Africa: Litigation, Mediation & Arbitration

A fuel supplier failed to deliver 2 million litres of Automotive Gas Oil despite receiving ₦705 million upfront payment, leading to litigation that ultimately resulted in a court-enforced settlement.

Practitioners appearing in full court appeals have long worked on the assumption that Rule 49(13) of the Uniform Rules applies whenever an appeal is directed to the full court of a division of the High Court - regardless of who granted leave. That assumption has now been tested and found wanting. In Koopman v Minister of Police (963/2022) [2026] ZASCA 45 (7 April 2026), the Supreme Court of Appeal held that Rule 49(13) of the Uniform Rules does not apply where it is the SCA, rather than a High Court judge, that grants leave to appeal to the full court.

Across many contemporary legal systems, the administration of justice increasingly stands at a moment that invites institutional reflection. Courts remain the constitutional guardians of rights and the primary fora through which disputes are formally resolved. Yet the operational realities of litigation today reveal persistent structural strain. Delays in adjudication, procedural congestion, rising litigation costs, and practical barriers to access have gradually weakened the confidence traditionally placed in conventional judicial mechanisms.