An extensive look into the 2024 PALU Conference

February 1st, 2025
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By Eunice Masipa

The Pan African Lawyers Union’s (PALU) Annual Conference was held from 16 to 18 October 2024 in Addis Ababa, Ethiopia. Vice President of the Law Society of South Africa (LSSA), Eunice Masipa attended the conference and compiled the following report.

The event brought together over 300 participants from across the African continent and the purpose of the Annual Conference was to discuss, debate, exchange ideas and develop strong positions on how the legal profession in various sectors can benefit from, and contribute to, Africa’s development.

The theme of the conference was ‘Africa as a Global Powerhouse: Empowering Minds, Enlightening Paths’ and the theme recognised education and the empowerment of the continent’s people, as a key tool for transforming Africa into an economic, social, environmental, and geo-political stronghold in the next phase of global activities. The 2024 theme continued building on the 2023 conference theme, ‘The sovereign debt crisis in Africa: The role of the legal profession’, which identified some of the economic challenges related to debt, as well as other social and political issues hindering the continent’s situation as a global powerhouse. 

The objectives of PALU include:

  • Foster networking and collaborations among legal professionals in Africa, and enhance their capacity to effectively engage with international, regional, sub-regional and national legal frameworks in various sectors.
  • Foster partnerships between African legal entities and international organisations to leverage global expertise and resources.
  • Explore the impact of technology and innovation on the legal profession in Africa, including to identify ways to harness these advancements to improve legal practice, and elevating
    Africa’s potential as a global powerhouse.
  • Discuss the legal implications of economic, environmental, and sustainable development challenges facing Africa, including public debt, climate change and natural resource management.
  • Articulate Africa’s current and potential influence in international politics, economics and law.
  • Address challenges to stability on the continent, including democracy and human rights issues, social justice, accountability for mass atrocities among others; and develop legal strategies for resolution of these issues.

The conference featured several sessions, spanning across three days, aligned with the three thematic streams, namely:

  • Business law – which brought together the continent’s leading lawyers, to showcase developments and opportunities in the African Continental Free Trade Area (AfCFTA), tax issues, mergers and acquisitions and in negotiating Eurobonds.
  • Legal practice – brought together the continent’s leading lawyers, other professionals and service providers to deliberate on issues on artificial intelligence (AI), the importance of international and regional law networks, professional ethics and tips on work-life balance.
  • Public interest and development law – brought together lawyers and non-lawyers, civil society, and other key stakeholders, to discuss issues relating to debt management in Africa, strategic litigation and advocacy, climate change, illicit financial flaws and asset recovery, as well as evaluating the continent’s relationship with international law.
Opening ceremony

At the opening ceremony, President of the Ethiopian Federal Bar Association (EFAA), Mr Tewodros Getachew, welcomed delegates to the PALU Conference, by saying that Ethiopia, as the birthplace of PALU and Pan-Africanism, has historically served as a hub for continental unity and the protection of Pan-Africanist ideals, influenced by leaders like Emperor Haile Selassie.

Mr Getachew said that PALU is a premier forum for legal professionals, PALU has expanded its membership to include over eight regional associations and 54 national bar associations, positioning itself as a significant resource for professional development across Africa. ‘We aspire to be the most influential legal body, continentally and worldwide, ensuring its presence and meaningful contributions in all African countries,’ he said.

PALU President, Kari Abdoul Bagui, said the theme of the conference raised the following questions:

  • Whether our continent has the means to become a world power?
  • What do we lack to achieve this goal?
  • How should we approach it?

He added that the Agenda 2063 and the African Union (AU) have provided a framework for transforming Africa into a dominant player on the global stage. ‘We must outline a clear strategy that aligns the vision of our leaders with the aspirations of our people, bridging gaps between the opposition and unity within Africa’, Mr Bagui said.

Mr Bagui added that members of PALU need to be sufficiently informed and equipped to advise governments on best practices in all areas of influence and technical aspect where Africa is expected to run the room. The continental legal profession is vital in assisting and advising governments. National bar associations must equip themselves with the resources and the tools they need, to remain informed advisers ready to provide appropriate advice to their governments.

Keynote address

Legal Counsel of the AU, Prof Hajer Gueldich, said that her keynote address highlights the pivotal role of education in driving Africa’s development. She emphasised that it extends beyond the transmission of knowledge, forming the foundation of societal transformation. She said that the AU’s vision aligned with the theme on focusing on how education can harness Africa’s youthful population and vast resources.

For Africa to become a global powerhouse, its educational systems must empower individuals to think critically, innovate, and understand legal frameworks that govern development and justice. Legal education plays a crucial role in fostering justice, accountability, and peace, she said.

Prof Gueldich said while the AU has developed numerous legal frameworks promoting peace, security, human rights, and development, the implementation thereof lags behind. The slow pace of ratification and enforcement raises legal and ethical concerns.

In discussing her recommendations, she said that a collective commitment from member states is necessary to enforce regional judicial decisions consistently, making these legal instruments impactful. There should be interdisciplinary knowledge sharing, where legal frameworks must adapt to changing realities, particularly in areas like climate justice, where legal professionals can lead efforts alongside scientists and policymakers.

Prof Gueldich said that Pan-Africanism serves as a guiding principle for legal professionals, and emphasised unity, cooperation, and shared destiny. Legal professionals have a dual responsibility, which is to uphold justice and actively shape Africa’s future by developing legal frameworks that promote social and economic development, thereby contributing to a unified and prosperous continent.

