Capacity Building on Competition Policy in Select Countries of
Eastern and Southern Africa

7Up3 Project


 

 

7Update EnewsLetter Vol. II


News from project countries………

BOTSWANA

Govt. mull regulating LPG prices

The Botswana Government is considering removing liquefied petroleum gas (LPG) from the free market and to regulate its price, like other energy resources - petrol, oil and diesel.

The Department of Energy Affairs (DEA) has conveyed that the government was looking for ways to regulate present LPG prices in order to overcome the present situation, where the prices are depended on the dictates of the market. The government was also encouraging dealers in the LPG sector to form associations to contain the ever-rising prices.

Current LPG prices range from P285 (US$ 51) to more than P300 (US$ 54) across dealers, with increases occurring as frequently as, once every six months. The recent devaluation of the Botswana Pula (P) by 12 per cent has exacerbated the situation. Consumers have long been complaining about the high prices of LPG.

The DEA had carried out a survey, which revealed that even empty gas cylinders were being sold at very high prices in the country, regardless of their size.

The government, which was unable to regulate LPG prices earlier, sees the time right for its intervention in the market, on account of LPG becoming available to more and more consumers in the country, through a large number of dealers in the market.

A LPG Safety Association was constituted in Gaborone in 2004, with the membership of Easigas, BP Botswana, Afrox and Pula Energy. Distributors are also being encouraged to join the association.

The government opines that several factors beyond the control of the dealers often contribute to the ever-rising prices of LPG. International crude oil prices being one of them. LPG prices have increased thrice in the current year already.

(Daily News, 30.06.05)

Call for intra-Africa trade

Ghanaian Vice President Alhaji Aliu Mahama called on African governments to find ways to trade among themselves, during a five-day Ghana/Botswana exposition: ‘Promoting Investment and Integration through Trade and Culture’, organised in Gaborone jointly by Botswana Export Development and Investment Authority (BEDIA) and the Ghana Consulate in Botswana.

Mahama said the continent is flooded with products from Europe, the Americas and Asia, and therefore African products are losing their legitimate share of the market. He called on governments to take appropriate steps to challenge and possibly reverse this trend, for the betterment of the economic prospects for the continent.

‘Our dear continent remains impoverished, our people suffering from severe hunger, diseases, high levels of unemployment, despondency and ignorance as a result of our inability to turn our resources into finished products and to establish the market that understands and appreciates our own products, for wealth creation’, he opined. Mahama said that the exposition should be able to stimulate establishment of self-sustaining, joint production ventures between Botswana and Ghana.

Most of the exhibitors displayed traditional clothing from their countries, together with crafts such as baskets, leather items, and foodstuffs.

(Daily News, 06.05.05)

Botswana-Namibia for closer ties

Namibian President Hifikepunye Pohamba emphasised the need to intensify Windhoek-Gaborone trade links during a round of official talks between him and President Festus Mogae of Botswana.

‘Our business people should interact more regularly so that our trade relations could reach greater heights’, he said. He cited the agreement in avoidance of tax between the two countries, saying it would enhance commercial ties.

A better usage of the Trans-Kgalagari Highway could lead to increased trade between the two countries, he observed. On another issue, he courted Botswana to use the Namibia seaport of Walvis Bay as a cost-effective way for its exports-imports operations.

He also mentioned that the education and cultural affairs agreements signed way back by the two countries were an endeavour to strengthen bilateral relations, which could be furthered by frequent programmes of youth exchanges between Botswana and Namibia, thereby helping achieve the vision of former President, Sam Nujoma.

(Daily News, 18.05.05)

ETHIOPIA

Improving interconnectivity in Africa

The Ethiopian Telecommunications Corporation (ETC) and the Eastern African Submarine Systems (EASSy) are mulling the prospects of an optical communications system, in addition to the Broadband Internet Service that was recently introduced to Ethiopia.

