The Arbitration Foundation of Southern Africa (AFSA) signed several strategic Memoranda of Understanding (MoUs), on Thursday, 7 May, that will significantly expand its international and regional partnerships.
This underscores AFSA’s commitment to promoting arbitration and alternative dispute resolution (ADR) as the preferred method for resolving international and commercial disputes, while building capacity across Africa.
Building on its international relations, AFSA entered into an MoU with the Swiss Arbitration Centre in Zurich to foster cooperation in international arbitration and mediation, as well as the Chamber of Arbitrators of Belarus. These MoUs emphasise joint educational initiatives, conferences, training programmes on international arbitration and ADR practices, as well as the exchange of information and publications.
On the local front, AFSA formalised collaboration with the University of Cape Town Law Faculty’s Arbitration and Dispute Resolution Unit. This partnership supports academic initiatives, research, publications, conferences, and the development of dispute resolution expertise on the African continent.
This was further bolstered by an MoU signed between AFSA and the Law Society of Botswana, which will see the establishment of the AFSA Gaborone Office and a governance committee to promote independent, impartial, and effective ADR services in Botswana. It also aims to strengthen local practitioner capacity, and integrate the country into regional and international ADR networks.
Further afield, AFSA, together with the Haut-Katanga Bar Association (HKBA), will establish the AFSA Lubumbashi office to deliver arbitration and mediation services in the Haut-Katanga Province and the broader Democratic Republic of Congo, while supporting local capacity building and integration into Southern African Development Community (SADC) structures.
“The MoUs signed today will fortify Africa's arbitration ecosystem. By partnering with global leaders, we're equipping the continent to resolve complex disputes in mining, infrastructure, and trade, unlocking sustainable growth and investor confidence for all Africans,” AFSA CEO Andile Nikani commented.
Supporting mining across the continent
Africa's critical minerals boom demands urgent reforms in dispute resolution to secure beneficiation.
Current challenges highlighted during a session titled, “ADR as Critical Infrastructure in Africa’s Critical Mineral Value Retention for Sustainable Development”, moderated by Cliffe Dekker Hofmeyr (CDH) Director Jackwell Feris, Director & Head of the firm's Industrialisation, Manufacturing and Trade Sector, included outdated legal frameworks lagging behind multi-aligned political realities, such as China's dominance in refining and zero-tariff access that undermines beneficiation goals.
The panel also included African Union Development Agency New Partnership for Africa's Development (AUDA-NEPAD) Industrialisation, Trade, Markets & Economic Head Kossi Toulassi, Justice David Unterhalter and Davie Malungisa, Advocate at Johannesburg Bar Council, highlighted that without ADR reforms paired with contractual updates, governance accountability, and BTI safeguards, Africa risks losing value chains to circumvention and inconsistent standards.
Toulassi also called for African citizens to have a greater stake in developments across the continent. “Artisanal mining and small-scale enterprises are critical, with 80% led by women, 30% being youths. Yet, there are no robust mechanisms to ensure those women are looked after. Financial mechanisms are needed, not just grants, but access to bank loans. We have created facilities and capacity for this to happen.”
He added that to succeed, economies across the continent required trusted and respected platforms. “The composition of this platform depends on the solidity of institutions. We are advocating for institutional investment, which implies strong pension funds, sovereign funds – a place where every African can invest, with a confluence of projects and processes to ensure transparency and accountability."
Justice Unterhalter highlighted the need for enforceable intra-Africa investment protocols, while Malungisa called for ESG guardrails, community participation and "green justice" to prevent shortcuts in stakeholder engagement.
To further strengthen these initiatives, AFSA signed an MoU with the AUDA-NEPAD and the AMDC to advance an Africa-centred dispute resolution architecture. The focus
areas include capacity building in complex commercial contracts and arbitration, policy dialogues on Africa’s Critical Mineral Value, legal research, law reform, digital tools for arbitrators, and stakeholder engagement across SADC, Africa and internationally.
In a session titled “Legal Sector Contribution towards Revamp of an Inclusive Africa Mining Vision (AMV) Compact: ESG, Business and Human Rights Considerations”, moderated by Africorp Partner Angelista Nashon, the panel explored how the legal sector can drive a more inclusive, sustainable, and rights-based AMV.
Panellists, including Southern Transitions Co-Founding Director Lauren Hermanus, Global Witness Partnership Lead - Africa Alaka Lugonzo, Mutuso Dhliwayo from the Zimbabwe Environmental Law Organisation, and Darlington Muyambwa, from the Danish Institute for Human Rights, emphasised the need for enforceable ESG standards, genuine community participation, and integration of energy and mining value chains to deliver local benefits.
Highlighting opportunities in the updated AMV, Lugonzo said, “The 2026 revamp of the AMV Private Sector Compact, aims to shift from traditional extraction to inclusive, mutual obligations, promoting local industrialisation, human rights, and the African Green Minerals Strategy.”
This, she explained, is aimed at closing gaps between mining firms, communities, and governments, strengthening collaboration on infrastructure and sustainable development.
In a session titled “Collaborating for Credibility: Institutional Cooperation and the Future of Arbitration in Africa”, moderated by Dr Jamsheed Peeroo of the Bar of England and Wales and the Mauritian Bar, leading arbitration experts explored pathways to enhance credibility and cooperation across the continent.
Panellists included AFSA Secretary General Adv Svetlana Vasileva; NCIA CEO Dr Henry Murigi; CRCICA Director Dr Dalia Hussein; KIAC Secretary General Victor Mugabe; Mauritius International Arbitration Centre Karim M’ziani; Swiss Arbitration Centre Arbitrator Guillaume Tattevin; ASA and Swiss Arbitration Centre Director Korinna von Trotha; CIArb South Africa Branch chair Adv Henk Louw; Belarus Arbitration Chambers Chair Dr Aleksei Korochkin and Africa Germany Arbitration Cooperation (AfGAC) and LawCom.Institute consultant Dr John Nyanje.
The discussion emphasised unified institutional efforts to bolster arbitration as a trusted mechanism for resolving disputes in infrastructure, mining, and economic sectors. This aligns with broader calls for transparent governance and equitable frameworks in Africa's development agenda.
Finally, Young AFSA was provided the opportunity to have an Oxford-style debate, where they shared insights on the question, Mediation Over Arbitration in Geopolitical Storms?
Moderated by Bowmans partner Wihan Meintjes, two teams consisting of Phalatsi and Partners Attorney Dineo Machedi, Bowmans Associate Yanga Keva, DDP Attorneys Associate Adam Badenhorst and Society of Advocates of Namibia Advocate Lovisa Ihalwa clashed on whether sanctions, trade wars, and rivalries make mediation the sole viable path for African parties. Audience votes swung the outcome, highlighting hybrid ADR’s rise.
In closing JAW 2026, Michael Kuper, AFSA Chair, urged delegates to continue the vibrant conversation. “Each day of JAW has sparked insightful questions and bold suggestions. Let's build on that momentum. We can't fully harness the wealth of ideas exchanged unless you keep the discussion alive with us,” he concluded.