In conclusion, Prof Gueldich said that Africa’s rise as a global powerhouse depends on investments in education, the enforcement of AU legal instruments, and the empowerment of legal professionals. This collective effort will drive justice, accountability, and sustainable development across the continent.

Other highlights from the opening ceremony

Deputy Chairperson of the African Union Commission, Dr Monique Nsanzabaganwa, said that African democratic governance and the formal introduction of governance were primarily made after many African countries received independence from colonial powers in the mid-20th century. However, post-independence African countries came to adjust democratic governance frameworks although inspired by western models. Despite this, the initial decades of independence were marked by political instability, military coups, one party systems and the authoritarian rule African nations have come far.

Many African nations transitioned from authoritarian regimes to multiparty democracies. Countries now hold democratic elections, and democratic institutions have become institutionalised. Although the quality of democracy varies widely, Africa took on new forms and challenges post-colonisation as it builds a mix of indigenous practices with the foreign influences. Throughout the pre- and post-colonial period, it is apparent that the African continent has witnessed decades of numerous governance and human rights challenges resulting from a diverse range of factors, which include among others, slavery, colonialism, civil war, poverty, corruption, autocratic governance and exclusion of marginalised groups.

Dr Nsanzabaganwa added that the ripe time for member states to recommit themselves individually and collectively and to resolve to promote and safeguard good governance, democracy, justice, equality, and human dignity in Africa by implementing all African Union shared values, is by creating the necessary mechanism to enforce these values. She added that the AU has adopted several instruments to assist its member states to establish a common basis and support the promotion of good governance and to deepen the culture of democracy at the national level.

Dr Nsanzabaganwa said the African Union Commission will continue to promote African solutions for African problems. ‘Until the goal of silencing the guns on our beloved continent and build the Africa we want and Africa we deserve, Africans need to look ten years ahead and envision and resolve our current challenges. We need to focus on working together to build a strong powerhouse of our beloved continent. PALU continues to commit to the promotion of justice, good governance, democracy, and the rule of law,’ she said.

In his speech, Minister of Justice of the Federal Democratic Republic of Ethiopia, Dr Gedion Timothewos, said that Addis Ababa is a city which holds historical significance as the place where PALU was founded. PALU is recognised for its important role in professional development across Africa, offering advisory services to continental bodies and having observer status at both the AU and the United Nations (UN). Its contributions to treaty drafting and legal analyses have strengthened Africa’s legal landscape.

He added that Ethiopia has recently made strides in legal reform, notably the adoption of a new legal regime for legal practice and the establishment of the Ethiopian Federal Bar Association, with over 6 900 members, as a marker of progress.

Dr Timothewos said the theme of the conference, aligns with the AU’s focus on education and skills development. This underscores the critical role of education in unlocking Africa’s potential and positioning the continent as a formidable global force. The topics selected for the conference, which focus on business, legal practice, public interest, and developmental law, are seen as timely and essential for fostering economic growth and integration in Africa.

BUSINESS LAW

The role of lawyers in a changing international tax landscape

In this session, presentations were made on the Base Erosion and Profit Shifting (BEPS) Project to combat tax avoidance by multinational companies, which often exploit gaps and mismatches in international tax rules to shift profits to low or no-tax jurisdictions, undermining the integrity of tax systems globally. Though the BEPS Project represents a significant step toward improving fairness in the international tax system and preventing tax base erosion and profit shifting by multinational enterprises, the three core pillars need to be put in place to reap the benefits. The three pillars are:

  • Coherence: To eliminate gaps and mismatches in tax rules between countries that allow double non-taxation.
  • Substance: To ensure that taxation is aligned with the location of economic activity and value creation.
  • Transparency: To improve the availability and exchange of tax information between governments to combat tax avoidance.

Measures include country-by-country reporting, which requires multinational companies to report their activities, profits, and taxes paid in each country where they operate. This will enhance information sharing among tax authorities to better detect and prevent profit shifting.

The evolving digital economy driven by digital technologies, including Internet, means that most governments lose out on taxation. The shift is reshaping how businesses operate, how governments regulate the industries, and this has significant social, economic and policy implications.

Recommendations

  • The role of lawyers includes, but is not limited to, advocate for change, actively question the proposals that are put in place and develop rules that work for Africa. Advising the revenue authorities; enhancing filing of taxes; and educate member states, civil society organisations (CSOs) and other stakeholders.
  • They need also to advise stakeholders on the use of the existing instruments in place since the UN framework is under formulation. Africa, with the support of lawyers, ought to develop its own framework. Supporting the AU to develop model guidelines. Lawyers also have the role to inform, advise and build capacity of parliamentarians on tax matters. There is a need for more representation of African member states where decisions are made, and international instruments are being developed.
  • PALU’s role is to build capacity of its members on the existing regional frameworks, treaties and protocols which are key in development and implementation of unifying frameworks.
Navigating cross-border commercial disputes in Africa: Leveraging alternative dispute resolution (ADR) for effective and efficient solutions

As trade and investment expand on the continent, legal disputes involving foreign and local entities are becoming more common. ADR methods, such as mediation and arbitration, offer a more efficient, cost-effective, and flexible alternative to traditional litigation, especially in navigating complex multi- jurisdictional issues.