‘Broadband’ is known as wide bandwidth and is concerned with the amount of information that a particular connection can deliver over phone lines, cables, satellite and/or wireless infrastructure. The Ethiopian Telecommunications Corporation (ETC) describes it as a pipe with water running through it. If one wants to get more water going down the pipe faster, one needs to have a wider pipe.

EASSy was created with the objective of connecting countries from the tip of southern Africa to the Sudan through the installation of submarine optical cables, and also to connect African countries having optical fiber and other communication cables to other countries of the world.

The possible extension of an optical fiber highway, currently being installed in Ethiopia, to neighbouring Djibouti and Sudan is also being considered by the government.

Dr. Kassu Yilala, Minister of Infrastructure, was recently quoted saying that most of the Ethiopian population remain without basic telecommunications services, with the country's telephone density being one of the lowest in the world. He added that without a satisfactory communication network, a fully integrated regional economy could not be achieved.

The minister reiterated that the planned interconnectivity initiative would result in:

  • saving in the amount of hard currency flowing out of the country due to the payment of transit charges to countries outside the region;
  • the supply of information within Africa being increased;
  • simpler and more efficient interconnectivity, leading to reduced tariffs for telecommunication services in the sub-region;
  • economic and political integration being facilitated;
  • the flow of data enhancing intra - regional and extra-regional trade, capital flows and investment;
  • the potential to extend to the west coast thereby offering intra-regional connectivity and access to global network.

The minister said that the success of the planned interconnectivity project depended on the number of participants. He hoped that both the cable and the backhaul connectivity would be managed in mutually acceptable co-ownership arrangements, in compliance with the rights of access of landlocked countries to and from the sea, and freedom of transit as proposed in the UN and AU conventions.

He concluded that the global economy was in a ‘digital age’ and information was the primary resource for economic development, at both national and regional levels. Without reliable and cost effective interconnectivity, Africa would be unable to compete in the global marketplace.

(The Ethiopian Reporter, 17.06.05)

A long way to go for Ethiopia

On a flat, 20 hectare site south-west of Addis Ababa, dozens of women in straw hats and men in baseball caps dig trenches, laying the groundwork for the latest entrant in a multi-million-dollar industry that is starting to bloom in the Horn of Africa.

In just a few months, orange and pink roses should be poking through the earth and another flower farm will be up and running, part of a horticultural sector emerging in a nation more often associated with famine than business.

Ethiopia's flower industry is a success but many more are needed, says a western diplomat. Just to "stop the boat sinking" will take 10 years, and billions of dollars of investment will be needed to bring the country to African standards, says Ishac Diwan, the World Bank's Country Director.

Twenty years after pictures of Ethiopian famine were beamed around the globe, the country still has much to do to shake off its image as a nation of starving children. Ethiopia is an extreme example of the development challenges facing Africa, with at least 5 million people needing food aid to survive. Donors also acknowledge that they have made mistakes, belatedly realising that simply giving food ignores the root causes of the problems, undermines domestic markets and often creates an environment of dependency.

But as Paul Wolfowitz, the new president of the World Bank, tours Africa for the first time, hopes are rising that Ethiopia and its poor neighbours may be at a turning point. At the weekend, the Group of Eight wealthy industrialised nations agreed to wipe out more than $40bn of the debt that 18 African countries, including Ethiopia, owe the World Bank, International Monetary Fund and African Development Bank.

But even with debt relief and recent increases in aid, billions more dollars will be needed to build infrastructure and generate sustainable growth. Equally important, the Ethiopian government needs to do more to stimulate the private sector and improve the investment climate.

Horticulture is one area where private sector reforms have succeeded. Three years ago there was only a handful of flower producers. Now the Ethiopian Horticulture Producers and Exporters Association has 32 members, 45 per cent of whom are foreign investors

Flower producers can import goods duty-free, enjoy a five-year income tax exemption and lease land from the government at competitive rates. It is expected that the country would be able to attract foreign companies to take advantage of the good climate, cheap land and freight rates, and the overall investment conditions to contribute meaningfully to the development, especially of the horticulture sector.

