Local Government Law, Development and Cross-border Trade in the Global Cities of SADC

2020 ◽  
Vol 13 (1) ◽  
pp. 127-157
Author(s):  
Marius Pieterse
Keyword(s):  
Local Government ◽  
Economic Activity ◽  
Urban Governance ◽  
Southern African Development Community ◽  
Global Cities ◽  
City Governments ◽  
African Development ◽  
Economic Competitiveness ◽  
Cross Border ◽  
Border Trade

AbstractThe ways in which cities function and are governed matter economically. While the growing literature on ‘global cities’ shows that city governments often pursue economic competitiveness, not much work has been done on whether the formal powers and competencies of cities and towns, as well as the ways in which these are wielded, are conducive to the achievement of developmental and socio-economic objectives. This article considers the interactions and interdependencies between local government law, urban governance, developmental objectives and formal as well as informal cross-border trade between cities in the Southern African Development Community (SADC) region. While supporting increased devolution of local government powers, it cautions that cities of SADC must take care to wield their powers in ways that ensure the economic flourishing of the majority of their inhabitants. In particular, this requires a change of mindset in relation to the municipal regulation of informal economic activity.

scholarly journals Export experience and key success factors in cross-border trade: Evidence from Southern Africa

2017 ◽  
Vol 17 (1) ◽  
Author(s):  
Shepherd Dhliwayo
Keyword(s):  
Financial Management ◽  
Small Firms ◽  
Success Factors ◽  
Southern African Development Community ◽  
Cross Sectional ◽  
African Development ◽  
Key Success Factors ◽  
Cross Border ◽  
Border Trade ◽  
Economic Contribution

Orientation: Cross-border trade (CBT) is an important economic activity that contributes to the development of many economies of the developing world.Research purpose:  The two primary aims of the study were to find out the major factors needed to succeed in cross-border trading and whether the importance of these factors significantly decreased with export experience.Motivation for the study: The economic contribution of cross-border trade (CBT) is often understated. As a result, it does not get the attention it deserves.Research design, approach and method: Data were collected in Gauteng from 146 cross-border traders from 10 Southern African Development Community (SADC) countries. A cross-sectional research design was used.Main findings: The major key success factors were found to be skills/knowledge in; markets and supplies; financial management; and border issues. The importance of these factors was found to not significantly change with levels of export experience.Practical/managerial implications:  Stakeholders should know that small firms of differing export experience require the same interventions to succeed. Interventions should empower traders to better access markets and supplies, improve their financial management skills and ease border constraints.Contribution/value-add: Few studies on cross border trading have been carried out in the Southern African Development Community region. The key success factors and the constraints in this type of trade had not been adequately explored. The economic contribution of CBT, which usually goes unnoticed, was highlighted. Interventions to appropriately address the challenges faced, such as trading legitimacy and border harassment, were suggested.

Urban Autonomy in South African Intergovernmental Relations Jurisprudence

ICL Journal ◽  
2019 ◽  
Vol 13 (2) ◽  
pp. 119-146
Author(s):  
Marius Pieterse
Keyword(s):  
Local Government ◽  
South African ◽  
Urban Governance ◽  
Intergovernmental Relations ◽  
Court Decisions ◽  
Administrative Authority ◽  
City Governments ◽  
Global Era ◽  
Legal Provisions ◽  
South African Cities

Abstract The notion of urban autonomy is increasingly significant in a global era where city governments are playing an ever-growing role in development, as well as in domestic and international politics. While extending significantly beyond legal configurations of local government powers and functions, urban autonomy is importantly shaped, enabled and protected by constitutional and legal provisions. This is so especially where urban governance happens in a resource-strapped and often politically volatile environment. This article considers the extent to which formal constitutional structures, and their justiciability, enable and channel urban autonomy in the developing world, with a focus on the constitutionally ensconced powers and functional authority of cities in South Africa. Through an overview of relevant constitutional and statutory provisions and of court decisions upholding urban autonomy in intergovernmental disputes, the article illustrates that South African cities have been served well by a constitutional framework emphasising cooperative governance and developmental local government, as well as by the justiciable entrenchment of local government’s executive, legislative and administrative authority.

