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The South African Customs Union (SACU) is one of the many regional trade arrangements found on the African continent. Unlike its counterparts it is unique in terms of the huge disparities in the economic circumstances of its member states. SACU currently seeks to redefine itself from its historical trimmings as a plumped up South African foreign policy tool to a regional body that caters for the needs of all its member nations. Key to this transformation is how SACU copes with the increased presence of foreign multinational companies within the common market and meeting the threat posed by established South African companies to infant industries in smaller SACU states. It highlights the potential role of competition policy as a market tool by shedding insights on the workings its workings, its current limitations and modifications it would require to assist SACU in meeting the aforemntioned dual objectives. It considers the state of competition law within SACU, by looking at domestic efforts and considering the workings of the current positive comity arrangement at the regional level matching this up against models adopted in other regional groupings.
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Adv. Ayitey Ayayee is a member of the Johannesburg Bar Society of Advocates, South Africa. He completed in 2011, a masters degree in law in the field of International Trade and Investment at the University of Pretoria. He is experienced in the compliance sector and in the financial services industry of South Africa where he has assumed varied roles
