The short answer
47 terms you meet when you hire a lawyer or do business in Africa – across common-law, civil-law and OHADA countries, in English, French and Portuguese.
A
- Advocate
- A lawyer admitted to appear in court. In Kenya, Uganda, Tanzania, South Africa and other countries “advocate” is the formal title; in South Africa advocates are a separate branch of the profession from attorneys.
- Advogado
- The Portuguese title for a lawyer, used in Angola, Mozambique, Cabo Verde, Guinea-Bissau and Sao Tome and Principe.
- AfCFTA
- The African Continental Free Trade Area – the agreement to create a single market for goods and services across Africa. African trade blocs.
- Apostille
- A certificate that confirms the signature and seal on a public document so it can be used in another member state of the 1961 Apostille Convention. Which African countries accept apostilles.
- Arbitration
- A private process in which one or more arbitrators decide a dispute, instead of a court. The award is binding and can be enforced abroad under the New York Convention.
- Attorney
- In South Africa and some neighboring countries, a lawyer who advises clients directly, drafts documents and may appear in lower courts; often works alongside an advocate.
- Avocat
- The French title for a lawyer admitted to the bar (barreau) – used across French-speaking Africa, from Senegal to Cameroon to Morocco.
B
- Bar association / law society
- The professional body for lawyers. In many countries it, or a separate council, admits lawyers and keeps the official roll.
- Barrister and solicitor
- In Nigeria, Ghana and other common-law countries a lawyer is usually enrolled as both – able to advise clients and appear in court.
- Batonnier
- The elected head of a bar (barreau) in French-speaking countries.
- Branch
- A foreign company’s local establishment that is not a separate legal entity – the parent company stays liable for it.
C
- CCJA
- The OHADA Common Court of Justice and Arbitration in Abidjan – the final court for OHADA law and an arbitration body.
- Certified translation
- A translation signed by a translator recognized by the authority that will receive it. Often required for documents in another official language.
- CFA franc
- The two currencies shared by 14 countries: the West African CFA franc (XOF) of UEMOA and the Central African CFA franc (XAF) of CEMAC.
- Civil law
- A legal system built mainly on written codes, inherited from France, Portugal, Belgium or Spain.
- Commissioner for oaths
- A person authorized to administer oaths and witness affidavits and statutory declarations.
- Common law
- A legal system built on statutes and on court decisions as binding precedent, inherited from England. Legal systems of Africa.
- Company registry
- The official body where companies are registered and their records kept – for example the CAC in Nigeria or CIPC in South Africa. Every doing business page names it.
- Conflict of interest
- A situation where a firm’s duties to another client, or its own interests, could affect its advice to you. Firms check for conflicts before taking a matter.
- Conveyancer
- A lawyer qualified to handle the transfer and registration of land and property.
- Customary law
- Rules drawn from the customs of a community, recognized by courts in many African countries, often for family, inheritance and land.
D
- Double taxation agreement
- A treaty between two countries that decides which one may tax an item of income, so it is not taxed twice in full.
E
- Engagement letter
- The written agreement between a client and a law firm on scope, fees, billing and who does the work. Ask for one before work starts.
- Exchange control
- Rules set by a central bank on moving money into and out of a country, holding foreign currency and paying dividends abroad.
- Exequatur
- A court order that allows a foreign judgment or arbitral award to be enforced locally.
H
- Huissier de justice
- A court officer in French-speaking countries who serves legal documents and enforces judgments, for example by seizing assets.
I
- ICSID
- The International Centre for Settlement of Investment Disputes, part of the World Bank Group, which administers investor-state arbitrations under the 1965 ICSID Convention.
- Investment promotion agency
- The government agency that markets a country to investors and often handles investor registration, incentives and aftercare.
L
- Legalization
- The chain of certifications – usually ending at an embassy or consulate – that a foreign public document needs in countries outside the Apostille Convention.
N
- New York Convention
- The 1958 treaty under which member states recognize and enforce foreign arbitral awards. Status in all 54 countries.
- Notaire / notary
- In civil-law countries, a public officer who drafts and authenticates deeds – property sales, company articles, marriage contracts – and keeps the originals. In common-law countries a notary public mainly certifies documents.
O
- OHADA
- The Organization for the Harmonization of Business Law in Africa – 17 countries that share Uniform Acts on business law. OHADA explained.
- One-stop shop (guichet unique)
- A government office or portal where an investor can complete several registrations – company, tax, social security – in one place.
P
- Power of attorney
- A document by which one person or company authorizes another to act on its behalf. Used abroad, it usually needs notarizing and an apostille or legalization.
R
- RCCM
- The Registre du Commerce et du Credit Mobilier – the trade and personal-property securities register in OHADA countries, where companies are registered.
- Representative office
- An office that promotes or researches for a foreign company but usually may not trade or sign contracts locally.
- Roll of practitioners
- The official list of lawyers admitted to practise. Checking a name on the roll is the simplest way to confirm admission. See check a lawyer.
- Roman-Dutch law
- The mixed civil-law and common-law system of South Africa, Botswana, Namibia, Lesotho, Eswatini and Zimbabwe.
S
- SA, SARL, SAS
- Common company forms in French-speaking and OHADA countries: the public limited company (societe anonyme), the private limited company (societe a responsabilite limitee) and the simplified joint-stock company.
- Seat of arbitration
- The legal home of an arbitration. Its law governs the procedure and its courts supervise it – not necessarily where hearings take place.
- Senior Advocate of Nigeria (SAN)
- A rank conferred on a small number of Nigerian lawyers for distinction in the profession – similar to Senior Counsel or Queen’s/King’s Counsel elsewhere.
- Senior Counsel (SC)
- A senior rank conferred on experienced advocates in South Africa, Kenya, Zimbabwe and other countries.
- Islamic law, applied in many North and East African countries and in northern Nigeria, mainly to family and inheritance matters.
- Subsidiary
- A locally incorporated company owned by a foreign parent – a separate legal entity under local law.
U
- Uniform Act
- A law adopted by OHADA that applies directly in all its member states – for example on commercial companies, securities or arbitration.
W
- Withholding tax
- Tax deducted at source by the payer – for example on dividends, interest, royalties or service fees paid to a foreign company.
- Work permit
- Permission for a foreign national to take employment in a country – usually separate from a residence permit or visa.
Plain-English definitions for general information, not legal advice. Meanings and rules vary between countries.