scholarly journals ANALISIS ANTROPOLOGI HUKUM TERHADAP PERDAGANGAN LINTAS BATAS DI KALIMANTAN BARAT (UPAYA PENCARIAN MODEL DAN POLA PERLINDUNGAN HUKUM)

2011 ◽  
Vol 11 (1) ◽  
Author(s):  
Hermansyah Hermansyah
Keyword(s):  
Economic Activity ◽  
Geographic Location ◽  
Legal Issue ◽  
Legal Anthropology ◽  
Border Area ◽  
West Kalimantan ◽  
Cross Border ◽  
The People ◽  
Border Trade ◽  
Rule Out

Due to its geographic location bordering directly with neighboring countries, the border in West Kalimantan as the outer limit of the state of Indonesia is one region that has not received attention, especially attention with regard to activities in the economic field. Cross Border Trade and Market in the Border area, for example, is so much economic activity along the border there is a transaction involving the people who come from two different countries and have different legal systems. In the perspective of legal anthropology, it is probably legal system that applies to communities in the border area showed such legal pluralism, if not addressed carefully, it did not rule out the trade problems that occur in communities in the border area will be sticking to the issue between countries, because of differences in existing law. Therefore, efforts to create a model that would be able to accommodate the parties-such as community, nation and state of Indonesia-Malaysia would need to be pursued, so the problem is not a legal issue to drag on the interests of each party.

scholarly journals On Decolonising Borders and Regional Integration in the Southern African Development Community (SADC) Region

2020 ◽  
Vol 9 (4) ◽  
pp. 32
Author(s):  
Inocent Moyo
Keyword(s):  
Multinational Corporations ◽  
Regional Integration ◽  
Southern African Development Community ◽  
Ordinary People ◽  
African Development ◽  
Freedom Of Movement ◽  
Cross Border ◽  
Management Regimes ◽  
Free Movement Of Persons ◽  
Integration Project

This paper uses insights gained from a qualitative study of informal cross border actors on selected Southern African Development Community (SADC) borders to argue for the decolonisation of these borders. It is asserted that, although SADC citizens enjoy a 90-day free visa in member states, this should not be simplistically taken to mean that there are “open borders” and free movement of persons in region. The recognition that a border “open” to formal actors may be closed to informal cross border actors based on issues of power and class is the foundation for the decolonisation of these borders, a process which should articulate to the regional integration project in the region. Such a decolonisation of borders should recognise in policy and/or border management regimes all cross-border actors, especially non-state actors, who are criminalized and rendered invisible through cross border discourses and policies. This point is worth emphasizing, because most people who cross African borders may not be the formal actors such as multinational corporations (MNCs) and/or their proxies who are favoured by cross border policies, but ordinary people such as informal cross border traders and border citizens, who need decolonised borders for them to enjoy freedom of movement, rather than being depoliticized and relegated to the subaltern who cannot speak, let alone move.

scholarly journals Development of a Uniform Insolvency Law in SADC: Lessons from OHADA

2013 ◽  
Vol 57 (2) ◽  
pp. 259-282 ◽  
Author(s):  
Ngaundje Doris Leno
Keyword(s):  
Financial Distress ◽  
Southern African Development Community ◽  
Business Law ◽  
Insolvency Law ◽  
African Development ◽  
Cross Border

AbstractThis article argues that, with the global or cross-border nature of many corporate activities, there is an increasing need for a uniform insolvency law approach to the financial distress of a corporation in the Southern African Development Community. In doing so, the article highlights lessons the community may learn from the Insolvency Act of the Organisation for the Harmonization of Business Law in Africa. Emphasis is given to that organization's success in developing a uniform insolvency act (ie one which is directly applicable in its contracting states). The article also proposes a number of recommendations.

