Thabo Chakaka-Nyirenda, Attorney General of the Republic of Malawi, has emphasized the need for arbitration to evolve and support Africa’s sustainable energy transition.
In a keynote speech at the Paris Arbitration Week Reedsmith, 112 Avenue Kleber Paris, France, Chakaka-Nyirenda highlighted the complexities of navigating the legal and developmental terrain in Africa’s energy sector.
He said Africa has vast renewable energy potential, but only 2% of new renewable energy capacity globally was accounted for in 2019, highlighting a significant gap and opportunity for growth. Arbitration must integrate sustainability principles without compromising fairness and consider the spirit of developmental goals, not just the letter of the law.
“Harmonizing laws across jurisdictions is vital, extending to rules of statutory interpretation, judicial reasoning, and frameworks for implementing and enforcing laws,” he said. “Malawi is advancing a clean energy agenda, investing in solar, hydropower, and biogas systems, and strengthening legal and institutional frameworks for sustainable energy projects.”
The Malawi AG further said the energy transition requires significant capital, and African nations must strategically negotiate and manage sovereign debt to avoid undermining long-term development and national sovereignty.
He also highlighted the necessity of creating transparent and fair frameworks for sharing carbon credit proceeds, enabling Africa to capture the full value of its clean energy production.
“There is an urgent need to establish transparent and equitable frameworks for the sharing of carbon credit proceeds. Africa must not only supply clean energy we must also benefit from the full value chain it generates,” stressed Chakaka-Nyirenda.
According to Chakaka-Nyirenda, as the world integrates Artificial Intelligence (AI), blockchain, and smart energy systems, new legal risks emerge, including data ownership, algorithmic accountability, and cybersecurity breaches. Arbitration must be ready to address these challenges.
The Attorney General continued by underscoring the imperative for arbitration to adapt and support developmental goals of nations. “Arbitration must not become a courtroom frozen in time. It must evolve to support justice, sustainability, and the development aspirations of nations,” he added.
He said Malawi is actively advancing a clean energy agenda investing in solar, hydropower, and biogas systems. He added that the country is also are strengthening legal and institutional frameworks to ensure that energy projects are bankable, sustainable, and equitably governed.
Meanwhile, Chakaka-Nyirenda has called for a collaborative approach to build a shared legal infrastructure for a sustainable future, prioritizing law that protects, politics that unite, and sovereignty that empowers.
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