Should you open a business in Africa
Considering opening a business in Africa? First take into account what would happen if a vendor on African soil decides not to pay you? International business good practices include efficient contract enforcement through the courts in Africa. Mauritius at 72.22% has the best enforcing contract rate while at 28.84% São Tomé and Principe has the worst enforcing contract rate.
Enforcing contracts in Africa looks at the regulatory environment, this is important for firms to operate. Imagine you are a small business and one of your customers decides not to pay you for your goods or service. Well you need that money because you have outstanding debts that you need to repay or maybe you were counting on that money to make your own purchases or investment.
Judge in South Africa |
One of the ways you have to recover that money is to go to the courts but this only makes sense if the courts are efficient and you are going to spend a little time through the court and not pay high costs. More business would be willing to invest more if they have greater confidence in the African court system to recoup money owed. Efficient contract enforcement is linked with economic development when court systems are efficient and fair.
What is a contract? A contract is a legally enforceable binding document between two or more parties that ties each participant to a written and or verbal agreement creating a legal duty or responsibility. The party that did not breach the contract can ask the court to have the contract cancelled and then sue the breaching party for restitution. All businesses deal with contracts; even if they are unwritten, as with many transactions involving goods or services.
In Africa, an enforacable contract is essential to productive economic development and sustained growth. Economic and social progress cannot be achieved without respect for the rule of law and effective protection of rights, both of which require well-functioning courts that resolves cases in a reasonable time and is predictable and accessible.
African economies with more efficient courts, in which courts can effectively enforce contractual obligations, are associated with more rapid growth and overall, enhancing the efficiency of the judicial system can improve the business climate, foster innovation, attract foreign direct investment and secure tax revenues for struggling African economies.
The three best and worst African countries who enforce business contracts.
Best Contract Enforcing | Percent Enforced |
Mauritius | 72.22 |
Rwanda | 69.11 |
Mauritania | 65.98 |
Worst Contract Enforcing | Percent Enforced |
São Tomé and Principe | 28.84 |
Central African Republic | 31.39 |
Gabon | 32.84 |
The enforcing business contracts score is calculated by three indicators:
Time to resolve the dispute.
How costly are the court costs including attorney fees.
Quality of the court system.
Complete table of Africa's 54 countries percentage of contract enforcement:
African Country | Percent Contracts Enforced |
Algeria | 54.78 |
Benin | 41.5 |
Botswana | 49.99 |
Burkina Faso | 41.05 |
Burundi | 42.97 |
Cabo Verde | 64.84 |
Cameroon | 39.9 |
Central African Republic | 31.39 |
Chad | 45.51 |
Dem. Rep. Congo | 33.28 |
Rep. Congo | 43.99 |
Côte d'Ivoire | 57.6 |
Djibouti | 48.43 |
Egypt | 39.97 |
Equatorial Guinea | 56.17 |
Eritrea | 55.93 |
Eswatini | 36.72 |
Ethiopia | 62.77 |
Gabon | 32.84 |
The Gambia | 50.88 |
Ghana | 54 |
Guinea | 53.87 |
Guinea-Bissau | 38.61 |
Kenya | 58.27 |
Lesotho | 57.18 |
Liberia | 35.22 |
Libya | 48.41 |
Madagascar | 50.04 |
Malawi | 47.4 |
Mali | 42.8 |
Mauritania | 65.98 |
Mauritius | 72.22 |
Morocco | 63.7 |
Mozambique | 39.78 |
Namibia | 63.44 |
Niger | 54.69 |
Nigeria | 61.46 |
Rwanda | 69.11 |
São Tomé and Principe | 28.84 |
Senegal | 50.61 |
Seychelles | 51.25 |
Sierra Leone | 55.92 |
South Africa | 56.88 |
Somalia | 54.58 |
South Sudan | 58.99 |
Sudan | 47.84 |
Tanzania | 61.66 |
Togo | 49.02 |
Tunisia | 58.41 |
Uganda | 60.6 |
Zimbabwe | 39.6 |
Zambia | 50.82 |