TotalEnergies Withdraws Case in South Africa, Turns To Malawi Court

TotalEnergies has pulled out of the Johannesburg High Court and the case will now continue in the High Court of Malawi.

The 20-year long-running court fight involves TotalEnergies, the Malawi Government and Prima Fuels. It will now be decided in Malawi after TotalEnergies withdrew its case in South Africa.

Topafricanews has established that the dispute is a gigantic amount of money—about U$480 million.

From this money the Malawi Government is claiming about U$180 million, while Prima Fuels is owed about U$300 million.

According to those familiar with the case, TotalEnergies had taken the matter to the Johannesburg High Court, trying to get an urgent ruling there.

However, in a letter dated February 2, 2026, the company’s South African lawyers said TotalEnergies has decided to withdraw that application for now.

TotalEnergies says it does not agree with earlier court decisions and still believes it was treated unfairly.

Lumbani Mbale a Lawyer representing Malawi in the case said the withdrawal move clears the way for Malawian courts to finally handle the dispute.

Mbale is based in South Africa and has been involved in putting up Malawi’s argument.

“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.

According to Mbale 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.

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.