including artificial intelligence, in delivering justice solutions for mutual benefit, writes Kaijage Robert.

Balancing legal requirements and fair justice

Tanzania’s formal justice dispensation system has come under intense scrutiny in recent months over its harsh handling of the case of a destitute widow found in possession of antelope meat, writes Kaijage Robert.

Death penalty vs right of life in the DRC

The Democratic Republic of the Congo’s (DRC) High Council of Defense has stirred up a hornet’s nest by requesting the death penalty be reinstated, writes Frédéric Feruzi.

Tanzania’s court system goes for AI solutions

Tanzania's judiciary has become one of the first in Africa to embrace artificial intelligence (AI) technology full-scale in its plans to speed up court processes and improve efficiency in dealing with case backlogs, writes Kaijage Robert.

Powerboost for Kenya’s Labour Relations Court

Kenya’s Employment and Labour Relations Court has had its powers clarified after the Supreme Court declared that it has jurisdiction to determine the constitutional validity of certain statutes, writes Paul Ogemba.

Cross-border disputes a challenge for AfCFTA

Although 47 African states have now ratified the African Continental Free Trade Area (AfCFTA) Agreement, many challenges still lie ahead, particularly for private parties with disputes, writes Pelumi Abdul.

Jail terms for LGBTQ+ advocates in Ghana

Ghana’s parliament has approved custodial sentences ranging from three to five years for individuals supporting LGBTQ+ activities, writes Marian Ansah.

UK Government and Africa Legal: Capitalising on the value of local co-counsel

As the GREAT Legal Services campaign and Africa Legal visit to East Africa draws closer, Nairobi-based international arbitration expert and delegate Ellen-Louise Moens spoke to Craig Sisterson about the value of bringing local co-counsel to the table.

Kenyan child offenders spared jail sentences

The protection of children’s rights got a boost after Kenya’s High Court recently ruled that child offenders should not be subjected to custodial sentences, writes Paul Ogemba.

Time to take control of your data

The theme for this year’s World Data Privacy Day on 28 January was “Take Control of Your Data”. Pelumi Abdul looks at whether African nations are doing enough work on their data privacy laws.

Win for widows in Kenya

For generations, Kenyan culture has dictated that the clan of a dead man gets to determine his burial place, not the man’s widow. This practice has, however, now been overruled, writes Paul Ogemba.

Access Bank co-founder mourned after helicopter crash

Herbert Wigwe, CEO and co-founder of Access Bank, one of the largest banks in Nigeria, was among six people killed in a helicopter crash in California, USA, on Friday.

Geingob’s legacy to Namibia’s legal system

As news of the passing of Namibia’s third president, Dr Hage Geingob, settles in, a picture of his legacy is emerging, starting with the swift and smooth transition of power thanks to the constitution he helped draft and implement. Fedden Mukwata takes a closer look at the late president’s legacy to the country's laws.

Slow judicial procedures at the root of prison overcrowding

The Democratic Republic of Congo’s prisons are enormously overcrowded, leading to serious human rights violations. Observers believe this is another sign of the dysfunction of the Congolese judicial system, writes Frédéric Feruzi.

African legal fraternity slams UK–Rwanda asylum deal

British Prime Minister Rishi Sunak’s attempts to circumvent a UK Supreme Court ruling declaring the asylum-seekers exchange deal with Rwanda illegal, has evoked heated debate in Africa over its basic rule of law aspects, writes Kaijage Robert.

Advanced Arbitration Academy comes to Africa

The International Chamber of Commerce (ICC) is expanding its Advanced Arbitration Academy’s training programme to include Africa and the Middle East.

Big boost for Nigeria’s mediation sector

On 27 November 2023, Nigeria became the thirteenth state-party to ratify the United Nations Convention on International Settlement Agreements Resulting from Mediation. Pelumi Abdul looks at the implications.

Out-of-court settlements banned

Perpetrators of rape and defilement can no longer avoid court in Kenya after the High Court declared it illegal for them to enter out-of-court settlements with the victims, writes Paul Ogemba.

ASAFO & CO. expands international arbitration practice in Paris

ASAFO & CO. has expanded their international arbitration practice with Charles Kaplan and Tunde Oyewole joining as partners in Paris. The strategic hires will bolster the firm’s ability to seize growing disputes work and are evidence of its continued ability to attract top talent.

Legal hot potato in DRC election challenge

A crucial legal challenge is brewing in the Democratic Republic of Congo (DRC) where the Independent National Electoral Commission (CENI) has invalidated the election of 82 national MP candidates accused of fraud, corruption, vandalism or illegal possession of electoral materials during the December 2023 elections, writes Frédéric Feruzi.

Public interest litigation pays off for Kenya’s Jurist of the Year

In Kenya’s corridors of justice, lawyer Dudley Ochiel is synonymous with precedent-setting public interest litigation. Paul Ogemba interviewed Kenya’s 2023 Jurist of the Year.