ADR provides faster, more flexible, and cost-effective solutions compared to traditional litigation, which can be lengthy and complicated due to differences in jurisdictional laws. ADR allows parties to choose neutral arbitrators with relevant expertise and ensures confidentiality, which is particularly important for preserving business relationships.

The AfCFTA agreement’s Protocol on Rules and Procedures on the Settlement of Disputes mechanism provide a streamlined and effective method for resolving intra-African commercial disputes. It seeks to foster smoother trade relationships among African nations by offering a system that is both accessible and efficient. It also seeks for neutrality and expertise where parties in dispute can choose arbitrators or mediators with specific expertise and neutrality. The mechanism also seeks to uphold confidentiality and enforceability and harmonizing of African trade. The mechanism aligns with AfCFTA’s broader goals of increasing intra-African trade by offering a trusted platform for resolving disputes, which helps to reduce trade barriers, encourage investment, and promote economic integration.

Challenges

  • Cooperation of the arbitration centres where they can share case developments especially with the rise in the number of trade agreements.
  • Competent arbitrators who can handle arbitration and be trusted with the process.
  • Increasing number of arbitration centres in member states.
  • Fragmentation of systems within the same jurisdictions.
  • Jurisdiction barriers such as common law versus civil law, Anglophones versus Francophones.

Recommendations

  • There are many national ADR centres and there is need for training to create awareness and building trust by giving international standard and aspect to the centres.
  • Addressing currency risk in arbitration since seizure of assets is the utmost solution. Sometimes the aggrieved is not able to meet the cost of settling the dispute.
  • Marketing of ADR centres by creating opportunities such as an arbitration week or day where centres showcase what they do to create awareness.
  • PALU and other players have a role to develop harmonised trade policies for AfCFTA to operate effectively and develop a strategy for African member states to align their ADR mechanism to AfCFTA.
  • Lawyers and other professionals have a role to develop a harmonised context and concept of ADR modality-precolonial period systems and the new modalities.
  • Enhance the use of African based ADR, which should be included when drafting contracts to read ‘seat of arbitration in Africa’.
Empowering voices: Gender justice in the face of climate change in Africa

This session focussed on gender, climate change and adaptive capacity, which are intertwined as poor and marginalised men and women, face multiple and complex challenges. Climate change exacerbates these challenges and threatens to undermine development gains made so far. Unequal distribution of resources and power imbalances are both underlying causes of poverty and impact on people’s ability to adapt.

The different roles of men and women give them different knowledge, priorities, and concerns about climate change. Adaptation interventions are most often based on the belief that women’s role in the home makes them crucial agents of change, hence the interest they generate in adaptation interventions.

Challenges

  • Increased vulnerability of women especially in rural areas since they rely heavily on natural resources for their livelihoods and climate change disproportionately affects these sectors, intensifying the struggles women face in managing households.
  • Exclusion from decision making of key policy discussions and climate governance at local, national, and international levels. This limits the chance of developing gender-sensitive climate policies.
  • Limited access to resources and rights. For example, access to land, financial resources, and education compared to men, limiting their ability to adapt to climate change impacts.

Recommendations

  • Addressing gender dimensions of living conditions which are context-specific and addressing them appropriately requires context-specific actions.
  • Gender-sensitive analysis, policy and planning. Including gender equality in climate change policy objectives and strategies.
  • Women’s participation in climate decisions. For example, in the Democratic Republic of the Congo (DRC), the minister in charge of the environment is a woman.
  • Raising awareness among women and strengthening their capacities in climate change.
  • National and regional adaptation planning needs to be driven by affected communities and based on an understanding of the gender dimension. Participatory gender-sensitive actions will help to achieve greater gender balance in the initiatives.
  • Invest in improving women’s economic empowerment in the face of climate change to ensure that resources and work are distributed and valued in the economy.
  • Investing in understanding and assessing the gendered impacts of climate change beyond economic loss is important to make all types of loss and damage visible and to ensure that they are considered, in order to develop an evidence base.
  • Addressing the challenges requires targeted policies and strategies that include women in decision-making, ensuring equitable access to resources, and creating gender-responsive climate adaptation and mitigation measures. Implementing the recommendations is not only essential for gender justice but also for developing sustainable solutions to the climate crisis in Africa.
Cross-border banking and investment: Legal strategies for strengthening Africa’s economic landscape

This session explored the critical role of legal frameworks in promoting cross-border financial activities across Africa. It highlighted how robust legal strategies can enhance cross-border banking and investment, facilitating economic growth and regional integration.

The legal landscape of banking in Africa is shaped by the diverse legal traditions across the continent, with French-speaking nations largely following civil law and English-speaking countries adhering to common law. Roman-Dutch law also influences southern Africa. This diversity presents both challenges and opportunities for harmonising commercial, corporate, and insolvency law, which are crucial for facilitating cross-border transactions.

Transactional banking that involves payments, trade finance, and risk management, are crucial for facilitating trade across borders, often through collaboration with local partners.

Legal frameworks like public-private partnerships help facilitate funding for projects, though securities and government guarantees vary across countries. Cross-border banking and investment are key drivers of Africa’s economic transformation. In many countries, like the DRC, the banking sector is dominated by commercial banks, while investment banks are largely absent, limiting the ability to finance large-scale, growth-oriented projects. Cross-border banks have the potential to enhance economic stability and development by facilitating seamless transactions and fostering investments. These banks can improve the standards of local financial institutions and contribute to regional prosperity.

