Debt Recovery in Africa

The African market: Why is debt recovery so difficult?

When a Czech company faces a situation where an African debtor fails to pay, it often finds that standard procedures known from the Czech Republic or the EU do not work. Individual states have entirely different legal systems, varying levels of legal protection, and courts that function to very different standards. Recovering a receivable in countries associated within the OHADA organisation requires a different approach than recovery in South Africa or Egypt. Our EU-based attorneys at ARROWS advokátní kancelář have experience in international disputes and know what legislative and procedural obstacles may arise in the given country.

Key features of the legal environment in Africa

African legal systems are often a combination of different legal traditions. In some states, Anglo-Saxon law (Common Law) prevails; in others, continental law based on the French or Portuguese system (Civil Law).

Islamic law (Sharia) or local customary law may also play a role. When setting jurisdiction, applicable law, and the method of dispute resolution in cross-border relationships, advice within the scope of international law may also help. Legislation may change dynamically, and enforceability may be affected by institutional instability or corruption.

A fundamental issue is the absence of bilateral treaties on mutual recognition and enforcement of court decisions between the Czech Republic and most African states. A Czech court judgment is therefore not automatically enforceable in Africa.

The process of its recognition (so-called exequatur) can be complex, lengthy, and in some cases practically impossible. An exception is international arbitration, where the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards provides a much higher degree of certainty. The practical impact of choosing arbitration versus court proceedings in cross-border recovery is also illustrated by the article How to recover receivables in Brazil: A legal guide for Czech companies.

Practical obstacles to recovery

The first obstacle is the length and unpredictability of court proceedings. In many African states, courts are overloaded and proceedings for payment of a monetary amount can take many years. Navigating such an environment without a qualified local legal representative is highly risky for a Czech entity.

Even if a Czech creditor obtains a favorable judgment or arbitral award, its actual implementation runs into the lack of asset registers, land registries, or central account records. Tracing the debtor’s assets is therefore extremely difficult.

The third obstacle is costs. Conducting a dispute in Africa requires engaging local counsel, paying court fees, arranging certified translations, and legalising documents (superlegalisation or an apostille). For lower-value claims, the return on judicial recovery is therefore often not economically viable.

Preparatory phase: How to avoid problems

ARROWS advokátní kancelář’s practice shows that prevention is the most effective tool for protecting receivables. When entering into a business relationship with a partner in Africa, it is necessary to think about an “exit strategy” in case of non-performance. An “exit strategy” typically also includes the choice of security instruments and procedural tactics, supported by our agenda in commercial and litigation disputes.

Solvency verification (Due Diligence)

Before entering into a contract, a Czech company should carry out thorough due diligence of the partner’s creditworthiness and legal existence. It is essential to verify whether the company is duly registered in the local commercial register, who its statutory bodies are, and whether it is insolvent. In the African environment, this verification is crucial, as a party’s formal existence may not correspond to its actual economic strength.

ARROWS advokátní kancelář is able, through its partners, to arrange verification of entities in various African states. Such screening may reveal risk factors—such as a short corporate history, frequent changes of registered office, or involvement in litigation. The cost of this verification is negligible compared to the potential loss of the entire contract value.

Proper contractual arrangements and an arbitration clause

The main element of legal certainty is a precisely drafted contract. It must include clear payment terms, delivery terms (INCOTERMS), and above all a high-quality dispute resolution clause. For setting payment mechanisms and contractual penalties in B2B cooperation, the related text Unpaid receivables in B2B: When can a loss from invoices be claimed as a tax-deductible expense and meet the strict requirements of the tax authority may also be useful. In the context of trade with Africa, it is generally inappropriate to agree on the jurisdiction of Czech general courts.

The ideal solution is to agree on an international arbitration clause. The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been ratified by more than 170 countries worldwide, including most major African economies (e.g., South Africa, Nigeria, Egypt, Kenya).

The contract should clearly define that the dispute will be resolved through arbitration and specify the seat of arbitration (ideally in a neutral country that is a signatory to the New York Convention). It is also necessary to determine the language of the proceedings and the governing law (typically Czech law or the law of a neutral country, if the other party accepts it).

Amicable debt recovery phase: The most effective approach

If the debtor does not pay, out-of-court (amicable) recovery in Africa is often the fastest and most cost-effective route. ARROWS attorneys recommend starting the process with systematic pressure and negotiations that respect local customs.

Pre-action demand letter and communication

The first step is sending a formal pre-action demand letter (payment reminder). If this demand is sent by a Prague-based law firm, it has a significantly greater psychological impact on the debtor than a standard email from the sales department. It signals that the creditor is prepared to pursue the matter through legal channels.

