Baker McKenzie’s latest Africa Competition Report (“Report”) is a collaborative effort between Baker McKenzie’s Africa-focused Competition team and its Africa Relationship Firms. The Report covers a detailed analysis and overview of recent developments in competition law enforcement and competition policy in 32 African jurisdictions and regional bodies. It considers not only recent developments in competition law enforcement and competition policy in each of the highlighted jurisdictions but also provides an overview of regulatory and legislative dynamics and challenges in selected markets.
It has been noted that the price volatility of essential food items in South Africa is under the watchful eye of the competition authority in South Africa. This is after legal interventions intended to guard against price increases during the pandemic were repealed when the National State of Disaster ended in early April 2022. At the same time, businesses that operate in the Consumer Goods and Retail sector are dealing with ongoing supply chain disruption.
The Minister of Employment and Labour in South Africa has recently published three important legal developments affecting South African employers and employees – the Draft National Labour Migration Policy and Employment Services Amendment Bill, the Code of Practice for Managing Exposure to Sars-CoV-2 in the Workplace 2022, and the Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace.
Slapping a colleague at an event is grounds for dismissal in most jurisdictions. Employee conduct at social gatherings and events generally does not escape the reach of their employer’s right to discipline and terminate for cause. In South Africa, the recently published Code of Good Practice on the Prevention and Elimination of Harassment in the Workplace (“Code”) guides employers and employees in managing harassment at work and clarifies that the use of physical force or power is a form of harassment, albeit not its only manifestation.
The South African Competition Commission recently released its Economic Concentration Report, which highlights patterns of concentration and participation in the South African economy. The Report includes details on the Commission’s power to launch market inquiries into highly concentrated industries, as well as its increased authority to impose structural remedies on businesses in these sectors.
Over the last ten years, Africa’s trade growth has been one of the worst among the major global regions, mostly due to falling commodity prices, competition, inadequate foreign exchange liquidity, regulatory challenges and access to trade finance. Although trade finance remains a popular activity among banks, the participation rates have decreased. Despite this persistently large trade finance gap, trade remains a key driver of Africa’s social and economic development. As a result, development finance institutions such as the African Development Bank and the African Export-Import Bank have sought to provide solutions to boost intra-Africa trade.
A recent case before the South Africa Competition Tribunal looked at the excessive pricing of breast cancer treatment. This led to the question as to whether a violation of competition law should automatically be considered a violation of the Constitution.
To highlight data security and privacy laws and developments that are already in place, or in progress, in Africa, the new Baker McKenzie Africa Data Security and Privacy Guide outlines information on country-specific data privacy and security laws in 11 countries in Africa – Ghana, Kenya, Madagascar, Mauritius, Morocco, Nigeria, Rwanda, South Africa, Togo, Uganda and Zimbabwe
The pandemic drove home the high value of personal data to the global economy, while also highlighting its vulnerability to abuse and attack. In response, governments around the world, including those in Africa, have been reviewing their data privacy and protection laws and regulations. The protection of data in Africa is broadly covered by the Convention of the African Union on Cybersecurity and Personal Data (2014) which has been ratified by only a small number of the 55 African Union members.
To highlight data security and privacy laws and developments that are already in place, or in progress, in Africa, our new Africa Data Security and Privacy Guide outlines information on country-specific data privacy and security laws in 11 countries in Africa – Ghana, Kenya, Madagascar, Mauritius, Morocco, Nigeria, Rwanda, South Africa, Togo, Uganda and Zimbabwe.
The amended Automotive Production Development Programme was recently released by the South African Revenue Service with the aim of growing the automotive industry. In recent years, the automotive industry has been proactive in its approach to the new regulations, with substantial investments being made in the sector.