ARTICLE · 26 MAY 2024

Revised OHADA Uniform Act On Debt Recovery And Enforcement – "A Major Qualitative Leap"

ENS

Explore more from ENS

One of the main pillars of the legal framework established by the Organization for the Harmonization of Business Law in Africa...

South AfricaLitigation, Mediation & Arbitration

Guillaume Blanc

Author LinkedIn connections

One of the main pillars of the legal framework established by the Organization for the Harmonization of Business Law in Africa (l'Organisation pour l'Harmonisation en Afrique du Droit des Affaires ("OHADA")) is the simple, swift and effective recovery of debt by creditors across the 17 OHADA member states.

The revised Uniform Act Organizing Simplified Recovery Procedures and Enforcement Measures (the "Revised AUPRSVE") was adopted by the OHADA Council of Ministers on 17 October 2023 to facilitate this objective. Published on 15 November 2023 in the OHADA Official Gazette, the Uniform Act came into effect on 16 February 2024 and repeals and replaces its predecessor Uniform Act Organizing Simplified Recovery Procedures and Enforcement Measures which was adopted on 10 April 1998 ("1998 Uniform Act").

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Related Articles

Unlawful Conduct Is Not Enough: A Final Interdict Requires Proof Of Harm Or A Reasonable Apprehension Of Harm

South AfricaLitigation, Mediation & Arbitration

Amendments To The Rules For The Conduct Of Proceedings Before The Commission For Conciliation, Mediation And Arbitration

South AfricaLitigation, Mediation & Arbitration

The Court Will Not Allow A Director’s Removal If It Becomes A Fait Accompli

South AfricaLitigation, Mediation & Arbitration

The Importance Of Complying With A Court Order

South AfricaLitigation, Mediation & Arbitration

No Easy Escape From Gauteng’s Mandatory Mediation Regime

South AfricaLitigation, Mediation & Arbitration

Cliffe Dekker Hofmeyr

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Litigation, Mediation & Arbitration
- Trials & Appeals & Compensation

Related Comparative Guides

Comparative Guide

Class Actions

Comparative Guide

International Arbitration

Comparative Guide

Litigation

See more popular content from

Litigation, Mediation & Arbitration

Long Wait Ahead - Lead Times For Dates Of Hearing From The Johannesburg High Court As At 30 May 2025

The Deputy Judge President ("DJP") of the Johannesburg High Court published a further bulletin of lead times for the set down of matters for hearing by the Johannesburg High Court...

South AfricaLitigation, Mediation & Arbitration

Understanding Contingency Fee Agreements Or Better Known A No-Win-No-Fee Agreement In South African Law

When facing a legal matter, one of the biggest concerns for many South Africans is the cost of hiring a lawyer. Legal fees can be expensive, especially in personal injury or medical negligence cases. This is where contingency fee agreements come into play.

South AfricaLitigation, Mediation & Arbitration

Beach Weather | Legal Marketing

What Are General Damages In South Africa?

In South African law, general damages refer to compensation awarded to a person for non-patrimonial loss—that is, losses that cannot be calculated in exact monetary terms.

South AfricaLitigation, Mediation & Arbitration

Beach Weather | Legal Marketing

The Importance Of Complying With A Court Order

A South African High Court case examines whether sustained defiance of a court interdict—including broken locks, torn orders, burning tyres, and a false alibi—constitutes contempt of court beyond reasonable doubt. The judgment addresses the four requirements for contempt and the consequences of brazen disregard for judicial authority.

South AfricaLitigation, Mediation & Arbitration

Ghost Authorities: AI Hallucinations In The Courtroom

A South African Labour Court has stayed disciplinary proceedings after discovering that the chairperson's ruling relied on AI-generated, fictitious case citations. The judgment examines whether blind reliance on artificial intelligence tools constitutes a failure to apply independent legal reasoning, and what consequences flow from submitting fabricated authorities to courts and tribunals.

South AfricaLitigation, Mediation & Arbitration

End Of Concurrent Jurisdiction: Understanding The New Jurisdictional Boundaries In The Gauteng Division Of The High Court Of South Africa

A significant jurisdictional change has taken effect in South Africa's Gauteng Division of the High Court, ending the concurrent jurisdiction between Johannesburg and Pretoria seats that existed since 2018. Each seat now has defined geographical boundaries based on magisterial districts, requiring practitioners to carefully determine proper jurisdiction when instituting proceedings.

South AfricaLitigation, Mediation & Arbitration

Johannesburg High Court Case Flow Times (July 2026)

The Johannesburg High Court has published lead times for setting matters down for hearing, revealing significant delays across various case types. With opposed applications facing 18-week waits and long-duration trials not being heard until 2028, the bulletin raises questions about court capacity and potential solutions to address mounting backlogs.

South AfricaLitigation, Mediation & Arbitration

Rescission Refused: Negligence Is Not Good Cause Under Rule 42(1)(a) Or The Common Law

The Supreme Court of Appeal examines whether a pension fund can successfully rescind a default judgment when its absence from proceedings resulted from internal administrative failures. The case explores the boundaries between procedural error and voluntary default, testing whether gross negligence in responding to legal process can be excused by the strength of a potential defence.

South AfricaLitigation, Mediation & Arbitration

Anton Piller Orders: Preserving Evidence On An Urgent Basis

If you have ever sued someone or been sued, you will no doubt have asked your attorney, "How do I know that they won't destroy the evidence that is vital to me proving my case?".

South AfricaLitigation, Mediation & Arbitration

No Easy Escape From Gauteng’s Mandatory Mediation Regime

A recent Gauteng High Court judgment confirms that mandatory court-annexed mediation cannot be avoided simply because parties are hostile toward each other or believe the process will be futile. The court ordered an uncooperative defendant to participate in mediation, establishing that only exceptional circumstances will excuse parties from the process introduced by the Directive and Protocol.

South AfricaLitigation, Mediation & Arbitration

Cliffe Dekker Hofmeyr