scholarly journals On "Dumping" and the Competition Act of South Africa: No "double remedy"

De Jure ◽  
2021 ◽  
Vol 54 ◽  
Author(s):  
Gustav Francois Brink

In "'Dumping' and the Competition Act of South Africa", Vinti espouses that the Competition Commission has jurisdiction over the actions of extra-territorial parties insofar as such actions involve "prohibited price discrimination" or "price dumping". He finds that the Competition Act and the International Trade Administration Act both bestow jurisdiction over the matter and hence argues that this would constitute an unfair double remedy if both authorities were to take action. He therefore proposes, on the basis of a Memorandum of Agreement that has been concluded between the Competition Commission and the International Trade Administration Commission, that either of the Acts should be amended to ensure that no such double remedies are imposed. Although it is agreed that such "double remedy", if applied, would indeed be unfair for several reasons, this article argues that no such double remedy exists and that, despite the provisions of the Competition Act, the Competition Commission has no jurisdiction in matters related to dumping.

2021 ◽  
Vol 8 (1) ◽  
Author(s):  
Davina L. Saccaggi ◽  
Melanie Arendse ◽  
John R. U. Wilson ◽  
John S. Terblanche

AbstractBiosecurity interception records are crucial data underlying efforts to predict and manage pest and pathogen introductions. Here we present a dataset containing information on imported plant products inspected by the South African Department of Agriculture’s laboratories between 1994 and 2019 and the contaminant organisms found on them. Samples were received from border inspectors as either propagation material (e.g. plants) or material for immediate use (e.g. fruit). Material for immediate use was further divided into two sample categories, depending on if contaminants were seen/suspected by the border official or not: intervention or audit samples. The final dataset consists of 25,279 records, of which 30% tested positive (i.e. had at least one contaminant) and 13% had multiple contaminants. Of the 13,731 recorded contaminants, fungi (41%), mites (37%) and insects (19%) were most common. This dataset provides insight into the suite of taxa transported along the plant import pathway and provides an important resource for analyses of contaminant organisms in international trade, which can inform strategies for risk assessment, pathway management and biosecurity protocols.


2016 ◽  
Vol Volume 112 (Number 7/8) ◽  
Author(s):  
Vivienne L. Williams ◽  
Thibedi J. Moshoeu ◽  
Graham J. Alexander ◽  
◽  
◽  
...  

Abstract Zootherapy plays a role in healing practices in Mozambican society. Although several studies have focused on ethnobotany and traditional medicine in the country, little research has been conducted on the use of reptiles in zootherapy. The aim of this study was therefore to fill this gap by assessing the reptile species traded for traditional medicine in the Xipamanine and Xiquelene Markets in Maputo, Mozambique. We found that few reptile species are traded domestically for traditional medicine and that their use appears to be in decline in Mozambique. Our findings also suggest that the domestic trade of reptiles for traditional medicines in Maputo markets is unlikely to have a significant impact on the conservation of reptiles in Mozambique. However, we suggest that international trade with South Africa is likely having a larger impact, given observations of Mozambican nationals selling a diverse range of fauna in urban traditional medicine markets in Johannesburg and Durban.


2019 ◽  
Vol 286 (1907) ◽  
pp. 20191135 ◽  
Author(s):  
Samuel G. Penny ◽  
Rachel L. White ◽  
Dawn M. Scott ◽  
Lynne MacTavish ◽  
Angelo P. Pernetta

Poaching fuelled by international trade in horn caused the deaths of over 1000 African rhinoceros ( Ceratotherium simum and Diceros bicornis ) per year between 2013 and 2017. Deterrents, which act to establish avoidance behaviours in animals, have the potential to aid anti-poaching efforts by moving at-risk rhinos away from areas of danger (e.g. near perimeter fences). To evaluate the efficacy of deterrents, we exposed a population of southern white rhinos ( C. simum simum ) to acoustic- (honeybee, siren, turtle dove), olfactory- (chilli, sunflower), and drone-based stimuli on a game reserve in South Africa. We exposed rhinos to each stimulus up to four times. Stimuli were considered effective deterrents if they repeatedly elicited avoidance behaviour (locomotion away from the deterrent). Rhinos travelled significantly further in response to the siren than to the honeybee or turtle dove stimulus, and to low-altitude drone flights than to higher altitude flights. We found the drone to be superior at manipulating rhino movement than the siren owing to its longer transmission range and capability of pursuit. By contrast, the scent stimuli were ineffective at inciting avoidance behaviour. Our findings indicate that deterrents are a prospective low-cost and in situ method to manage rhino movement in game reserves.


1997 ◽  
Vol 16 (1) ◽  
pp. 265-270 ◽  
Author(s):  
B. EVANS ◽  
A. FAUL ◽  
A. BIELANSKI ◽  
S.A. RENWICK ◽  
I. VAN DERLINDEN

2005 ◽  
Vol 22 (2) ◽  
pp. 323-338 ◽  
Author(s):  
Daniel C. Bach

With the marginalization of Africa in international trade, previous models for operationalizing relations with Europe have become obsolete. There is increasingly a trend towards uncoupling between North Africa, the Republic of South Africa, and Black Africa. North Africa has broken away to the point of regarding itself as a hinterland of Europe. South Africa is likely to become both a crossroads and a transit point in trade between Europe, Africa, and the Pacific region. In Black Africa, the only current scenarios for reconnection with the rest of the world seem to amount to pointing out this subregion's capability to do harm if it were ever abandoned.


2012 ◽  
Vol 11 (3) ◽  
pp. 292-304
Author(s):  
Ryan Hawthorne

The Competition Act and certain recent decisions by the competition authorities are examined here to assess the extent to which South Africa’s conduct-based approach to competition law has led to consistent outcomes in the assessment of effects on competition. This has not been the case in the assessment of anti-competitive effects among customers or resellers when a supplier accused of an anti-competitive action does not compete with its customers. An anti-competitive effect among customers or resellers is treated as anti-competitive when it arises from some form of conduct, such as price discrimination. However, it is not seen as anti-competitive when it arises from a refusal to supply, for example. Possible reasons for South Africa’s conduct-based approach and this inconsistent outcome in the assessment of competition among customers and resellers, including the economic foundations of the relevant approaches and their relationship with competition law in other jurisdictions, are assessed. 


2012 ◽  
Vol 6 (1) ◽  
Author(s):  
Lunga Jacobs

The maritime industry is the major enabler of international trade. Major economic events in the international arena such as global recessions affect world trade and therefore the maritime industry as well. South Africa imports and exports major commodities and products therefore such events will also affect the country's economy. This paper explores how different industries within the South African maritime industry have been affected by global economic recessions. As some of them are of great significance to the country's economy, it is imperative to look at how these industries are affected so as to be able to see the national impact.


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