Challenges

  • Legal risks include challenges in raising capital, political instability, and countries’ debt burdens.
  • Complex regulatory environments, limited market access, and increased competition.
  • Slow financial sector development also hinders entrepreneurship and innovation.

Recommendations

  • Strengthening compliance and governance: Robust compliance frameworks are essential for trust-building and adhering to anti-corruption measures and environmental regulations. This includes thorough due diligence and ethical practices. Governance frameworks are essential.
  • ADR supported by international treaties are critical for resolving conflicts, though challenges persist in enforcing agreements due to judicial weaknesses and currency volatility.
  • Harmonising legal frameworks in Africa. African nations must establish standards that reflect their contexts, ensuring equitable trade and investment that contribute to sustainable development. Collaboration among governments, financial institutions, and communities is key to achieving these goals.
  • Leveraging public and private resources to fund infrastructure projects and drive growth.
  • Creating clear and consistent regulations to create a predictable business environment for investment and cross-border transactions.
  • Investment in tech to improve payment systems, boost financial inclusion, and streamline operations.
  • Cross-border collaboration among banks to share best practices and enhance risk management strategies.
Anticipating the AfCFTA Investment Protocol

In this session on the protocol, it was stated that AfCFTA, is a major initiative aimed at boosting intra-African trade by reducing tariffs and fostering the free movement of goods and services across the continent. The AfCFTA Investment Protocol focuses on sustainable development, investment protection, and digital trade. The goal of the protocol is to create a secure, predictable environment for both local and foreign investors, thereby driving economic growth in Africa.

Key components of the protocol include:

  • Fair and equitable treatment: This principle ensures that all investors receive just and unbiased treatment, regardless of nationality. It builds investor trust by protecting them from discrimination and unfair practices in host countries, which is crucial for encouraging cross-border investments.
  • Respect for indigenous rights: By upholding the rights and interests of local communities, the protocol promotes socially responsible investment. This focus helps build positive relationships between investors and the communities impacted by investment projects, ensuring long-term success and mutual benefit.
  • Compliance with national and international laws: The protocol mandates adherence to legal frameworks that govern investment activities. This creates a structured and predictable environment for investors, reinforcing the rule of law in cross-border investments.
  • Anti-corruption measures: The protocol incorporates corporate governance and transparency to combat corruption in investment processes. These measures enhance the integrity of the investment environment, making it fairer and more transparent, which further builds investor confidence.
  • Environmental protection: The protocol includes measures that emphasise sustainable development and ecological preservation. This ensures that economic growth does not compromise environmental integrity, reflecting a balance between development and environmental stewardship.

The AfCFTA investment protocol’s focus on introducing direct obligations for investors aims to build trust between governments and investors. This structured framework is designed to promote ethical investment practices and create a reliable investment climate across African markets.

Challenge

The main challenge is investor protections. The importance of lender requirements, such as sovereign guarantees, and comprehensive political risk assessments for infrastructure investments. While Ethiopia faces challenges in securing capital, it is innovating to enhance its investment climate.

Recommendations

  • Standardised investment data across African nations was identified as key to helping countries expand in intra-African trade.
  • Clearer legislative frameworks to encourage ethical investment practices, focusing on labour standards, environmental stewardship, and community engagement.
  • Transparency and accountability, which are crucial elements in creating an ethical investment environment.

LEGAL PRACTICE

The role of legal frameworks in Africa’s debt management: Advancing accountability and transparency

During this session, the question asked was: What is the status of public debt in Africa and what are the basic drivers of in indebtedness facing the continent?

As many African nations grapple with rising debt levels, effective legal structures provide the foundation for sound fiscal governance. In assessing debt levels in Africa, key metrics like the GDP-to-debt ratio and the export-to-debt servicing ratio are critical for understanding financial health. Many countries, including Zambia, Kenya, Nigeria, Ghana, and Chad, face significant debt challenges, with high debt servicing costs straining government budgets.

Transparency remains a significant issue, with many countries not disclosing the terms of their debt arrangements. The differences in transparency between loans from entities like China and the International Monetary Fund (IMF) further complicate accountability.

Legal professionals play a crucial role in enhancing accountability and it is essential for lawyers to engage actively in legislative processes to ensure laws are effective and promote responsible governance. There are ethical considerations, as well regarding creditors who lend with awareness of potential mismanagement, raising questions about accountability in lending practices.

Parliamentary involvement will ensure that elected representatives play an active role in the borrowing process. They should also ensure that funds are used efficiently and effectively and that the government is held accountable for its financial decisions.

Comprehensive public debt management laws should include:

  • Borrowing guidelines: The government should establish clear guidelines for borrowing, including specifying which government agencies or departments have the authority to borrow and outlining the purposes for which funds can be used. This helps to prevent excessive borrowing and ensures that borrowed funds are used effectively.
  • Regulations for non-resident lenders: The government should have specific regulations governing borrowing from foreign lenders. These regulations may include requirements for obtaining government approval, restrictions on certain types of borrowing, and safeguards to protect the country’s financial stability.
  • Debt servicing and repayment: The laws should stipulate the processes for debt servicing and repayment, including the sources of funds used to repay debts and the mechanisms for ensuring timely payments. This helps to maintain the government’s creditworthiness and avoid default.
  • Clear objectives for borrowing: The government should clearly state the reasons for borrowing and the specific purposes for which the borrowed funds will be used. This helps to ensure that the borrowing is aligned with the country’s development goals and that the funds are utilised effectively.
  • Debt ceiling: To prevent excessive borrowing and maintain fiscal discipline, the government should establish a debt ceiling, which sets a limit on the total amount of debt that the country can accumulate. This helps to avoid unsustainable debt levels and protect the country’s financial stability.

