South Africa
South Africa: Public procurement cast into uncertainty by Constitutional Court judgment
It is estimated that the South African Government spends almost ZAR 1 trillion per year through the public procurement system. This system has now been thrown into a state of uncertainty following a Constitutional Court judgment in late February 2022. The judgment in Minister of Finance v Afribusiness NCP set aside the Preferential Procurement Regulations published under the Preferential Procurement Policy Framework Act, which is the main legislative guideline for the public procurement system. It has been mandatory for all public bodies, including government departments and state-owned entities, to follow these Regulations since at least 2012.
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Ghana
Ghana: Governing law and jurisdiction clauses in cross-border facility agreements
Local entities are increasingly relying on foreign banks for debt financing to meet the capital requirements of their business. In lending to local entities, foreign lenders consistently require a response to the question: how can a lending arrangement with a foreign entity be enforced?
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Nigeria
For foreign companies looking to expand and set up operations in Nigeria, it is important that personnel with a good understanding of the companies’ strategy are available to support the establishment and the nascent stages of the company. This article highlights the basic immigration requirements for a foreign company carrying on business in Nigeria and salient points to note in the new Guidelines on the Administration of Expatriate Quota and Other Business Instruments issued on January 24, 2022.
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Kenya
On 10 February 2022, the Central Bank of Kenya issued a press release on a Discussion Paper on Central Bank Digital Currency, for public comment. The discussion paper examines the applicability of a potential Central Bank Digital Currency in Kenya and is part of the central bank’s initiatives to ensure informed policy decisions regarding innovations. The public has been invited to submit written submissions or representations by 20 May 2022.