The government, in power since 1991, has been praised for reforms in a nation blighted by mass poverty, under-development and perennial drought. But it has also been criticised for being over-cautious, retaining too much economic control and refusing to shed the Marxist- Leninist ideology that surrounds many of its leaders, including Meles Zenawi, the Prime Minister.

On most indicators, Ethiopia lags far behind the rest of the continent. It has a mere 50cm of road per head compared with the continent's average of five metres; water storage capacity is only 42 cubic metres a head against an African norm of 600.

Mr Diwan, the World Bank's country director, concedes the environment is difficult. ‘To have just good policies is not enough here ... you have to have very good policies’, he says.

Donors have shown their willingness to support the reforms by lifting funding to $900m from $600m three years ago. The goal is to raise it to $2bn in three years, says Mr Diwan. But progress is slow, with average per capita income still $100 a year. A workers at the flower farm earns less than $1 a day.

In spite of serious questions about the government's human rights record, the assistance is still flowing. This year, under a $190m-a-year cash and food-for-work programme, about 5m people living in unsustainable areas will work on state projects in return for money or food.

Government officials acknowledge progress on development has been slow, blaming political divisions, the war with Eritrea and other reasons. They say the country is now on the right path but needs more support.

(Financial Times, 15.06.05)

MALAWI

Mobile markets boost cross-border trade

Although many settlers along the Zambian border are viable farmers, their daily problem is to find buyers who will give them a fair price for their products. This problem has now been solved in the Lundazi district of Eastern Province in Zambia, through an initiative of the Malawian government: a mobile cross-border market.

At least three times a week, the market, which keeps shifting camps from one place to another along the Zambia-Malawi border, attracts traders from the three countries of Malawi, Zambia and Tanzania. It is similar to the town centre market in Lusaka, except that even cars and bicycles are on sale. In fact, anything you might desire is available: concoctions which go side by side with divining services provided by the witch doctors, electrical appliances like television sets and radios, bicycle and car spare parts, dry cell batteries, cellular phones, razor blades, clothes. You name it and you can get it.

The market operates from 05:00 hours to 20:00 hours before the traders relocate to another place in readiness for another business day. As an initiative of the Malawian government, the currency favoured is the Malawian Kwacha, which is 50 times stronger than the Zambian currency.

The main problem is communication. The language widely spoken is a Malawian version of ci-Chewa, where a lot of Chewa and Tumbuka words have been modified. Sign language is usually the last resort.

The market has been commended for empowering people so that they can buy and sell commodities at reasonable prices without being exploited. The only disadvantage is the alleged criminal and immoral activities that take place: thefts, violence and sexual activity, possibly due to excessive smoking and drinking. Geoffrey Chikunjiko, Executive Director of Thandizani, a community-based project fighting the HIV/AIDS pandemic in Lundazi, says, “The mobile cross-border programme is a high risk group that we are targeting in our HIV/AIDS programmes.”

Malawian authorities have to rely on intelligence and not identity cards to tell who is not a Malawian. Malawians do not carry identity documents unless they are leaving the country. This means that police officers have their work cut out to maintain law and order at the massive market and identify where the perpetrators of criminal activities come from before they can send them back to their own countries.

(Times of Zambia, 27.06.2005)

Malawi budget ‘to trigger inflation’

There are strong fears among economic analysts that Malawi’s pending budget (2005-06), which is pegged at Kwacha 113 billion (euro 761 million), will push inflation further upwards, raising commodity prices to unsustainable levels especially for the impoverished masses.

Last year’s budget, presented on 3 September 2004, was pegged at Malawi kwacha 89.8 billion (euro 605 million) and the Minister of Finance then said inflation would go up to 20 percent by June this year. He promised that inflation would then start to drop thereafter. However, month-to-month inflation since then has been rising relentlessly. According to Malawi’s National Statistical Office (NSO), month-month inflation is now hovering at around 14 percent.