Recommendations

  • Legal frameworks to establish clear legislation defining borrowing terms, including sources, purposes, and limits of debt.
  • Develop mechanisms for publicly disclosing debt contracts and terms to enhance accountability and public trust.
  • In the event of a default on a loan, the government should explore alternative restructuring options, such as debt rescheduling or debt forgiveness, rather than relying solely on the IMF or World Bank for assistance.
  • Encourage lawyers to actively participate in the legislative process, advocating for just and effective laws. Form networks of legal experts to collaborate on best practices for debt management and to hold governments accountable.
  • Strategic litigation can be a powerful tool for holding governments accountable for the misuse of borrowed funds. By involving civil society organisations, businesses, and academic experts in the development of public debt management policies, governments can ensure that these policies are relevant, effective, and aligned with the needs of the country.
  • Build the capacity of parliamentary systems to engage effectively in debt management discussions and decisions.
  • Organise training programs for parliamentarians and legal professionals focused on effective debt management and financial literacy.
A rights-based approach to women’s economic justice and rights: An African feminist perspective

The implementation of decisions, judgments, and measures related to women’s economic rights within the African human rights system is a critical area of focus for promoting gender equality across the continent. These frameworks emphasise the obligation of states to eliminate discrimination and promote women’s access to economic resources. Landmark judgments have highlighted issues like property rights, access to credit, and employment discrimination, setting precedents for advancing women’s economic empowerment. Implementation mechanisms require states to be accountable for adhering to decisions made by human rights bodies. This includes regular reporting, compliance with rulings, and taking concrete actions to rectify violations of women’s economic rights. Despite existing frameworks and judicial decisions, challenges persist, including inadequate enforcement, cultural barriers, and limited awareness of women’s rights. Efforts must be intensified to address these obstacles through education, advocacy, and community engagement.

This session explored the intersection of economic justice and gender equality from an African feminist’s viewpoint. This approach emphasises the need to centre women’s rights in economic policies and development strategies, advocating for systemic change that addresses the structural inequalities women face in Africa.

African feminism emphasises the importance of collective organising and grassroots movements to advocate for women’s rights. Economic justice, from this perspective, is not only about individual advancement but about structural change that benefits all women. Integration of a human rights framework in addressing economic justice, emphasising that women’s economic empowerment is inseparable from their basic human rights. This includes rights to education, health, land ownership, and labour protection.

Recommendations

  • Develop transformative policies that go beyond token economic inclusion. This includes addressing issues like unpaid care work, access to credit, gender-responsive budgeting, and equitable labour laws.
  • Collective action reshaping economic systems to be more inclusive, equitable, and responsive to the specific challenges faced by African women.
  • Effective advocacy and creating awareness on the rights to women.
Promoting gender equality in the legal profession across Africa

Building authentic partnerships among stakeholders is crucial in advancing gender equality in law. It is essential that these partnerships are not only formed but are also active and result-oriented, ensuring that commitments lead to tangible outcomes. Building networks among various stakeholders, including bar associations, legal professionals, and community organisations, is crucial for fostering collaboration and promoting gender equality. Strategies should focus on inclusivity, ensuring that young professionals are actively involved in leadership roles and decision-making processes.

Data is a powerful tool in highlighting inequalities and driving change. Research involving interviews with 590 women reveals a stark reality: Harassment is pervasive, underscoring the need for data-driven campaigns that focus on accountability and victim support. This leads to evidence-based decisions and policies. The role of law firms is vital in promoting gender equality. Lawyers and legal institutions must actively challenge biases and ensure that women are not sidelined in legal processes. By placing gender equality at the forefront, the legal profession can influence broader societal norms.

The normalization of harassment must be urgently addressed. It is imperative to create an environment where harassment is recognised and actively addressed, rather than accepted as a norm. Campaigns must focus on changing perceptions and fostering a culture of respect.

The establishment of bar associations and focused lawyer networks can lead to collaborative efforts that address thematic issues, ensuring that gender equality becomes an integral part of legal practice and reform. The role of law firms which are starting to establish is to promote gender equality and foster leadership in the legal fraternity for women.

Male allies are actively engaged in a learning journey to understand and promote gender equality. They recognise their responsibility and are committed to improving their awareness of gender issues, advocating for change in their communities and workplaces. As supporters and enablers, male allies strive to stand alongside women without overwhelming them. Their role is to uplift and amplify women’s voices, creating an environment where gender equality can thrive without overshadowing the contributions of women.

The Maputo Protocol, adopted in 2003, serves as a comprehensive framework for gender equality across Africa. Its full ratification represents a significant achievement, encouraging member states to implement measures that support women’s rights and participation in all aspects of society.

