Africa-Press – Malawi. A long-running court fight involving TotalEnergies, the Malawi Government and Prima Fuels will now be decided in Malawi after TotalEnergies withdrew its case in South Africa.
TotalEnergies had taken the matter to the Johannesburg High Court, trying to get an urgent ruling there. But in a letter dated February 2, 2026, the company’s South African lawyers said TotalEnergies has decided to withdraw that application for now.
Although TotalEnergies says it does not agree with earlier court decisions and still believes it was treated unfairly, the withdrawal means the case will now continue in the High Court of Malawi.
Malawi’s lawyer in the case, Lumbani Mbale, who is based in South Africa, said this move clears the way for Malawian courts to finally handle the dispute.
“This means the case will now proceed in the High Court of Malawi. There is no more room for arbitration. That option was already rejected by the court,” Mbale said.
He added that TotalEnergies also seems to be backing away from taking the case to other countries, including the United Kingdom.
“They tried South Africa, they tried London. It looks like they are now stepping back from foreign courts after failing to get what they wanted,” Mbale said.
At the centre of the dispute is a huge amount of money—about 480 million US dollars, which is around K824 billion.
Out of this, the Malawi Government is claiming about 180 million dollars, while Prima Fuels is owed about 300 million dollars.
This money comes from a fuel supply agreement signed in 2002. Under that deal, TotalEnergies was supposed to pay rebates (a form of refund or benefit) to the Malawi Government through its business arrangement with Prima Fuels.
However, TotalEnergies allegedly stopped making these payments in 2006, leading to massive unpaid amounts that have been growing for years.
The legal battle has dragged on for over two decades.
In 2019, the case was sent to arbitration in South Africa, but that process later collapsed, forcing the matter back to Malawi.
In November 2025, the Malawi Supreme Court of Appeal made a strong ruling. It dismissed TotalEnergies’ attempts to block the case and ordered that the full trial must take place in Malawi within 45 days.
The court also ordered TotalEnergies to pay legal costs.
Despite this, TotalEnergies continued trying to move the case to foreign courts, including launching new arbitration in London and filing fresh applications in South Africa.
Malawi’s Attorney General, Frank Mbeta, described this behaviour as “forum shopping” — meaning trying to find a court that gives you a more favourable outcome instead of respecting local courts.
He said this was a direct challenge to Malawi’s judicial authority.
Now that TotalEnergies has withdrawn the South African case, all eyes return to the High Court in Lilongwe, where the main trial is expected to finally begin.
Why Malawians should care
This case is not just about lawyers and courtrooms. It is about public money.
K824 billion is enough to:
Build major hospitals
Repair roads across the country
Fund schools and universities
Buy medicines and fuel reserves
If the government wins, part of this money could return to Malawians.
The case also raises a bigger issue: whether powerful multinational companies can avoid African courts by running to Europe and other countries when disputes arise.
For many Malawians, this case is now a test of whether the country’s justice system can stand firm against global corporations — and whether Malawi can finally recover money that may have been lost for nearly 20 years.
For More News And Analysis About Malawi Follow Africa-Press
