Baker McKenzie Johannesburg Archives

30Oct

By Baker McKenzieNo Comments

Africa: Energy transition policies and regulatory developments light up across the continent

Across the continent, countries in Africa are gearing up for the energy transition by implementing policy and legislative frameworks that take into account the energy crisis and the need for a renewable, decarbonized, decentralized energy supply that addresses climate change and the commitments made under the Paris Agreement. Ahead of the United Nations Climate Change Conference, COP 27, in Egypt in November this year, lawyers in Egypt, Ghana, Kenya, Morocco, Namibia, Nigeria, South Africa, Tanzania and Uganda have outlined the efforts taken by the governments in their countries to address this urgent need to harness renewable power. Such efforts are expected to provide exciting opportunities for investors in the African energy sector. Egypt Lamyaa Gadelhak, Baker McKenzie Cairo Partner ...

21Mar

By Africa BusinessNo Comments

Main

Trade finance and the efforts to boost intra-African trade

By Lodewyk Meyer, Partner and Head of the Banking & Finance Practice, and Lucy Stratton, Associate Designate, Baker McKenzie, Johannesburg As stated by President of the African Development Bank (AfDB), Akinwumi A. Adesina, "trade finance is an important instrument for influencing Africa's long-term economic development and structural transformation". According to a report by the AfBB and the African Export-Import Bank (Afrexim), Trade Finance in Africa: Trends Over the Past Decade and Opportunities Ahead, the region was one of the most integrated with the rest of the world in 2011. However, in the last decade, Africa’s trade growth has been one of the worst among the major regions of the world. This is as a result of a number of factors including falling commodity prices, competition,...

18Nov

By Baker McKenzieNo Comments

Main

Ten reasons to consider African trade and investment opportunities in 2022

By Lerisha Naidu, Partner, Competition & Antitrust; Lodewyk Meyer, Partner, Banking and Finance; Mike van Rensburg, Partner, M&A; and Virusha Subban, Partner, Customs and Trade, Baker McKenzie Johannesburg 1. Visible green shoots – rising commodity prices The pandemic closed borders and stopped trade, other than for essentials, across the continent and was the principal reason for a decline in investment in 2020. A lack of available capital and acquisition finance, as well as difficulties pricing deals in an uncertain market, also affected investment. Other reasons for declining investment, included that the levels of economic activity have slowed in the major African economies, such as Nigeria and South Africa. However, green shoots are visible and market fundamentals are sig...

16Nov

By Virusha SubbanNo Comments

Ethiopia News, Guinea News, Main, Mali News

African Growth and Opportunity Act eligibility requirements under review in three African countries

By Virusha Subban, Partner and Head of Indirect Tax, Baker McKenzie Johannesburg On 2 November 2021, US President Joe Biden announced that three African countries would be terminated from the African Growth and Opportunity Act (AGOA) trade preference program, unless they took urgent action to meet statutory eligibility criteria by 1 January 2022. The three countries listed were Guinea, Mali and Ethiopia. The US administration cited unconstitutional changes in governments in Guinea and Mali and human rights violations in Ethiopia, due to conflict in the country, as reasons for the termination. The statement announced the intention to provide all three countries with a clear benchmark and pathway towards reinstatement so that valued trading partnerships could be resumed. AGOA eligibility c...

3Nov

By Baker McKenzieNo Comments

African News, South Africa News

Africa: COMESA Competition Commission publishes draft guidelines on penalty, settlement and hearing procedures

By Lerisha Naidu, Partner, Sphesihle Nxumalo, Associate, and Zareenah Rasool, Candidate Attorney, Competition & Antitrust Practice, Baker McKenzie Johannesburg The COMESA Competition Commission (Commission) published draft guidelines to the COMESA Competition Regulations, 2004 (Regulations) for public comment on 19 October 2021. The guidelines aim to provide clarity on the Commission's policies and procedures, and to foster transparency and certainty in the administration and enforcement of the Regulations. These draft guidelines are based on international best practices and policy approaches of key regulators, including the European Commission. They address three fundamental areas of regulatory enforcement – the determination of fines and administrative penalties, settlement procedur...