Bar associations are tasked with designing and implementing gender-sensitive policies that address the unique challenges faced by women in the legal profession, ensuring a more inclusive environment. Women advocates within bar associations are instrumental in initiating policy and law reforms that seek to rectify gender imbalances, contributing to legislative changes that support women’s rights. Women are often relegated to subordinate roles, such as treasurers, rather than being placed in apex leadership positions, which are crucial for higher opportunities and influence. Achieving a balanced leadership structure (50:50 representation) is essential for both qualitative and quantitative progress.

Recommendations

  • Quality over quantity: The focus should not only be on the number of women in leadership but also on the quality of their contributions and the skills they bring. Prioritising women’s voices and creating supportive documents and policies can help empower women in the legal field.
  • Open-ended questions: These questions facilitate discussions on a wide range of issues, encouraging deeper exploration of gender dynamics within legal institutions and prompting reflection on leadership roles.
  • Advocacy and data collection: There is a need for better data collection methods to inform advocacy efforts, particularly regarding marriage laws and gender-based policies. Engaging the younger generation and fostering relationships with stakeholders are vital for addressing ongoing gender issues and promoting men’s empowerment as allies in the fight for equality.
  • Data-driven decision making: Effective policy decisions regarding gender equality rely on both qualitative and quantitative data. Gathering and analysing this data helps inform policies and practices, ensuring they are based on actual needs and challenges faced by women, rather than assumptions or stereotypes.
Strengthening accountability: Why ratifying the Malabo Protocol matters

The Malabo Protocol seeks to establish the African Court of Justice and Human and Peoples’ Rights, which will have jurisdiction over international crimes, in addition to a human and peoples’ rights jurisdiction and jurisdiction over interpretation of the Constitutive Act of the African Union.

African citizens including lawyers and various bar associations need to embrace the potential of the Malabo Protocol to transform Africa’s response to international crimes. There is need to create synergies among African bar associations and civil society groups for the purpose of collaborating in raising awareness about the protocol and sharing experiences and crafting strategies to promote ratification.

Key features of the Malabo Protocol

  • Creation of a Continental Criminal Court: The protocol establishes an African Court with the authority to handle not only human rights cases but also international criminal law violations, creating Africa’s own version of the International Criminal Court (ICC).
  • Expanded jurisdiction:
    • Criminal law: The Malabo Protocol gives the court the power to try individuals for serious crimes such as genocide, war crimes, crimes against humanity, terrorism, and unconstitutional changes of government.
    • Corporate crimes: It is the first international legal instrument to include corporate criminal liability, allowing the prosecution of businesses and entities involved in corruption, money laundering, or environmental crimes.
  • Wide range of offenses: The protocol lists 14 different categories of crimes, including transnational crimes like piracy, trafficking in drugs or persons, and environmental crimes, which are not typically addressed by international courts.
  • Immunity for heads of state: A controversial provision in the Malabo Protocol grants immunity to sitting heads of state and senior government officials from prosecution while they are in office, which has drawn criticism from human rights organisations and activists.
  • Complement to national and regional systems: The court is designed to complement national and regional judicial systems, stepping in when they are unable or unwilling to prosecute serious crimes.

The Malabo Protocol has yet to come into force, as it requires ratification by at least 15 AU member states. While it presents an ambitious framework for handling African legal matters independently, it also faces challenges, particularly around concerns about the immunity provisions and its interaction with the ICC.

PUBLIC INTEREST AND DEVELOPMENT LAW

Lessons on economic justice: Emerging jurisprudence on public interest litigation on tax and debt issues in Africa

Public interest litigation has emerged as a powerful tool for promoting socio-economic justice and holding governments accountable, and by challenging government policies and actions in the legal system, public interest litigation addresses various issues, including taxation, economic justice, environmental protection, and human rights.

Despite its advancements in ensuring socio-economic justice, litigators engaging in public interest litigation face significant challenges. One major challenge is the increasing resistance from governments, which often oppose public interest litigation efforts using various tactics to undermine the legal process and discourage activists. These tactics may include delaying court proceedings, intimidating litigants, and enacting laws that restrict the scope of public interest litigation. Such delays can strain the resources of litigators, many of whom operate with limited funding and staffing. Public interest litigation can be resource-intensive, making it difficult for legal practitioners to pursue complex cases and effectively counter government resistance.

In addition to resource constraints and governmental opposition, litigators also struggle with a lack of public support. The success of public interest litigation often hinges on public awareness and backing. Without this support, it becomes challenging to maintain momentum and achieve favourable outcomes. Cases that contradict public perception are particularly difficult, as the government frequently uses public opinion as leverage to disincentivize support for litigation.

Recommendations

  • Capacity building: Invest in training and capacity building for legal practitioners to enhance their skills in public interest litigation. This includes training on legal research, advocacy, and litigation strategies.
  • Collaboration: Foster collaboration among legal practitioners, civil society organisations, and other stakeholders to amplify the impact of public interest litigation. This can involve forming coalitions, sharing resources, and coordinating efforts.
  • Public awareness: Conduct public awareness campaigns to educate citizens about their rights and the importance of public interest litigation. This can help to mobilize public support and create a more favourable environment for public interest litigation.
  • Legal reforms: Advocate for legal reforms that support public interest litigation and protect the rights of litigants. This includes reforming procedural rules, strengthening the judiciary, and ensuring access to justice for all.
  • International cooperation: Collaborate with international organisations and legal experts to share knowledge and best practices. This can help to strengthen public interest litigation capacities and build international support.
The debt and extractivism conundrum in Africa: Enhancing transparency and good governance of Africa’s natural resources

Extractives, such as minerals, oil, and gas, play a crucial role in many African economies, contributing significantly to export earnings and economic growth. However, the exploitation of these resources is often associated with illicit financial flows, which can undermine development and perpetuate poverty.

