When is a levy not a tax? A guideline from Namibia

11 Jul 2019 ~ Dawid van Wyk
In the electronic communications industry the stakes are high. It is a lucrative world, complex and indispensable. If unregulated, things could easily get out of hand. Since it knows few more

An important Comesa Court qualifier for natural and legal persons approaching the Court

11 Jul 2019 ~ Dawid van Wyk
The Treaty that underpins the 27-member Community of Eastern and Southern African States (Comesa) contains an appealing provision for ordinary persons, natural or legal, who are involved more

Huawei: Trade War is escalating into a Tech War

11 Jun 2019 ~ Gerhard Erasmus
The inter-connected nature (and vulnerability) of the global trading system was dramatically demonstrated with the announcement on 15 May 2019 by the US Commerce Department that companies more

What is still required for a complete AfCFTA Deal?

17 May 2019 ~ Gerhard Erasmus
The African Continental Free Trade (AfCFTA) Agreement promises an ambitious new continent-wide trade arrangement for Africa. The Preamble says there will be “clear, transparent, more

What happens to the RECs once the AfCFTA is in force?

17 May 2019 ~ Gerhard Erasmus
Regional integration has been a prominent feature of inter-state cooperation in Africa for a long time. It is pursued for solidarity, historical, political and economic reasons. In more

The AfCFTA: What enters into force now and what does it mean?

17 May 2019 ~ Gerhard Erasmus
On 29 April 2019, Sierra Leone and the Saharawi Republic deposited their instruments of ratification of the Agreement establishing the African Continental Free Trade Area (AfCFTA). This more

Rules of origin, tariffs and the AfCFTA

17 May 2019 ~ Willemien Viljoen
Article XXIV of the GATT requires that ‘duties and other restrictive regulations’ on ‘substantially all trade in products originating in such territories’ of the contracting more

AfCFTA: What next for services trade?

17 May 2019 ~ Ashly Hope (Volunteer)
Now that the Agreement Establishing the African Continental Free Trade Area (AfCFTA) has a firm date for entry into force, we must turn our minds to the operational phase of the AfCFTA. more

How can the AfCFTA Investment Protocol advance the realisation of the AfCFTA objectives?

17 May 2019 ~ Talkmore Chidede
The AfCFTA Agreement will include a protocol on investment – to be negotiated in phase II. Meanwhile, the technical issues on investment are under consideration, and the draft legal more

The proposed AfCFTA Protocol on Intellectual Property Rights

17 May 2019 ~ Abrie du Plessis
The AfCFTA Protocol on Intellectual Property Rights (IPR) will be negotiated during Phase II. The draft legal text has to be submitted to the January 2021 Session of the AU Assembly for more

The proposed AfCFTA online non-tariff barrier reporting, monitoring and eliminating mechanism

17 May 2019 ~ Vonesai Hove
How will it work? What are stakeholders expecting from this mechanism? The AFCFTA enters into force on 30th May 2019 with high expectations from the continental stakeholders particularly more

Cooperation on competition in the AfCFTA

17 May 2019 ~ Trudi Hartzenberg
Competition law is an essential component of market and, overall economic governance. Its aim is to promote competition, to enhance market outcomes for consumers and firms. Deeper more

The Brexit Saga is far from over

07 May 2019 ~ Gerhard Erasmus
Brexit has become a political and constitutional fiasco. It may also have dire consequences for business. Firms must deal with lingering uncertainty and the possibility of forfeiting the more

President Ramaphosa’s 2019 State of the Nation Address

01 Mar 2019 ~ Gerhard Erasmus
A State of the Nation Address (SONA) is not like a formal contract, especially not in an election year. It cannot be “enforced”. But the one delivered by President Ramaphosa on 7 more

How will South Africa engage the Region, the Continent and the World?

01 Mar 2019 ~ Gerhard Erasmus
In the African context, South Africa is a trading nation. What does the State of the Nation Address (SONA) 2019 say about South Africa’s trade policy? President Ramaphosa emphasised the more

Good Governance is vital… but is easier said than done once the State has been captured

01 Mar 2019 ~ Gerhard Erasmus
Those who observe South Africa from afar are often puzzled by the fact that despite all the evidence, not a single person has yet been prosecuted and convicted for a crime associated with more

The Energy Crisis: How will Investors look at South Africa now?

01 Mar 2019 ~ Gerhard Erasmus
South Africa has traditionally been associated with Africa’s best infrastructure, giving it an obvious advantage in terms of attracting investment and boosting further more

How Can Blockchain Support Intra-African Trade?

21 Feb 2019 ~ John Stuart
‘Blockchain’ – or Distributed Ledger Technology (DLT) – is a technology whereby a ledger of transactions, or other form or record, is maintained electronically by being more

Constitutional Court condemns South Africa’s role in demise of SADC Tribunal

15 Feb 2019 ~ Gerhard Erasmus
In December 2018, the South African Constitutional Court ruled that the participation of the South African President in the decision to abolish the Southern African Development Community ( more

Prospects for reforming/strengthening the WTO

14 Feb 2019 ~ Gerhard Erasmus
Media coverage of the discussions at the recent World Economic Forum in Davos (which combined globalization issues with the “Fourth Industrial Revolution”) sketched a mixed and at more