Several Malawian economic analysts have predicted that inflation would skyrocket on account of the shortages of the country’s staple food, maize as well as the introduction of the Malawi Rural Development Fund (MARDEF), which has been increased to Kwacha 5 billion from Kwacha 1 billion.

The Standard Banking Group of South Africa has said that average inflation for 2005 will be pegged at 14.9 percent. The bank had earlier estimated a lower average inflation rate of 10.6 percent for 2005 but has felt compelled to hike the rate upwards due to higher than anticipated food prices.

The country is currently in the midst of a food shortage, especially the staple crop maize, which contributes about 60 percent to the Consumer Price Index (CPI).

Malawi’s government has planned to import 250,000 tonnes of maize, of which 150,000 would be for humanitarian aid and 100,000 for commercial purposes. Money amounting to kwacha 5.2 billion is to be set aside for the importation of the staple crop. The Agriculture Ministry estimates the shortage to be 430,000 tonnes whereas NSO says the deficit stands currently at 900,000 tonnes.

The economic lobby group, the Malawi Economic Justice Network (MEJN) anticipates inflation to go up because there would be more money in circulation and shortage of food. Both MARDF and the shortage of maize, they believe would trigger off a higher rate of inflation.

Observers believe that the buying of maize would create a forex imbalance as more money is going to be used up for the purchase of maize. Further, fuel prices, which have been going up internationally will also add onto the pressures of inflation.

Commodity prices have been on an upward spiral for the past months owing to the anticipated month-to-month inflation increase.

This is having a direct adverse impact on most of Malawians’ disposable incomes. Rising inflation will adversely affect more than 75 percent of the country’s population who live on less that one dollar a day (approximately Kwacha 113).

(The Chronicle, 19.05.05)

MAURITIUS

Need for food standard monitoring felt

‘The recent ban on imported mineral water is a tacit recognition that lack of sanitary control on specific products may entail significant risks to consumers’ health’, observes Mosadeq Sahebdin of the Institute of Consumer Protection (ICP), a leading consumer organisation of the Island country. This brings to the public agenda the dire need for an agency responsible for ensuring food standards.

Mr. Sahebdin underlines that the mandate of such an agency would be to provide a platform to ensure coordination among the different agencies and to ensure traceability in case of contamination. ICP’s concern is based on the report that the Ministry of Health has seized imported bottled water from Malaysia.

The bottled water was blocked at the Customs since a few months and were banned in the local market. The importers and retailers could not understand such a decision until they were told that such bottled water was found unfit for consumption after tests carried out by the Ministry’s laboratory.

(News on Sunday, 01.07.05)

Sugar Protocol: a big blow to producers

Mauritius has expressed its dismay over the announcement of the 39% drop in sugar export prices to EU. If the reform comes into force in November, this will have a dramatic effect on the sector and the people depending on it, from all the Africa-Caribbean-Pacific (ACP) countries.

A fall in the sugar export prices was expected. It was even thought that the decrease could be of 42%. Yet the European Commission (EC)'s announcement of a fall of 39% has had a strong impact on the sugar industry in Mauritius and all other ACP countries. Not only is this decrease high, but it will range over four years as well.

Such a reform means that the price Mauritius is selling its sugar on the EU market will go from 523 euros now to 319 euros in 2009-2010. The first fall will be effective as from 1st July 2006 and the next a year later. The Mnister of Agriculture, Nando Bodha, has expressed his strong disappointment about the announcement made by European Commissioner, Marianne Fishler-Boel. "Such a decrease is unacceptable and unbearable. We can lower our production costs and we have already started a restructuring plan. But, for the industry to remain viable, the price proposed to us should be higher than our production costs after restructuring."

ACP countries are just as disappointed by the EU proposal, which "would have a crippling effect on their economies, traditionally supplying sugar to the EU under the provisions and guarantees of the ACP-EU Sugar Protocol. In addition to price cuts, the proposal would also impose new marketing restrictions on ACP suppliers, against the spirit and letter of the Sugar Protocol."

