# TRSL Jurisdiction Research: Africa (Representative Jurisdictions)

**Document status:** Research artifact, Stage 0 (`workplans/TREV-WP-0004-global-jurisdiction-research.md` T07)
**Not legal advice.** Findings drawn from web research (searched 2026-07-29). Representative-jurisdiction survey, not exhaustive, per the workplan's own scoping caution.

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## 1. This pass did not find CUA-specific contract-law findings for either anchor jurisdiction

Unlike the other WP-0004 jurisdiction tasks, this research pass's searches were weighted toward `workplans/TREV-WP-0005-enforcement-network-research.md` T07's contingency-fee question (see `history/260729-TREN-Jurisdiction-Africa.md`) and did not separately surface South African liability-cap/indemnification enforceability case law, POPIA's specific requirements for a CUA-style Data Processing Addendum, or OHADA's harmonized commercial-contract uniform acts' treatment of liability caps or choice of law. **This is a genuine gap in this pass, not a finding that these are low-risk** — flagged honestly rather than silently left blank.

## 2. What is confirmed, carried over from the TREN research pass

- **OHADA** is a real, directly-enforceable harmonized business-law framework across 17 (mostly Francophone, civil-law) member states, with its own apex court (Common Court of Justice and Arbitration, Abidjan) — this at least confirms OHADA member states share a common commercial-law framework, which is a meaningful head start for eventually drafting a single OHADA-wide rider rather than needing one per member state, if OHADA's uniform acts do turn out to cover the relevant CUA topics (not yet confirmed).
- **South Africa** operates under its own domestic legal system (common-law derived, distinct from OHADA) — a South African rider would need to be researched independently of any OHADA finding, not treated as covered by it.

## 3. Summary for the WP-0004 feasibility matrix (T10)

| Question | South Africa | OHADA zone |
|---|---|---|
| Liability cap / indemnification enforceability | **Not researched — open** | **Not researched — open** |
| Data protection regime | POPIA exists (referenced, not researched in depth) | Not researched |
| Foreign governing-law/venue enforceability | Not researched | Not researched |

## 4. Open items for T10 synthesis

- This task should be re-run with contract-law-specific searches (POPIA requirements, South African liability-cap case law, OHADA's Uniform Act on General Commercial Law provisions if any address liability/choice-of-law) before T10 can treat Africa as adequately covered for the CUA's own terms, as distinct from the Enforcement Network's contingency-fee question.
- Nigeria, Kenya, and Egypt remain completely unresearched for both workplans, as originally scoped.