An examination of the effectiveness of anti-dumping laws in South Africa.
Tabane, Ramathabathe Johannah.
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Being in a country where the economy is in decline, it is imperative that we do our very best to ensure that we survive this economic climate. One the most important things we can do to protect our economy is to protect our industries from the dumping of goods. Several clothing companies have been closed due to the epidemic of dumping of goods and some industries like the textile and steel industries are at the verge of closing. To protect the country’s economy, there has to be in place laws that govern the dumping of goods. South Africa is no stranger to the laws that govern dumping of goods, the country has laws in place that are meant to protect the economy from dumping of goods. However, to date dumping is still occurring and affecting the economy of the country negatively. The aim of this research is to examine and analyse the anti-dumping laws that exist in South Africa and the world at large, as well as to explore the shortfalls and successes of such laws and practices. The research is concerned with how the anti-dumping laws in South Africa have evolved since the first enactment in 1914 until the recent legislation that was passed in 2012. The first part of the research looks at the history of how the anti-dumping laws came about in the world and found their way to South Africa. The history of anti-dumping laws focuses on common law and international laws that led to the promulgation of anti-dumping laws in South Africa. The research further highlights the relevant legislation that deals with dumping of goods in South Africa at the present moment and explores through cases how the law has been applied. The research draws a number of sources from the world of academics and media, as well as the legislation cases that are both national and international. The research deals with the problems that are faced when the necessary anti-dumping laws are put in practice. In conclusion, the research argues that the anti-dumping laws of South Africa are not effective and do not comply with international standards on dumping of goods and the practice and application of the law are at loggerheads. The research hopes to offer a different view of the laws on anti-dumping and to focus attention on the application of the latter laws because they are well drafted, if not well practised. The research finally hopes to collect existing legal material for the purpose of discovering new facts that will contribute to the body of knowledge in international trade and trade remedies