AfCTA and the Trajectory of Industrialisation and Development Sustainability in Africa

In 2018 the African Union Commission launched the first Africa Industrialisation Week to promote regional value chains development in Africa, to provide A Pathway for Accelerating Africa’s Structural Transformation, Industrialisation and Pharmaceutical Production. This paper will investigate the trajectory and key elements of Africa’s industrialisation. In particular, the paper will look into how the industrialisation will promote and enhance its sustainable development. Considered also will be harmonisation and regional integration; economic strategies beneficial for African countries; appropriate regulatory and policy regime; and issues structural transformation including reallocation of economic activities from less productive to more productive industrial sectors.   https://doi.org/10.19108/KOERS.85.1.248

Dumping The Competition, And Scarring Off Investors: The Impact And Influence Of The South African Anti-Dumping And Competition Measures On Foreign Direct Investment

Since the dawn of democracy South Africa has embarked in a process of dismantling protectionist business and trade policies, and made the country’s stream of commerce one of the preferred globally. The country’s sound competition and trade policies, natural resource endowments, market size and regional influence, attracted foreign businesss and foreign direct invetsment (FDI). Equally the country has been under pressure to protect the domestic industries from injurious competition and business, through sector specific laws, anti-dumping and countervailing duties laws, investment and competition regime. The concern has been the likilelihood of the introduction of trade and competition barriers, and the allienation of FDI. This paper critically examines the impact the country’s antidumping and competition law and practice upon foreign direct investment. Domestic industries have never been shy file anti-dumping and anti-competition suits against foreign companies, sometimes even against the public interest outcry. Relevant examples of these suits include the famous Wal-Mart anti-competition case, and recently the Brazilian frozen fowl meat anti-dumping case

CRITICAL RACE THEORY-INFUSED CURRICULA TRANSFORMATION IN SOUTH AFRICAN INSTITUTIONS OF HIGHER LEARNING

This article seeks to situate curriculum transformation in the South African learning environment on the landscape of critical race theory. The article acknowledges that the need for curriculum transformation in South Africa is a matter beyond any contestation. However, it argues that what has been lacking to date is the absolute resolve on the theory or philosophy that underpins the transformation agenda – which to a certain extent has reduced curriculum transformation to superficial infusion of the principles and values of uBuntu in the curricular; and the drive towards decolonisation of the curricular without much tangible alternative being offered. As part of the execution of the study in this article the author critically examines the literature on critical race theories critical the theory, and examines the applicability of this theory as the bar that underpins curriculum transformation. The researcher contextualises this article with reference to curriculum development agenda at the College of Law of the University of South Africa where he is an academic in the discipline of law

Public Interest Considerations In The South African Anti-Dumping And Competition Law, Policy, And Practice

The paper addresses the delicate issue of public interest considerations when determining anti-dumping, competition, and investment measures to balance it with the interest of other interested parties in South Africa. It is particularly argued that the South African anti-dumping legislation must be amended as to clearly mandate the consideration of public interest when imposing an anti-dumping (or safeguard measure). Also, it is argued that the foreign direct investment regime must take into account policy considerations such as black economic empowerment in the public interest.  The South Africa’s competition legislation will be used as an example of the level of convergence that may be achieved having regard to the non-competition factors incorporated in the legislation and potential or perceived difficulties in reconciling a competition analysis with a public interest analysis

Parallel importation and compulsory licensing in Kenya and South Africa as measures to access HIV/AIDS medicine

This article briefly examines the legal framework and the use of parallel importation and compulsory licensing in South Africa and Kenya, and the extent to which the two countries utilise these measures to enhance access to HIV/AIDS medicine. The study reveals that both countries have adopted appropriate TRIPs-compliant parallel importation and compulsory licensing legislation. However, this legislation is yet to be used significantly to address the HIV/AIDS pandemic. Some of the perceived restrictions and complexities of the conditionalities of TRIPs flexibilities are notable disincentives. Although South Africa and Kenya have some pharmaceutical manufacturing capacity, this is found to have some critical limitations

Comparative analysis of access to patented HIV/AIDS pharmaceutical medicines through the Canadian and EU TRIPS flexibilities measures: are they efficacious or overly burdensome and ineffective measures?