Mauritius and its partners in the ACP group knew perfectly well that the sugar reform was inevitable. However, they thought the commission would understand the difficulties they have to face with a drastic decrease and would take all this into account when making their final proposal.

The only hope now lies in the Commission's legal department. It is in November that the bill will be introduced to the commission; and hopes are high that the bill might be amended before being adopted. But the commission has never taken a step backwards in its sugar reform. Why should it change the way it has dealt with the issue so far?

The Secretary General of the Chamber of Agriculture, Jean-Noà Humbert, has expressed his dismay at the news. "The Commission wants to go too far, too quickly. If the bill is presented as it is, it will have a dramatic impact on the sugar industry and the people depending on this sector of the economy."

Small planters will be the first affected. In this context, they have already shown their anxiety. Many have the feeling that they will soon see their jobs disappear.

Jean-Noà Humbert has also taken a stand over the EU financial compensation to ACP countries. In fact, all sugar producers for the EU - including the European beet sugar producers - have complained about the proposal. Except that the same beet sugar producers will benefit from a compensation corresponding to 60% of the price decrease, which means the drop will be of 16% only. As for ACP countries, the EC plans to give only 40 million euros to the whole group, which Mr. Humbert finds unfair.

In a press release, ACP countries have urged the EU member states to agree to considerably less drastic price cuts that would be gradually phased-in over a period of eight years as from 2008 along with accompanying measures to support the restructuring and modernization of ACP sugar industries. The ACP preference is for putting the focus on maintaining sustainable development through trade rather than creating another aid mechanism.

France has already shown that it is sceptical about Marianne Fischer-Boel's proposal This could well help ACP countries in their battle!

(L’ Express, 28.06.05)

US quotas on Chinese textile brings back smiles

Mauritius' textile industry has welcomed a decision by the United States to impose quotas on Chinese garment exports, saying that the move would protect its access to the US markets.

The US government decided recently to reintroduce quotas on several textile products to counter what Washington says is a surge in imports from cheap producers in China.

Mauritius hopes the quotas will prevent Chinese manufacturers from edging them out of contracts with key US clients. "We are very happy about this decision," said Ahmed Parkar, chairman of the Mauritius Export Processing Zone Association, an umbrella organisation for the Indian Ocean island's textile and garment industry. Mauritius exported garments worth 7.3 billion Mauritian Rupees in 2004, down from a figure of 8.4 billion Mauritian Rupees in 2003, according to figures from the Central Statistics Office.

The Mauritius textiles industry directly employs 68 000 people, with about 250 000 indirectly employed in a sector contributing about nine per cent of gross domestic product.

The quotas will limit China's exports to the United States of the specified garments to 7.5 per cent growth per year.

With Mauritius' garment exports to the United States declining, the quotas have rekindled hopes among exporters that they may regain a slice of the US market. ‘This is great news for Mauritius. It will give our industry a breathing space’, said Peter Craig, the commercial representative for Mauritius in Washington.

‘It will have a snowball effect. Other countries like the European Union may follow the USA and impose quotas on Chinese garments.’ In January, a global quota system that helped Africa's textile sector flourish, ended, raising fears that an onslaught of cheap Chinese textiles would wipe out its business.

(The Namibian, 18.05.05)

MOZAMBIQUE

USA Mozambique boost trade ties

US Trade Representative Rob Portman and the Mozambican Minister of Industry and Commerce Antonio Fernando have recently signed a Trade and Investment Framework Agreement (TIFA). It is hoped that the TIFA will develop the bilateral trade and investment relationship between the two countries and build on the recent enactment of the US-Mozambique Bilateral Investment Treaty (BIT).