Changing the narrative for legal aid

In The Gambia, the small population might lead one to believe that all is well within the criminal justice system, but there are still countless injustices that need to be addressed, writes Paul Ogemba.

Adopting a people-centred approach to justice

Kenya has become the first country to develop a people-centred approach to justice delivery and social transformation. Paul Ogemba spoke to Chief Justice Martha Koome to find out more.

Arbitration needs the support of vigilant courts

The 140-page judgement in the case of Federal Republic of Nigeria v Process & Industrial Developments Limited (P&ID) in October would make a good Hollywood crime thriller, providing evidence of the effectiveness of arbitration as a tool for justice delivery, writes Prof Emilia Onyema, School of Law, SOAS University of London.

Nigeria closer to having a robust economy

As part of the move towards building a more robust economy in Nigeria, two Bills were recently introduced for the reformation of the Central Bank of Nigeria (CBN). Pelumi Abdul took a closer look at the Bills and the effects they’ll have.

Fostering vs frustrating climate justice

Legal practitioners from all over the world attending COP28 in Dubai spent one afternoon discussing their professional role and duties in addressing the global climate crisis, writes Kaijage Robert.

The passing of a giant

George Etomi & Partners has announced the passing of their managing partner, Sotonye Inyeinengi-Etomi.

Beacon of hope for African nations?

The United Nations’ recent vote to adopt a Convention on International Tax Cooperation is a milestone for the African Group and potentially paves the way for a more equitable and effective global tax system, writes Pelumi Abdul.

State of Justice in the DRC

DRC President Félix Tshisekedi has praised his judicial record and highlighted the measures he’s taken during his five-year term to ensure that the administration of justice in the DRC continues to improve, but many others do not have the same positive outlook, writes Frédéric Feruzi.

Pioneering South African elected to ICJ

Among the first cases that Professor Dire Tladi will advise on when he begins his term of office with the International Court of Justice will be on the war between Israel and Hamas. Africa Legal learned more about this legal pioneer.

UK & Rwanda won’t drop asylum deal

The UK Supreme Court’s recent rejection of a controversial bilateral agreement for British asylum seekers to be diverted to Rwanda has left both governments weighing options that would allow the plan to go ahead anyway, writes Kaijage Robert.

African courts face challenges enforcing human rights

Africa’s regional courts have highlighted contrasting levels of success in getting member states to respect their rulings especially in cases involving human rights issues, writes Kaijage Robert.

Legal realities in the virtual world

The “real” world presents countless legal complexities, but in the virtual world these are even more complicated, and the metaverse presents a unique challenge. Abdulateef Ibrahim took a closer look at some of the issues.

Real super heroes defending the defenceless

William Okumu is no ordinary advocate in the criminal justice system in Kenya; he is a justice defender helping hundreds of vulnerable people who cannot otherwise access legal representation, writes Paul Ogemba.

Translating conservation laws destroys barriers

Language is often seen as a barrier when it comes to understanding the law, but that is likely to change with the creation of a new website in the conservation space, writes Annie Dorasamy.

The highs and lows of infrastructure investment

Germany tops the rankings of the CMS 2023 Infrastructure Index as a result of the country’s investor-friendly creditworthiness, global competitiveness in advanced technologies, and sustainability efforts, but six African countries also rank in the top 50.

Overhaul of Kenya’s criminal justice system on the cards

The criminal justice system in Kenya is set for a major overhaul with proposals to amend the Penal Code and the Criminal Procedure Code, writes Paul Ogemba.

Civil liberties in the DRC still under threat

Despite a recent judgement condemning a violent crackdown on the public and civil liberties in the DRC, there are still serious concerns, writes Frédéric Feruzi.

Ghana’s UK assets under threat over unpaid debt

Ghana International Bank’s office building in the UK, along with other Ghana government-owned properties, is at risk of being auctioned off to cover a $140-million judgement debt granted to oil trading company Trafigura, writes Marian Ansah.

Slew of arbitration headaches for Tanzania

State attorneys from Tanzania are facing an uphill battle to clear a series of multi-million dollar arbitration cases at the International Centre for the Settlement of Investment Disputes (ICSID), writes Kaijage Robert.

Capital punishment could soon be history in Tanzania

Tanzania is considering abolishing both capital and corporal punishment following interventions from the African Court on Human and Peoples Rights (ACHPR) and a government commission overseeing judicial reforms in the country, writes Robert Kaijage.

Victory for Nigeria in $11 billion arbitration case

This week’s ruling by London’s Commercial Court was a resounding win for Nigeria which successfully challenged an $11-billion award made against the country in 2017.