Several factors contribute to illicit financial flows in the extractives sector, such as:

  • Weak governance: Corruption, weak regulatory frameworks, and inadequate contract negotiation skills can facilitate illicit financial flows.
  • Profit shifting: Multinational corporations may engage in profit shifting to reduce their tax liabilities, often by offshore financial centres and complex corporate structures.
  • Double taxation: The absence of effective double taxation agreements can lead to revenue losses for African governments.
  • Resource nationalism: Some countries may adopt resource nationalism policies, which can deter investment but also reduce the potential for illicit financial flows.

Recommendations

  • Strengthening governance: Improving transparency, accountability, and the rule of law in the extractives sector is essential. This involves strengthening anti-corruption institutions, improving public procurement processes, and enhancing transparency in government decision-making.
  • Enhancing regulatory frameworks: Implementing robust regulatory frameworks to prevent illicit financial flows and promote responsible investment is crucial. This includes establishing clear rules for the extractives sector, strengthening tax administration, and implementing beneficial ownership disclosure requirements.
  • Negotiating favourable contracts: Governments should negotiate fair and equitable contracts with extractive companies to maximize revenue and minimize the risk of illicit activities. This requires skilled negotiators and a clear understanding of the terms of the contract.
  • Promoting transparency: Increased transparency in the extractives sector is essential for combating illicit financial flows. This includes disclosing information about beneficial ownership, revenue streams, and government contracts.
  • Strengthening international cooperation: Collaborating with other African countries and international organisations can help African nations combat illicit financial flows and promote sustainable development.

By addressing these challenges and implementing effective measures, African countries can harness the potential of their natural resources for sustainable development and improve the lives of their citizens. This requires a concerted effort from all stakeholders, including the governments, civil society organisations, the private sector, and international partners.

Reparative justice in Africa: Legal pathways to address historical and contemporary violations

The concept of reparations for historical injustices in Africa, particularly those related to slavery and colonialism, is gaining traction. However, significant challenges remain, including the absence of a legal framework, international pressure, and internal divisions.

It is essential to develop a comprehensive strategy that includes legal frameworks, regional cooperation, international advocacy, public awareness, civil society empowerment, and the resolution of underlying causes.

By adopting a holistic approach, Africa can seek justice for historical wrongs and strive for a more equitable future.

Currently, the AU has initiated efforts to confront the issue of reparations for crimes committed during slavery and colonialism. The AU heads of state have made decisions and declarations aimed at establishing a unified position and actionable program regarding reparations in Africa via the African Common Position on Reparations.

These efforts also include the formation of an African Committee of Experts tasked with developing a program of action and a collective stance, as well as enhancing cooperation with the diaspora community.

A significant challenge in implementing reparations for historical injustices in Africa lies in the differing perspectives between the diaspora and those on the continent. While both groups share a common history of oppression, their experiences and priorities may vary. To bridge these differences, it is essential to foster open dialogue by creating platforms for honest discussions that promote mutual understanding.

Additionally, identifying shared goals through the AU can clarify the type of reparations needed and highlight the disparities in perceptions between the diaspora and those on the continent. This process allows for the establishment of common objectives, such as justice, reconciliation, and equitable development.

