A critical assessment of Zimbabwe’s anti-dumping laws
Dari, Teurai Thirdgirl
MetadataShow full item record
Anti-dumping measures, safeguards and countervailing measures are trade remedies within the context of the World Trade Organisation (WTO). More specifically, the imposition of anti-dumping measures is a remedial measure, which may be evoked when dumped imports cause or threaten to cause injury to the domestic market. Article VI of the General Agreement on Tariffs and Trade (GATT) defines dumping as a situation where products of one country are introduced into the commerce of another country at less than the normal value of the products, and causes or threatens material injury to an established industry in the territory of a contracting party or materially retards the establishment of a domestic industry. In such a situation, the WTO allows countries to take action, if there is a causal link between injury to the domestic market and dumping. Zimbabwe has been a Member of the GATT since July 1948 and subsequently it became a Member of the WTO in March 1995. It also has anti-dumping legislation since 2002 namely Competition (Anti-Dumping and Countervailing Duty) (Investigation) Regulations, 2002 (Statutory Instrument 266 of 2002). Despite this, dumping remains a challenge in Zimbabwe. Different stakeholders in Zimbabwe have lobbied for anti-dumping laws to be strengthened and applied, to protect the domestic industry from dumped imports. Regardless of the lobbying, the Competition and Tariff Commission (CTC) which is the institution that deals with unfair trade practises in Zimbabwe, has to date not conducted any investigation in dumping. This study ascertains what the shortfalls in Statutory Instrument 266 of 2002 are, and the measures to be taken, to develop a sound framework that paves way for effective anti-dumping regime in Zimbabwe. The study highlights the need for an overhaul in Zimbabwe’s anti-dumping system. This study also engages in a discussion of anti-dumping laws in the European Union (EU) and South Africa, both whom have developed anti-dumping systems, which Zimbabwe can learn from. In addition, EU used to be Zimbabwe’s largest trading partner, but has since been replaced by South Africa.
- Doctor Legum - LLD