IBA launches anti-corruption survey

The International Bar Association (IBA) Anti-Corruption Committee and the IBA Legal Policy and Research Unit, with input from the Organisation for Economic Cooperation and Development, have launched an anti-corruption survey to gather data on the existence and effectiveness of anti-corruption and anti-money laundering legislation at a global level.

Decriminalisation of same-sex intimacy in Mauritius

In a landmark decision, the Supreme Court of Mauritius has declared that legislation criminalising private, same-sex, consensual sexual activity is unconstitutional. The judgement brings an end to 185 years of discrimination against Mauritius's LGBTQIA+ community.

Transnational crime hits a roadblock in Africa

Judicial institutions from 16 African countries have signed an agreement to enhance the fight against transnational organised crimes and illicit financial flows in the continent, writes Paul Ogemba.

New head of legal for Nutun

Hlengiwe Dlamini has been promoted to Head of Legal at Nutun CX. After three years at Norton Rose Fulbright, Dlamini moved to Bowmans for six years and then joined Nutun as Senior Legal Counsel in June 2022.

Tributes pour in for “quintessential gentleman”

Highly regarded businessman and lawyer George Sibanda, was among those killed in a plane crash in Zimbabwe last week. Tributes have been pouring in.

Upskilling arbitration counsel

With arbitration’s popularity as a dispute resolution mechanism growing each year, the SOAS University of London has undertaken a series of training workshops co-organised with African arbitral centres and organisations, aimed at upskilling counsel involved in arbitration.

Alarm over mental health in the legal profession

Judges and lawyers in Kenya have raised concerns over mental health in the legal profession after a judge was declared unfit to hold office due to mental incapacitation, writes Paul Ogemba.

Triple threat wins GC of the Year

Exceptional leadership, legal expertise and strategic vision resulted in Hermien Uys winning General Counsel of the Year Award at the 2023 African Legal Awards, writes Annie Dorasamy.

Arresting the scourge of arbitrary incarceration

An organisation which provides free legal representation for indigent people has now decided to take their actions a step further by addressing the root cause of arbitrary arrests and illegal detention in Nigeria, writes Alfred Olufemi.

New Justice Minister gunning for reforms

Nigeria’s Minister of Justice, Lateef Fagbemi, is poised to bring about much-needed changes to the country’s inefficient justice system. Alfred Olufemi looks at Fagbemi’s legal career and the tasks ahead.

Renewables lead the energy race

There’s been a notable shift in the energy landscape and the expected peak oil demand is now forecast to arrive in 2029 – a year earlier than previously projected. This is according to new research from global law firm CMS.

Excellence transcends prejudices and stereotypes

To round off Women’s Month in South Africa, LexisNexis hosted a webinar discussing the progress of women in the legal landscape. Annie Dorasamy shares some of the highlights.

Technological leg-up for Ugandan community

The first purpose-built technology training academy in Uganda was recently completed, and promises to greatly upskill the whole Mbale community.

DRC moves against crooked magistrates

The DRC’s public prosecutor at the Court of Cassation has published two toll-free numbers for members of the public to report magistrates who they believe are not following the rules of the profession, writes Frédéric Feruzi.

Push for transparency in climate "policy capture"

While climate change and energy policies affect everyone, there are powerful corporate actors who work behind the scenes to influence public policy and protect their profits. Tania Broughton reports on a move to improve transparency.

ADR settlement replaces life imprisonment

The use of alternative dispute resolution (ADR) recently led to a Kenyan Member of Parliament being acquitted of charges of misuse of firearm and attempted murder, reports Paul Ogemba.

Immunity for country leaders in the spotlight

Matata Mponyo, the Democratic Republic of Congo’s (DRC) former prime minister, has been on trial before the Constitutional Court since October 2021. There’s still confusion over whether the court has jurisdiction over him, writes Frédéric Feruzi.

High impact through cold storage

Hogan Lovells is proud to have advised Dutch development bank FMO (Nederlandse Financierings-Maatschappij voor Ontwikkelingslanden N.V.), on its recent co-investment with funds managed by African Infrastructure Investment Managers into Commercial Cold Holdings Limited (CCH).

Paving the road to success for start-ups

Driven by his passion for business, Thanny Mosima identified an opportunity to assist start-up tech companies navigate their way to success. He spoke to Nikita Smith about the department at his law firm which is dedicated to this goal.

Climate-resilient water solutions for Mozambique

More than 770 million people in the world do not have access to clean water close to home. Global law firm Hogan Lovells and international charity WaterAid aim to change this.

Ghana joins move to abolish death penalty

In a significant step, Ghana's Parliament has voted to eliminate the death penalty for all crimes except high treason, writes Marian Ansah.

Using tech to level the playing field

In honour of Women’s Month, the Cyrus R. Vance Center for International Justice is hosting a legal tech event. The aim is to explore the intersection of technology and law, highlighting its potential to drive positive change and equality within the legal sector, particularly for women in leadership roles.