Africa Forum Conflict Resolution Centre agreement signed at AFSA JAW 2026

AFSA chairman Adv Michael Kuper and HE Joaquim Alberto Chissano signed a Letter of Understanding at Johannesburg Arbitration Week 2026

The agreement, signed during the opening session of Johannesburg Arbitration Week (JAW) 2026 at the Sandton Convention Centre, establishes the Africa Forum Conflict Resolution Centre (AFCRC), a flagship initiative that harnesses the collective wisdom and experience of Africa’s former leaders alongside AFSA’s world-class arbitration and mediation expertise.

Addressing Africa's Conflict Challenges
The AFCRC seeks to address Africa’s persistent conflict challenges through home-grown, sustainable solutions. With over 50 active armed conflicts currently ongoing across the continent, the Centre will focus on high-level mediation and negotiation support using informal and formal processes; training and capacity building, with a strong emphasis on African women mediators; creating a pool of skilled, high-level negotiators and mediators; capturing lessons learned to develop an authentic African conflict resolution model; and supporting the African Union, Regional Economic Communities, and national governments with practical, experience-backed interventions.

The initiative combines the moral authority and lived experience of 37 former African presidents with AFSA’s institutional arbitration and dispute resolution infrastructure.

Joaquim Alberto Chissano, also chairperson of the Africa Forum, who signed on behalf of the Forum, stated: “There is no substitute to constructive dialogue that takes into account the interests of all concerned parties in conflict. Africa needs to develop and inculcate a culture of tolerance and a sense of commitment to promote an environment conducive to peace.”

During the session, Chissano reflected on his journey from freedom fighter to mediator, recounting his appointment by Kofi Annan in 2005 to navigate and mediate a tense presidential election in Guinea-Bissau, where he emphasised the importance of listening to all political and non-political factions to achieve reconciliation.

Kenyatta, former president of Kenya, added: “The problems of this continent are historic. We need to overcome our challenges. Now we see divisions, but I believe forums like this can play a significant role for the continent to unite.”

Adv. Michael Kuper SC, chairman of AFSA, who signed on behalf of AFSA, described the partnership as a 'rare opportunity' and a constructive framework that brings together senior African statesmen and institutional capacity in dispute resolution.

A focus on women

A core component of the AFCRC is the training and development of African women as high-level mediators and technical advisors. The Centre will specifically train a cadre of women in conflict prevention, mediation support, peace operations, reconciliation, transitional justice, and broader peace-building, enabling them to play meaningful roles in high-level mediation teams and at peace tables across the continent.

Ellen Johnson Sirleaf, former president of Liberia, Africa's first elected female head of state and Nobel Peace Laureate, strongly endorsed this focus. “Women are the backbone of peace and reconciliation. Even though women are [often] the victims, they are the ones who stand up. They are the ones who are able to promote peace and reconciliation.

“In Liberia, we demonstrated this by playing a leading role in resolving the political crisis in the Gambia. Our strong partnership with Ghana and the broader ECOWAS region proved that when women are part of the solution, we bring a different perspective that helps deliver lasting peace,” she noted.

Moderated by Leslie Mkhabela, the session saw the former heads of state outline the nature of disputes in Africa, the strengths and limitations of current AU and regional responses, and the critical role of mediation and arbitration in addressing the root causes of conflict.

During the session, 'Arbitration Through the Eyes of the Bench: Practice Pitfalls and Perspectives', Judge Roland Sutherland highlighted that courts are often overburdened by demand and lack of capacity.

The agreement establishes the Africa Forum Conflict Resolution Centre

Judge Norman Davis ADJP agreed: “We have seen cases where the courts proceeded despite arbitration clauses, which places greater strain on the judicial system.” Party autonomy, he explained, is a core principle in arbitration. “Parties to a dispute have the binding legal right to agree on how their dispute will be resolved, including whether to arbitrate instead of going to court, which arbitrators to appoint, what rules and laws apply, and the procedures to follow. Party autonomy is not advisory.”