scholarly journals Effects of external financial flows on income inequality in selected Southern African Development Community member states

2021 ◽  
Vol 9 (1) ◽  
Author(s):  
Thamaga E. Letsoalo ◽  
Thobeka Ncanywa
Keyword(s):  
Economic Growth ◽  
Income Inequality ◽  
Foreign Aid ◽  
Economic Performance ◽  
Bank Lending ◽  
Southern African Development Community ◽  
Financial Flows ◽  
African Development ◽  
Cross Border ◽  
Long Run

Background: The developmental goals of various emerging markets are quantitative targets set to reduce income inequality, alleviate poverty, reduce unemployment and achieve continuous inclusive economic growth amongst other key economic performance indicators. The interest is mainly on what can be done on economic performance to fight escalating inequality, increase economic growth and maintain low inflation amongst other economic indicators.Aim: The study investigates the effects of external financial flows on income inequality in the Southern African Development Community (SADC) region.Setting: The study shows the long-run stable relationship between the set of variables.Methods: The study have used the panel cointegration, autoregressive distributed lag and causality techniques.Results: The findings are that in the long run, remittances can strongly reduce income inequality, foreign direct investment (FDI) and cross border bank lending have an increasing effect and foreign aid can weakly reduce inequality. In the short run, FDI and cross border bank lending can strongly explain income inequality, and negative remittances and foreign aid are insignificantly explaining income inequality. Furthermore, the evidence from panel causality confirms the bidirectional causality amongst remittances, cross border bank lending and income inequality, and unidirectional causality in other sets of variables.Conclusion: It can be concluded that external financial flows can play a vital role to reduce persistent income inequality in the SADC region. It is recommended that the SADC governments need to formulate policies on remittances as they have positive returns on human capital, strengthen foreign aid institutions and create conducive environment to attract FDI.

scholarly journals The Role of Selectivity Criteria for Effective Post-clearance Audit (PCA): Bangladesh Perspectives

2020 ◽  
Vol 2 (1) ◽  
pp. 01-25
Author(s):  
Mohammad Akbar Hossain
Keyword(s):  
Reliable Data ◽  
Selection Procedures ◽  
Trade Facilitation ◽  
Economic Competitiveness ◽  
Cross Border ◽  
Border Trade ◽  
The World ◽  
Selection For ◽  
Revenue Administration

The Post-clearance Audit (PCA) is being used by the Customs administrations across the world to facilitate trade as well as to reduce revenue evasion. As a limited number of declarations or entities need to be audited, the selectivity criteria for identifying the riskiest ones for conducting PCA is of utmost importance for the effectiveness of audit. A wrong selection for audit will be counterproductive. That is why, this paper will examine how the selectivity criteria impacts the PCA. The WCO and WTO have advised the administrations to utilise the PCA mechanism to enhance cross-border trade. The Revised Kyoto Convention (RKC) of WCO and the Trade Facilitation Agreement (TFA) of WTO have focused on systematic use of PCA rather than examining every imported consignment at the ports. Therefore, the PCA assists the authorities expedite clearance of goods, while, at the same time, ensures plugging leakages and, finally, enhances collection of duties and taxes at the import stage.  Moreover, the PCA also creates opportunities for the authorities to catch tax evaders in future as the results of PCA may further be used for the proper implementation of Risk Management (RM) mechanism. Effective RM helps single out the risky consignments and facilitate clearance of the low risk consignments. So, if the selectivity criteria for PCA are not properly set, both the PCA and RM system will be adversely affected, ultimately paralysing the revenue administration of a country thereby reducing its economic competitiveness. This study will scrutinise the existing selection procedures for PCA with qualitative analysis. Due to lack of availability of reliable data, the author interviewed some of the main stakeholders and the Customs and VAT officials to analyse the mechanism for identifying the loopholes and prospects of the PCA initiative. Furthermore, this paper will not only help the administrations to set the selectivity criteria for PCA, but also assist the administrations to redesign their existing PCA selectivity system.

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