Total steps back from South Africa court, big fuel case now returns to 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. 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.

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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—about480 million US dollars, which is aroundK824 billion. Out of this, the Malawi Government is claiming about180 million dollars, whilePrima 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.

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