This paper evaluates the Canadian and the European Union's (EU) implementation of the World Trade Organisation (WTO) General Council Decision of 2003, which resolved that developed nations could export patented pharmaceutical drugs to member states in order to address public health challenges such as Human Immunodeficiency Virus/Acquired Immune Deficiency Syndrome (HIV/AIDS), tuberculosis, malaria and other epidemics, such states including Sub-Saharan Africa (SSA). The author makes a primarily textual appraisal of how and to what extent the Canada Access to Medicine Regime (CAMR) and European Union (EU) Regulations benefit, for instance, SSA countries in the WTO in their quest to make essential medicine more accessible. The author argues that although there are identifiable complexities inherent in the Canadian and the EU's access to pharmaceutical product regimes, there are far more important incentives and benefits that can be reaped in taking advantage of the respective systems. The author recommends that countries facing public health crises/emergencies, such as SSA countries, and non-governmental organisations (NGOs) take advantage of the regulatory flexibilities of Canada and the EU in their efforts to provide their communities with essential HIV/AIDS treatment, and treatment for other diseases such as malaria. The author dismisses the arguments against TRIPS (Trade-Related Aspects of Intellectual Property) flexibilities-inspired legislation and similar measures as mostly mere rhetoric and hair-splitting, because they sometimes unwarrantedly dismiss a workable solution to public-health problems.    &nbsp

Moral Values and Ethics as Antidotes for Corruption in the South African Public Service and Administration

This paper examines the relationship between morals, ethics, public administration and corruption. The argument advanced is that morals and ethics are antidotes for bureaucratic corruption in public service and administration. Currently there seems to be low ethics and morality in public service and administration in South Africa. The discussions in this paper consider the obligations under the South African National Development plan 2030, African Union Convention on Preventing and Combating Corruption, the African Charter on Values and Principles of Public Service and Administration, and the African Charter on the Values and Principles of Decentralization, Local Governance and Local Development for a corruption free and ethical public service and administration. https://doi.org/10.19108/KOERS.86.1.248

REVIEWING THE STATE OF SUSTAINABLE ENVIRONMENTAL PROTECTION IN THE WTO: SOME SIGNS OF A SLOW BUT PROGRESSIVE PARADIGM SHIFT

There has been a gradual change and paradigm shift in the multilateral trade sphere regarding the links between trade, sustainable development and the environment. Sustainable environment is no longer outside the realm of the WTO. The preamble tothe Agreement Establishing the WTO has been expanded to include a specific commitment to sustainable development. The WTO approach to sustainable development seeks to balance economic development and environmental protection concerns. This approach is notable particularly in GATT Article XX, and in several of GATT’s associated agreements. The decisions of the WTO dispute resolution bodies also had some ramifications for the trade-environment link debate by stating that trade interests do not exist in clinical isolation to non-trade interests such as the environment. Nevertheless, there are several challenges to the trade-environmentinterface, which require reforms to achieve a more coherent and balanced approach to multilateral trade policy, environmental protection and sustainable development.&nbsp

Parallel importation and compulsory licensing in Kenya and South Africa as measures to access HIV/AIDS medicine

This article briefly examines the legal framework and the use of parallel importation and compulsory licensing in South Africa and Kenya, and the extent to which the two countries utilise these measures to enhance access to HIV/AIDS medicine. The study reveals that both countries have adopted appropriate TRIPs-compliant parallel importation and compulsory licensing legislation. However, this legislation is yet to be used significantly to address the HIV/AIDS pandemic. Some of the perceived restrictions and complexities of the conditionalities of TRIPs flexibilities arenotable disincentives. Although South Africa and Kenya have some pharmaceutical manufacturing capacity, this is found to have some critical limitations