Portman praised Mozambique’s impressive track record on democracy, political stability, economic growth, openness to foreign direct investment, and expanding exports. Deputy US Trade Representative, Josette Sheeran Shiner, also commented on the advantages inherent in signing the TIFA. She described it as a mechanism for improving the US-Mozambican trade relationship, exploring common objectives, reviewing options, and investigating possibilities for greater cooperation and a more comprehensive trade and investment dialogue.

As part of the TIFA, a United States-Mozambican Council on Trade and Investment will be formed to address a wide range of trade and investment issues, including trade capacity building, intellectual property, labour, environmental issues, participation of small and medium sized enterprises in trade and investment, dialogue focused on increasing commercial and investment opportunities.

In Sub-Saharan Africa, the United States has TIFAs with South Africa, Nigeria, Ghana, the Common Market for Eastern and Southern Africa (COMESA), and the West African Economic and Monetary Union (WAEMU/UEMOA).

Since the civil war ended in 1992, Mozambique has shown itself to be an international model of war-to-peace transition. Economic growth has been maintained at a rate of 8 percent as a result of market-oriented reforms implemented over the last years. The country intends expanding its exports to the US and developing its tourism industry. For its part, the USA is working towards opening markets globally, regionally, and bilaterally and expanding American opportunities in overseas markets.

(www.bilaterals.org, 27.06.05)

Support for CFA Proposals

Mozambique has confirmed its support for the conclusions of the report from the Commission for Africa, set up on the initiative of British Prime Minister, Tony Blair.

A statement from Mozambican President Armando Guebuza, distributed to journalists covering the summit of the African Union (AU) in the Libyan city of Sirte, pledged support for the Commission position, shared by the British government itself, on poverty reduction in Africa.

That position has three components - debt relief, doubling of development aid, and removal of trade barriers.

Guebuza met with the British Minister for Overseas Development, Hilary Benn, and reiterated that the objectives expressed in Commission for Africa's report coincide with the economic and social development objectives laid down by the Mozambican government.

Guebuza believed that the report complemented NEPAD (New Partnership for Africa's Development). He thought it ‘fundamental’ that the Commission's recommendations ‘be implemented as soon as possible and in an efficient manner so that they may have an impact on the lives of Africa's peoples’. On the debt relief announced in June by the Finance Ministers of the G8 group of most industrialised nations, Guebuza said it was ‘an important contribution to the fight against poverty’.

The relief announced is the cancellation of debts owed to the World Bank, the IMF and the African Development Bank by the 18 countries that have qualified for the second, ‘enhanced’ phase of the HIPC (Heavily Indebted Poor Countries) initiative, 14 of which are in Africa, including Mozambique.

Full details of the relief are not entirely clear. Although the write-off is said to cover 100 per cent of the debts, presumably it will not include the most recent loans from the three institutions.

According to the British Treasury, the full amount of Mozambican debt cancelled under this deal is 2.3 billion US dollars.

(Agencia de Informacao de Mocambique, 05.07.05)

Mozambican Cashew industry on road to revival

Mozambican President Armando Guebuza, unveiled a new brand of Mozambican cashew nuts, ‘Zambique’, for its first export sale to a US buyer, the company Suntree.

It has been claimed that the expansion of Zambique brand to the US market would offer a successful small and medium enterprise model for overcoming the challenges of poverty, and expanding products to American consumers". The US non-profit organisation Technoserve, which has been providing training on entrepreneurship development to the Mozambican cashew, has been praised highly by the President himself for showing the path for business development to the country’s entrepreneurs.

Technoserve, however, gives an entirely inaccurate picture of the Mozambican economy and of the cashew sector in particular, in a communiqué released recently. It makes the extraordinary claim that ‘Cashew nut production is Mozambique's single largest industry’ – a reality of the 1970s - cashew processing has contracted dramatically in the country after the 1990s. Currently by far the largest industry in Mozambique is aluminium followed by natural gas.

