Expert Witness

Africa Analysis has provided expert witness in various legal disputes settled in different legal jurisdictions. The expert witness roles that Africa Analysis has fulfilled are:

  • Appointed to review, analyse and provide expert opinion; and
  • Appointed to provide an expert opinion that is put before the court or arbitrator.

The following projects demonstrate the roles that Africa Analysis has undertaken:

Equipment Vendor – Claim over Technology Evolution Path

Africa Analysis was requested to be an expert witness in a court case involving a telecommunications service provider and an equipment vendor in West Africa. The service provider (plaintiff) argued that the equipment vendor failed to notify it about the future technology development path, which the vendor planned to pursue. The case was heard in the International Court of Arbitration in the United Kingdom. We prepared an objective expert report, stating the technological development which took place in Africa and other similar, developing telecommunications markets globally. We demonstrated the evolutionary path of the particular technology and assessed the service provider’s likelihood of having to follow the same technological development path, irrespective of what the equipment vendor planned to pursue.

Service Provider – Claim over Non-fulfilment of Contractual Obligations

Africa Analysis was requested to be an expert witness in a court case involving a telecommunications service provider and an incumbent operator in southern Africa. The dispute arose over the incumbent operator’s non-fulfilment of contractual obligations. The case was heard in a court in the incumbent’s country of registration. We prepared an objective expert report, demonstrating market development in this particular segment of the telecommunications markets in sub-Saharan Africa, assessed the extent of opportunity to participate in those markets, and assessed the service provider’s ability to successfully operate in these markets.

Reseller of Mobile Services – Claim Over Loss of Revenue due to Contract Termination

A reseller of mobile telecommunications products and services retained the services of Africa Analysis to provide it with an analysis of certain aspects of the mobile telecommunications market over a period of five years, and to provide expert opinion on the assumptions used to model growth of various segments of the market over the same period of time. The analysis was required in support of a claim brought by the client against a major South Africa parastatal over loss of potential revenue due to allegedly illegal termination of a co-operation agreement. Africa Analysis prepared and submitted the market analysis to the client, who used it to support his claim case against the defendant.

Mobile Operator Shareholder – Claim Over Loss of Revenue due to Shareholder Behaviour

The shareholder of a mobile operator instituted a claim against one of its follow shareholders based on the behaviour of that shareholder in introducing a competitive service. The behaviour of the shareholder was deemed to violate the shareholding agreement. We were appointed to determine the quantum of revenue loss resulting from the introduction of a competitive service. This required a detailed market impact analysis of how the competitive service affected the revenue generated by the mobile operator. We prepared an expert report that illustrated the market impact on the revenue streams and were thus able to demonstrate the quantum of revenue lost by the mobile operator.

Telecommunications Operator – Claim Over Loss of Revenue due to Price Dispute

Two operators in the South African telecommunications market contested the respective non-payment of fees for the lease of lines of various bandwidth capacities on various routes on a wholesale basis. One operator leased lines on national long-haul routes, while the other in some of the municipal (metro) areas of the country. The use of the lines took place over a number of years. We were retained by one of the parties to undertake market research and analysis with respect to wholesale pricing on various national long-haul routes during the period in question, and to prepare an expert report in this matter. Subsequently, we developed a model to calculate the quantum (total price) for the leasing of various long-haul lines over a period of time. The outputs of this analysis were used in the arbitration case to argue the quantum payable by one party to the other. Our analysts also participated in the arbitration proceedings, testifying as expert witnesses in matters related to wholesale pricing and the calculated quantum.

Mobile Airtime Distributor – Claim over Loss of Revenue Due to Early Contract Termination

Africa Analysis was retained by a telecoms operator who was sued by a large reseller of mobile airtime for loss of revenue in a West African market due to early co-operation agreement termination. Our task was to analyse the telecommunications market in the West African country, in order to determine whether our client’s early termination of the agreement was justified due to difficult market conditions related to the specific mobile technology used, rather than our client’s lack of ability to compete in the market. We analysed a range of market competitiveness, commercial and technical factors influencing our client’s participation in the market, including an analysis of our client’s network quality vs. that of its competitors in the market. The results of our research and analysis were presented in an expert report. Ultimately both parties decided to discontinue further arbitration, along with claims and counterclaims against each other.