Historically, disputes on the African continent were predominantly resolved by community heads, elders, and/or the oldest male in the community. In exceptional circumstances, the first daughter of the family or in a community was called upon to resolve disputes. Due to Africa’s patriarchal society make-up, the men were vested with the responsibility of the maintenance of peace, and conflict-free communities regardless of the challenges that confronted them were them.
This method of dispute resolution was effective and was seen as an informal method of alternative dispute resolution (ADR). Consequently, the informal method of dispute resolution was used, and have been part of the African culture, right before the introduction of the formal ADR as we know it today. The burden of maintaining a conflict-free environment was at times overwhelming, and in such situations a neutral 3rd party was required who had to follow laid down procedural steps to achieve a result. Subsequently, litigation was seen as a means to be considered in dispute resolution. Over the years, litigation has been the conventional method of resolving disputes across the continent. The courts were seen as a sanctuary, and refuge of hope in times of disputes.
Online Dispute Resolution ODR) is the new frontier in the dispute resolution process. There has been an overwhelming positive expectation on the way ODR will work globally and Africa is likely to join the evolving dispute resolution concept. In recent years, technology has taken over virtually all aspects of our lives. This is from online shopping, online banking, online education, to online games, the list goes on and on. Online dispute resolution has been used in e-mediation and turned out a great success for e-commerce.
The emergence of ODR and its successes are notable in eBay, which boasts of resolving over 35 million disputes using its ODR services. Africa as a continent is a goldmine of technological exploration. The success of M-Pesa in East Africa, which uses technology in mobile money transfer is a testament to the advantages and great advancements the continent has made in its use of the vast population of youngsters. With a recommendation, for African legal practitioners to join the global movement. Egypt, South Africa, Ghana, Nigeria, Angola, and Congo have all continued to lead, in court trials.
Most recently these same countries are also leading in the use of ADR in the resolution of disputes. Some will claim, the reason for the lead in the dispute resolution methods, are essentially due to their numerical strength in the number of legal practitioners. Nigeria accounts for the majority of legal practitioners, on the continent. Nigeria in April 2014 became Africa’s biggest economy, leap-frogging South Africa. This was actually due to a long-overdue rebasing of the country’s gross domestic product (GDP). The data indicated that the economy grew to $453bn (£273bn) in 2012, as opposed to $264bn as earlier reported by the World Bank.
Nigeria equally became the 26th largest economy in the world. A major feat that has gained both national and international commendation, with lots of hope for the future of a great nation. According to BBC, some economist asserts that Nigeria’s economic output is underperforming given it 170 million population, which is three times larger than South Africa’s. Therefore, the expectation is massive, with both Nigerians and non-Nigerians expecting the nation to lead in virtually every aspect of human life. South Africa is undeniably the most developed country in Africa, as such Online Dispute Resolution, a technological based process is bound to strive in the country. An uncontested notion, for which she is referred to as “the gateway to Africa”.
All the same, a country still undoubtedly Africa’s most powerful and sophisticated country, doing well economically. As a result, investment has been pouring in, and with this comes the need and use of e-commerce in measures that surpasses every other country on the continent. When measured in terms of the number of Foreign Direct Investment projects and transactions, which includes e-commerce, South Africa was still the leading investment destination.
E-commerce is synonymous with trade, and what better destination to choose, than the most developed and sophisticated country in Africa. This does not mean other countries on the continent are unable to cater for e-commerce trade, rather South Africa a country well disposed to function effectively with already established infrastructures stands a better chance of implementing the modalities required for an effective online dispute resolution process.
South Africa, is currently in talks with third parties on a dispute mechanism specifically dedicated and tailored for the South African. According to Deputy Director of The African Centre for the Constructive Resolution of Disputes (ACCORD), Jerome Sachane, ACCORD, who at the 4th International Africa Peace and Conflict Resolution Conference in July 2014 stated, that ACCORD, as the first dispute resolution organisation on the African continent is exploring all avenues in which ODR can play a significant part in the dispute resolution process, especially with the growth and popularity of e-commerce on the Africa continent. Accordingly, e-arbitration is being explored extensively because of the huge potential it has across jurisdictions within the continent.