All the large scale cashew processing plants in Mozambique (all of then owned by private entrepreneurs) were driven out of business following the World Bank's dictat of 1995 that the government remove protection from the industry. Unable to operate in the liberalised environment imposed by the World Bank, one by one the large mechanised processing factories closed their doors. The last one closed in 2003. That was 50 million dollars worth of investment thrown away by the World Bank's blind pursuit of free trade ideology.

Cashew processing is now undertaken by several small companies using manual methods to shell the nuts. 12 of these small companies are in the Mozambican Cashew Industry Association (AICAJU), with another three or four just starting up their factories.

According to Carlos Costa, Chairperson of the Mozambique Cashew Industry Association (AICAJU) the maximum possible exports from the 12 AICAJU companies currently amount to 2,400 tonnes a year. This is half the volume the industry could export in the late nineties.

After 1998, there was a collapse in exports, as large companies were forced to close their doors. In 2003, just 339 tonnes of cashew kernels were exported, and 453 tonnes in 2004. There has been a net loss of about 7,000 jobs over the period.

In other words, the revival of the cashew industry is so far modest, and Technoserve's talk of increased employment shows a striking ignorance of the history of the industry.

The Technoserve release quoted the organisation's President, Bruce McNamer, as saying ‘The cashew story in Mozambique is both transformational and inspirational. The cashew industry was in such deep decline many years ago that very few had the foresight and strength to press forward - yet this story illustrates that wise and targeted foreign assistance, perseverance, good business sense, and market planning makes a clear-cut difference.’

The cashew industry, like much of the Mozambican economy, did indeed go into steep decline during the war of destabilisation. But once the war was over, there were Mozambican entrepreneurs who had ‘the foresight and strength’ to buy the cashew factories - only to find the rug pulled out from under their feet when the World Bank insisted that the rules under which they had entered the industry be radically changed.

(Agencia de Informacao de Mocambique, 24.06.05)

NAMIBIA

Government keen on transfer pricing

The latest buzzword in local tax circles is 'transfer pricing'. What is it and how will it affect you? For some time now the Minister of Finance has been concerned that the Namibian tax base is not delivering to its full potential.

Various budget speeches over last few years have made reference to this fact and it did not come as a surprise when the review of the Namibian tax system identified the introduction of transfer pricing as a potential revenue source for the state coffers. Transfer pricing legislation seeks to address the manipulation of profits between connected parties where the transacting parties are located in different countries.

Transfer pricing legislation will therefore not affect the tax position of individuals who receive income by way of employment. The current corporate tax rate in Namibia is 35 per cent compared to the South African corporate tax rate of 30 per cent and the Botswana tax rate of 15 per cent. Typically, head offices of companies located in these countries raise a management or administration fee on the Namibian company to siphon off the Namibian profits so it is not taxed in Namibia but rather in one of these territories.

The fee usually fluctuates with the profits recorded by the Namibian enterprise and is calculated on the basis of a percentage of the turnover or net profit.

The wording of the Namibian transfer pricing legislation follows the international trend to address the manipulation of the price of goods and the provision of finance at a non-commercial interest rate. The transfer pricing section will be introduced as section 95A of the Income Tax Act when the 2004 Tax Amendment Bill becomes law during the course of the year.

The section empowers the ‘Receiver of Revenue’ is challenge the price of goods or services supplied between connected persons where the pricing is either lower or higher than the price for similar goods or services supplied between independent persons dealing at arm's length. If the price is successfully challenged, the Receiver has the power to determine the taxable income of the Namibian taxpayer by adjusting the consideration of the international transaction to reflect an arm's length price for the goods or services supplied.

The section also empowers the ‘Receiver of Revenue’ to challenge the interest rate applied to financial assistance granted by a non-resident to a resident where the parties are connected to each other. The excessive interest paid to the non-resident in respect of the financial assistance granted will not be allowed as a deduction to determine the taxable income of the Namibian taxpayer. Revenue Authorities make use of the Amadeus database to determine the arm's length price for transactions they wish to challenge. This database provides comparable prices for particular circumstances and is used successfully worldwide where similar legislation has been introduced.