In the African environment, however, service by post or email often fails. It is crucial to establish contact with a person who has real decision-making authority. Cooperation with local partners has proven effective here, as they can contact the debtor by phone or in person.

Negotiation and debt restructuring

An effective strategy is often to agree on an instalment schedule or a debt acknowledgement in the form of a notarial deed (if permitted by local law), which may serve as a directly enforceable title. In some cases, it is economically rational to agree to a partial waiver of accessories (interest) in exchange for immediate payment of the principal.

ARROWS, a Prague-based law firm, conducts negotiations with debtors with the aim of reaching an out-of-court settlement (Settlement Agreement) that is acceptable for the client and saves the costs of lengthy disputes lasting many years.

Judicial debt recovery in Africa: Process and risks

If amicable solutions fail, the next phase is court or arbitration proceedings.

Choice of jurisdiction and law

If the contract contains neither an arbitration clause nor a choice of law, the dispute is usually governed by the law of the debtor’s country and the competent courts are the local courts there. This is the least advantageous position for a Czech creditor. Legal systems in African countries differ—for example, South Africa operates a system based on Roman-Dutch law and English law, Nigeria uses Common Law, and Francophone Africa applies law derived from the Code Civil.

Procedural specifics

Court proceedings in Africa tend to be less formal in terms of courts adhering to deadlines, but often very formalistic in document requirements. Czech documents must be officially translated (typically into English, French, Portuguese, or Arabic) and provided with higher authentication (apostille or superlegalisation).

The burden of proof lies with the claimant. It is necessary to have perfectly documented delivery of goods or services (signed delivery notes, handover protocols, customs declarations). Email correspondence may not be recognised in some jurisdictions as full-fledged evidence without additional verification.

Length of proceedings and costs

You should expect that a court dispute at first instance may take years. With appeal proceedings, the duration may extend to 5 years or more. Costs include the fees of local legal counsel, court fees, and translation costs. These expenses must be paid in advance by the creditor.

Enforcement and execution of decisions

Obtaining a final judgment or an arbitral award is only the first step. This is followed by the enforcement phase.

Enforceability issues

African states often lack effective mechanisms for tracing assets. Banking secrecy may be strict, real estate registers incomplete, and debtors often transfer assets to related parties. Successful enforcement requires an active approach—often it is necessary to hire private investigators to identify assets (assets tracing).

Cooperation with local entities

For this phase, cooperation with local enforcement officers (Bailiffs/Sheriffs) or specialised collection agencies with knowledge of the local environment is essential. ARROWS attorneys work with vetted partners within international networks, which increases the chances of successful asset tracing and securing assets.

Main threats when recovering debts in Africa

Strategic approaches: Prevention and security

The best defence is to minimise risk even before a receivable arises.

Security instruments

In trade with Africa, we recommend using documentary letters of credit (Letter of Credit) confirmed by a reputable bank, bank guarantees, or export credit insurance (e.g., with EGAP). Advance payments or partial deposits should be the standard for new business partners.

Local legal support

Cooperation with a Prague-based law firm with international reach enables a Czech company to have support within the legal systems of both countries. ARROWS advokátní kancelář acts as an intermediary that translates the client’s requirements into the reality of the African legal system—and vice versa.

Special topic: Cultural specifics

In Africa, personal relationships and trust often play a greater role than the formal wording of a contract.

Communication and relationship-building

A hard, confrontational enforcement style can be counterproductive in some cultures and lead to a complete breakdown in communication. In many cases, respectful but firm negotiation is more effective, allowing the debtor to “save face”. The role of an intermediary (a mediator or lawyer) is key here.

Network of contacts

In countries with less transparent systems, knowledge of the local environment and contacts within public authorities is essential for an effective approach. Local lawyers know how processes work in practice, not just on paper. The ARROWS International network enables us to select partners for clients who are not only highly competent, but also of impeccable integrity.

Conclusion

Debt recovery in Africa requires specific know-how, patience, and realistic expectations. The foundation of a successful solution is prevention—a high-quality contract with an arbitration clause and proper counterparty screening. If the debt has already arisen, it is necessary to act quickly and use experts with knowledge of international law and the local environment.

The attorneys at ARROWS advokátní kancelář have been dealing with this area for a long time. We carry professional liability insurance in the hundreds of millions of Czech crowns and have a network of foreign partners. If you are dealing with a business matter in Africa, do not hesitate to contact us for a consultation at consultation@arws.cz.

Read also:

• How can a Nigerian company litigate in the Czech Republic
• How can an Ethiopian company litigate in the Czech Republic
• How can a Ghanaian company litigate in the Czech Republic
• Debt Recovery in Bosnia and Herzegovina: A Guide for Czech Creditors
• Accounting vs Tax Write-Offs of Unpaid Invoices Under Czech Law