African Insurance Law (Law/Business crossover) | 15 October 2005
Challenges and Opportunities in Legal Frameworks Post-Conflict São Tomé and Príncipe
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Abstract
São Tomé and Príncipe is a small island nation in the Gulf of Guinea with a history marked by political instability and conflict from its independence in to the mid-2000s. An action research study employing semi-structured interviews with key stakeholders including judges, lawyers, and civil servants to gather insights on the current state of legal frameworks governing insurance contracts. Interviews revealed a significant reliance on customary laws in insurance disputes, with approximately 70% of respondents citing this as a major challenge. Additionally, there was limited access to judicial precedents from similar cases, which impacted consistency and predictability in rulings. The legal system in post-conflict São Tomé and Príncipe struggles with the integration of customary practices into formal law, leading to inconsistent application of insurance laws. Recommendation for policymakers is to develop a comprehensive legal framework that integrates both customary and statutory provisions, ensuring consistency and fairness in the interpretation and enforcement of insurance contracts.