Judge Lebo Modiba ADJP added: “Courts must respect arbitral finality, especially under section 33 where tribunals are overstepped, party agreements on arbitration demand judicial guardianship, not interference.”

Judge Modiba’s recent judgments were highlighted as reinforcing that party autonomy in arbitration is not merely advisory but must be respected by the courts.

The panel discussion, moderated by Adv Lindi Nkosi-Thomas SC, AFSA vice-chair and also featuring Sir Clive Freedman, emphasised the importance of maintaining a pro-enforcement approach to arbitration, highlighting AFSA interventions and 'international opt-ins' like Singapore's as models for strengthening the arbitration ecosystem.

During the session titled 'AFSA@30: Founding and Growth', moderated by Prof Michael Katz, panellists reflected on AFSA’s 30-year journey. The panel included Kuper, AFSA board member Des Williams, China-Africa Joint Arbitration Centre CEO Deline Beukes, and AFSA International Panel members Susan Mutangadura and James Banda. The speakers focused on AFSA’s evolution and its growing role as a trusted arbitration institution on the continent.
Kuper further called for reform in the arbitration sector, noting that there was a significant need to empower young professionals to take up leadership roles. “At the next JAW, I do not want to sit here; I want to see the young generation taking over the leadership of AFSA,” he said.

The ways in which evolving trade dynamics are reshaping dispute resolution across emerging markets was discussed during the “BRICS, AfCFTA & the Fading Rules-Based Order: What This Means for Arbitration” session.

Moderated by Jackwell Feris, director and sector head at Cliffe Dekker Hofmeyr Inc, the panel featured Bruno Barata, senior partner at BCDM Law Firm; Brent Williams, CEO at Cliffe Dekker Hofmeyr Inc; Arthur Ma, partner at DaHui Lawyers; and Stanislav Karandasov, partner at Asari Legal.

The discussion highlighted the growing impact of tariffs, trade tensions, and geopolitical shifts on supply chains and investment decisions, as well as the increasing strain on the traditional rules-based global order. Perspectives from BRICS jurisdictions illustrated a broader trend toward regional arbitration hubs, alongside legal and institutional reforms aimed at aligning with international standards and attracting global users.

The conversation also touched on the role of technology, particularly AI, in enhancing efficiency and accessibility in arbitration, while underscoring the continued importance of human judgment in decision-making.

In a session titled, 'Beyond Expropriation: Performance Obligations, Resource Nationalism and Mining Arbitration in Africa', moderator and Webber Wentzel partner Prianka Soni set the scene by highlighting that mining disputes today are less about whether an investment has been taken or expropriated, and more about whether the investor did what it was required to do. This is a shift which has profound implications for how projects are structured and risks allocated from day one.

The panel included insights from Kudakwashe Chitanga, legal manager, First Quantum Minerals, Michael Schottler, head of legal: Global Disputes and interim head of legal: South Africa at Anglo American, Talex International partner and AFSA court member Diamana Diawara, as well as Nick Alp, partner at Webber Wentzel.

The final session for the day, 'Reseating Africa: Structural Reform, Judicial Confidence and the Rise of African Arbitral Hubs', was moderated by Prof Dr Lindelwa Mhlongo. Panellists Priyesh Daya, Charles Martin Mhone, Adv Pule Seleke SC and Mojau Ramathe highlighted how reforms were changing the arbitration landscape, including Zambia's arbitration framework architecture and Kenya's legislative reform.

“We have seen this in Zambia, which has issued a decree that all SOEs need to resolve disputes through arbitration and the Zambian Arbitration Centre, and in Kenya, that is also undergoing legislative reform,” said Daya.

AFSA CEO Andile Nikani emphasised the importance of bridging the gap between legal frameworks and real-sector challenges in mining, energy, infrastructure, and financial services.

AFSA CEO Andile Nikani welcomed delegates to AFSA JAW 2026