21Oct

By Angelo TzarevskiNo Comments

Main

Increasing competition policy enforcement across Africa

By Angelo Tzarevski, Associate Director, and Zareenah Rasool, Candidate Attorney, Competition & Antitrust Practice, Baker McKenzie Johannesburg Competition policy continues to be viewed by regulators as a key driver of economic growth globally. Across Africa, competition policy enforcement is increasingly being employed as a tool to boost economic performance and promote the revitalization of trade and industry following the devastating impact of COVID-19. The effects of the pandemic have led to negative economic growth in a number of African jurisdictions, and have given rise to opportunistic, anticompetitive behaviours such as unreasonable price increases and price gouging, coordination amongst competitors, and other unsavoury business practices that erode competition. Over the pas...

18Oct

By Africa BusinessNo Comments

Business, South Africa News

Creating a disruption-proof supply chain in Africa

The impact of the pandemic on global supply chains has prompted governments around the world to look at ways to fix the broken links. In Africa, the launch of African Continental Free Trade Area (AfCFTA), has provided the continent with new opportunities to strengthen its regional supply chain. Virusha Subban, Head of Indirect Tax at Baker McKenzie in South Africa, explains that there were massive breakages in key links in global supply chains during and after the pandemic, with issues including, among many other things, route congestion and blockages, manufacturing shutdowns, a deficit of skilled labour, a global shortage of key logistics components including shipping containers, a lack of space in warehouses, a spike in transportation costs and substantially increased demand for goods a...

17Oct

By Denny Da SilvaNo Comments

Kenya News, Main, Nigeria News, South Africa News

New global tax rules will help address imbalances in tax revenue in Africa

By Denny Da Silva, Associate Director, Tax, Baker McKenzie, Johannesburg One hundred and thirty six of the 140 members of the OECD G20 Inclusive Framework, including South Africa, have agreed on a new set of global tax rules that will reform the world’s tax system. Notably, two African countries that are members of the Inclusive Framework have not yet joined the agreement - Kenya and Nigeria. The two-pillar system will be presented to the G20 Leaders’ Summit at the end of October 2021. It will result in a reallocation of taxing rights from resident to source countries of certain multinational enterprises (MNEs), if thresholds are met, in addition to a 15% global minimum tax rate for certain organizations, implemented from 2023. The agreement aims to redress global tax revenue imbalances a...

10Oct

By Jana BothaNo Comments

Kenya News, Main, South Africa News, Startups

Africa: tax implications of digital transformation in the consumer goods and retail sector

By Jana Botha, Tax Consultant, and Prenisha Govender, Associate, Tax Practice, Baker McKenzie Johannesburg The pandemic-fuelled growth of the digital economy and unabated demand for online retail products across Africa have led to extensive disruption in the Consumer Goods and Retail Sector (CG&R) sector. Due to a growth in demand for online retail, CG&R companies in Africa have been rapidly adapting their digital operating models, and multinational e-commerce platforms operating in the region have attracted a record number of new customers. This digital transition, and resultant growth in the e-commerce sector, has tax implications for digital CG&R businesses operating in Africa. The OECD’s Pillar One and Two Multilateral international tax changes currently being implemente...

1Oct

By Baker McKenzieNo Comments

Ethiopia News, Kingdom of Eswatini News, Main, Malawi News, Mozambique News, Namibia News, South Africa News

Increasing competition policy enforcement across Africa

By Angelo Tzarevski, Associate Director, and Zareenah Rasool, Candidate Attorney, Competition & Antitrust Practice, Baker McKenzie Johannesburg Competition policy continues to be viewed by regulators as a key driver of economic growth globally. Across Africa, competition policy enforcement is increasingly being employed as a tool to boost economic performance and promote the revitalization of trade and industry following the devastating impact of COVID-19. The effects of the pandemic have led to negative economic growth in a number of African jurisdictions, and have given rise to opportunistic, anticompetitive behaviours such as unreasonable price increases and price gouging, coordination amongst competitors, and other unsavoury business practices that erode competition. Over the pas...