After S&P Global Ratings’ decision to downgrade SA’s sovereign credit rating to subinvestment grade ("junk" status), in swift response to "the executive changes initiated by President Zuma" on March 30, it is important to analyse the institutional weaknesses that allow the executive arm of government to go virtually unchecked in altering the country’s economic destiny, as well as how to correct them.Read More
The recently gazetted draft International Arbitration Bill will finally see SA adopting the Model Law on International Commercial Arbitration, developed 30 years ago by the UN Commission on International Trade Law (Uncitral). This is a long overdue first step into the modern world of commercial dispute settlement.Read More
WHEN President Jacob Zuma arrived in Abuja last month, for what Parliament termed a "rapprochement" between Africa’s two largest economies, many hoped he might tackle the growing apprehension that Nigeria is no longer hospitable towards South African investments.
But the visit raises a bigger question: can South African companies count on their government to protect their best interests abroad?
As the parliamentary committee on trade and industry resumes its analysis of the Promotion and Protection of Investment Bill on Tuesday, it is important to interrogate the rationale behind the legislation. A sober inquiry reveals a costly misstep by the Department of Trade and Industry in its treatment of SA’s bilateral investment treaties (BITs), which the bill is supposed to replace.Read More
POLICE Minister Nathi Nhleko did more than raise the collective eyebrows of the global investment community recently, when he warned that SA "intends to withdraw from its commitments" under its international trade and investment treaties in order to enact a bill that would effectively indigenise the ownership of SA’s private security industry.Read More