Recommendations

  • A comprehensive framework is needed to address some of the challenges.
  • A clear legal structure that outlines the principles and mechanisms for reparations. The African Common Position reached under the aegis of the AU must be supported by appropriate legal frameworks for effective implementation.
  • Promote collaboration between African states and diaspora communities to advocate for reparations and address the needs of both groups.
  • Supporting the development of legal expertise in reparations will enable lawyers to engage in relevant discussions and cases.
  • Establishing mechanisms to prevent corruption and ensure the effective use of reparations, particularly in preventing misuse by corrupt officials.
  • Conducting public awareness campaigns to educate citizens on the importance of reparations and their historical significance, along with empowering grassroots organisations to advocate for reparations, will ensure their voices are heard.
Recommendations at the closing of the conference
  • Lawyers are essential in advocating for change and creating legal frameworks that fit Africa’s context. Their roles include advising revenue authorities for better tax compliance, educating CSOs on legal instruments, and fostering African-specific frameworks. They also engage with parliamentarians to enhance domestic resource mobilisation (DRM) capacity and improve African representation in international decisions. PALU supports this by strengthening members’ understanding of regional frameworks vital for cohesive legal standards across the continent.
  • To enhance effectiveness of ADR in Africa, training national ADR centres to meet international standards is crucial. Addressing currency risks in arbitration and promoting marketing initiatives like Arbitration Weeks can build awareness and trust. Collaboration among organisations such as the Organisation for the Harmonization of Business Law in Africa (OHADA) and PALU is key to developing harmonized trade policies under the AfCFTA and integrating local ADR practices into contract drafting.
  • Addressing gender dimensions of climate change requires context-specific actions that integrate gender-sensitive analysis into policy. This includes ensuring women’s participation in decision-making and highlighting their roles in environmental leadership. Raising awareness and building women’s capacities on climate issues, as seen in Bhutan, is essential. Effective planning must involve affected communities, prioritizing gender-sensitive approaches to create equitable and sustainable climate solutions in Africa.
  • To combat cybercrime and protect digital rights, strengthening law enforcement and judicial capacities is vital for effective investigation and prosecution. Promoting digital literacy and raising awareness about privacy and rights is essential. Collaborative policies among governments, civil society, and businesses are necessary for enforcing digital rights, while holding digital platforms accountable is crucial for a secure digital environment.
  • Strengthening compliance and governance frameworks is vital for sustainable development in Africa. This includes robust compliance systems to ensure adherence to anti-corruption and environmental regulations, promoting ethical practices, and engaging communities to enhance project success. Prioritising these frameworks can mitigate risks and align business operations with broader development goals.
  • Standardising investment data across African nations is essential for facilitating intra-African trade. A consistent data framework will help stakeholders assess market conditions and investment trends, fostering a collaborative regional trade environment that enhances transparency and supports informed decision-making.
  • Strengthening legal frameworks for AI is critical to address its impacts on copyright and intellectual property. Legislative reforms are needed to clarify data usage and protect rights, balancing innovation with legal protections. Adapting laws to accommodate AI advancements will create a supportive environment for responsible development aligned with African contexts.
  • Establishing networks to support lawyers facing threats is crucial for their protection and advocacy. Connecting them with regional and international organisations can provide legal aid and resources, deter repression, and emphasise collective action in defending human rights and the rule of law.
  • Implementing ownership transparency measures in the fishing sector is essential for accountability. Mandating public disclosure of ownership before issuing fishing licenses prevents anonymity and promotes responsible practices. Establishing beneficial ownership registries and recognising illegal, unreported and unregulated (IUU) fishing as a money laundering predicate offense are key steps in improving oversight and aligning with global efforts to combat financial crimes.
  • Comprehensive debt management requires clear legal frameworks, transparency in debt contracts, and accountability. Engaging legal professionals in the legislative process and exploring loan restructuring options can protect national sovereignty. Capacity-building initiatives will further enhance oversight and align debt management with national priorities.
  • Transformative economic policies for gender equity are needed to ensure true inclusion for African women. Addressing systemic issues like unpaid care work and access to credit, along with collective action, is crucial for reshaping economic systems. Effective advocacy and awareness-raising about women’s rights will drive meaningful change.
  • Emphasising the quality of women’s contributions in leadership roles is vital. Supporting women’s voices and implementing enabling policies is crucial. Improved data collection methods can inform advocacy efforts, ensuring that policy decisions reflect the needs and challenges faced by women.
  • The Malabo Protocol seeks to establish the African Court of Justice and Human and Peoples’ Rights, focusing on international crimes and human rights. Despite its potential, only Angola has ratified it, with efforts ongoing to secure the necessary 14 more ratifications by 2027. The Protocol includes provisions for corporate criminal liability and a controversial immunity clause for heads of state.
  • Conducting human rights impact assessments in investment arbitration is essential to ensure human rights are prioritised. International bodies can support this process, and collaboration with civil society organisations is crucial for advocacy. Strengthening domestic legal frameworks and promoting transparency in debt negotiations will protect affected populations’ rights.
  • Strengthening civic space in Africa involves promoting democratic governance, protecting human rights, and supporting civil society organisations. Engaging the international community for accountability and empowering communities to document abuses are essential. Countering government propaganda and utilising strategic litigation will challenge restrictions on civic space.
  • To maximise the benefits of international associations, African lawyers should engage actively, balance advocacy with business, and build professional relationships. Supporting younger lawyers through mentorship is key. PALU can enhance its support by creating mentorship programs, resource directories, and training workshops, advocating for inclusive membership, and establishing legal education centres.
  • Enhancing public interest litigation requires investing in capacity building, fostering collaboration, and conducting public awareness campaigns about citizens’ rights. Advocating for legal reforms to protect litigants and ensuring access to justice are critical, alongside international cooperation to share best practices.
  • Strengthening governance in the extractives sector is vital for sustainable development in Africa. This involves improving transparency, accountability, and regulatory frameworks to prevent illicit financial flows. Negotiating equitable contracts and fostering international cooperation will enable African nations to effectively utilise their natural resources for citizen benefit.
Conclusion

The main conclusion for the conference emphasised the role of lawyers in Africa. Lawyers are crucial in advocating for change and establishing legal frameworks that suit Africa’s context. Their responsibilities include advising revenue authorities for better tax compliance, educating civil society organisations on legal instruments, and engaging with parliamentarians to enhance tax capacity.

PALU supports these efforts by strengthening members’ understanding of international, regional, sub-regional and national legal frameworks.

Addressing gender dimensions in climate change requires integrating gender-sensitive analyses into policies, ensuring women’s participation in decision-making, and highlighting their leadership roles. Raising awareness and building women’s capacities on climate issues is vital for creating equitable and sustainable solutions tailored to the unique contexts of African communities.

Capacity building is key in enhancing the operations of PALU and the legal fraternity in Africa. There are emerging trends in technology, new forms of violations and crimes especially crimes related to the Internet. This conference gave the participants a great opportunity to learn, network and form partnerships. The participants’ main role is to have a plan in their different law firms and other organisations to implement the recommendations in this conference and gear towards the next conference.

See also:

Eunice Masipa LLB (UL) is Vice President of the Law Society of South Africa.

This article was first published in De Rebus in 2025 (Jan/Feb) DR 16.

 

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