“Legal Framework in Namibia: An Analysis of the impact of Competition Act, 2003 (Act No.2 of 2003) on Investment Promotion in Namibia

Abstract

The aim in this thesis is to find out and analyze the possible impact of Competition Act, 2003 (Act No.2 of 2003) on the promotion of investment in Namibia as per the provisions in the Foreign Investment Act, 1990 (Act No. 27 of 1990) as amended by Act No.24 of 1993. Furthermore, the objective of the Foreign Investment, 1990 (Act No.27 of 1990) as amended is effectively supported by other Acts in Namibia, namely the Arbitration Act No. 42 of 1965, Bank of Namibia Act No. 15 of 1997, Customs and Excise Act No 20 1998, Export Processing Zones Act No. 9 of 1995, Foreign Courts Evidence Act No. 2 of 1995 and the Import and Export Control Act No. 30 of 1994. The study also demonstrates that may be there is a link that exists between the objectives of Act No 27 of 1990 as amended and the other Acts mentioned above. However, the main focus of the study is on the possible impact of Competition Act, 2003 (Act No.2 of 2003) on the promotion of investment in Namibia as per the provisions in the Foreign Investment Act, 1990 (Act No. 27 of 1990) as amended by Act No.24 of 1993.

The study consists of seven chapters. While chapter one introduces the topic, chapters two and three present a review of literature on investment and competition, respectively. Chapter four analyses the legal framework on investment in Namibia, while chapter five analyses legal framework on competition in Namibia. Chapter six critically compares and contrasts the nature and structure of legislation on investment and competition. Chapter seven presents conclusions and observations on policy recommendations.