• Investment Legal Framework

    Investment Legal Framework

    Out of 15 SADC member states, 12 have a specific law governing private investment, foreign investment or the establishment of an investment promotion agency. Others though do not have a specific FDI legislation, have the regimes that are liberal. In other countries, the FDI legislation and the Industrial Development Act which deals with licensing is under review. In most Member States a Ministry is responsible for investment policy while an independent agency responsible for implementing policy and investment promotion.

    Box 1: Investment Legal Framework in the SADC region

    • About 12 SADC Member States have specific laws governing private investment, foreign investment or the establishment of an investment promotion agency;

    • Countries with no specific FDI legislation but liberal regimes = South Africa, Lesotho and Botswana;

    • Review of the Industrial Development Act which deals with licensing is under way in Botswana;

    • FDI legislation is under review in Namibia, Seychelles and Zimbabwe;

    • Most Member States have a Ministry is responsible for investment policy;

    • Most Member States have an independent agency responsible for implementing policy and investment promotion;

    • Namibia and South Africa have a unit within a Ministry responsible for investment promotion;

    • South Africa’s provincial governments have investment promotion agencies;

    • Zanzibar and Tanzania (mainland) have separate investment promotion agencies;


    Admission of Investment

    Using a score of between zero (representing the most difficult process) and 100 (the maximum or least difficult process), the index of ‘ease of establishment of a business’ by a foreign investor reveal the performance of SADC Member States as reflected in the table below.

    Country Rating
    South Africa 79.0
    Mauritius 68.4
    Mozambique 65.8
    Madagascar 65.0
    Zambia 47.4
    Angola 39.5
    Tanzania 62.5
    Global 64.5
    Sub-Saharan Africa 51.5