If you thought this is pie-in-the-sky stuff and the ‘Receiver of Revenue’ will find it difficult to implement, think again. The experience of other countries is there for Namibia to follow and learn from. In South Africa taxpayers are currently being questioned by the South African Revenue Services in respect of their transfer pricing policies being backdated to when the legislation was introduced in 1997. You would be well advised to prepare yourself adequately for a future Revenue inquiry.

(The Namibian, 23.05.05)

Unfair competition for local businesses

The northern business community has called on the National Chamber of Commerce and Industry (NCCI) to stop ‘talk, talk’ and seriously address critical issues that affect their business.

The NCCI management team, which visited its northern branch at Ongwediva, came under fire from a businessman who described the chamber as a ‘talk, talk’ institution that is not seriously addressing their problems. The businessman said it does not help for the NCCI to keep ‘talk, talk’ if there are no laws that can help them. SMEs are not fairly benefiting from the awarding of tenders by regional tender boards, because of the lack of laws to protect them. The big companies, he said, are ‘killing us (SMEs) before we even start to grow’.

He called for Black Economic Empowerment (BEE) legislation so that the previously disadvantaged can benefit from the concept. The members of the NCCI northern branch, one of its biggest branches, called on the chamber to use its influence and ‘speak up’ on issues affecting them and they in turn would support the chamber 100 percent. Specifically citing Chinese businesses, the members spoke out against the ‘unfair competition’ posed by foreign companies. One businessman said these foreign companies are flooding the Namibian market with inferior products, which Namibians can provide at superior level or quality.

Since nothing is being done about it, the business community gets the feeling that government is supporting these companies. ‘The Chinese are killing the nation’, said a businesswoman. It has been suggested that someone should represent the business community in the Parliament to help influence government's decisions, because parliamentarians are not businesspeople but politicians.

The issue of the ban on Japanese vehicles was also raised. Members demanded to know what the NCCI is doing about it, with one businessman saying the ban is unfair because the Japanese vehicle trade was helping the poor. The unfavourable trade environment in neighbouring Angola also came under the spotlight.

The requirement that Namibian business people wanting to operate in Angola should form business partnerships with their Angolan counterparts has been repeatedly raised as a critical issue that needs to be looked at, as some of the Angolan counterparts have been described as dishonest and untrustworthy partners.

There is also the issue of corrupt officers who are charging exorbitant tariffs at the border. NCCI's chief executive officer Tarah Shaanika said the chamber understood the frustration of the business people and those who had lost money while doing business in Angola. He however urged them not to lose sight of the many opportunities available, but to continue doing business in Angola.

Shaanika said the business community needs to be cognisant of the fact that Angola just recently came out of war and the Angolan government is overwhelmed with many problems, adding that it would take time for the situation to change. The CEO said the chamber would take up the ‘Chinese issue’ with the government. On the Japanese vehicle ban, Shaanika said the NCCI has already taken up the matter with the government.

He said the Ministry of Trade and Industry has committed itself to visiting some towns and enlighten business communities on the decision by government to ban Japanese vehicle imports.

(New Era, 16.05.05)

Reducing beef industry imbalance

The imbalances of the past continue in the country's beef industry, and as a result farmers north of the so-called 'redline' veterinary cordon fence feel marginalised in terms of meat marketing to international markets.

More than a decade after Namibia achieved independence, meat from the northern communal areas (NCA) of Oshana, Ohangwena, Omusati, Oshikoto, Kunene, Kavango and Caprivi has failed to gain access to the European market, unlike meat produced in the commercial farming areas south of the cordon fence.

The explanation given by the authorities is that animals in the NCA are yet to be declared free of foot-and-mouth disease (FMD) and the uncontrolled movement of animals across the Namibia-Angola border is blamed for spreading livestock diseases. The Meat Board's Livestock Management Project asserts that livestock north of the fence are rarely vaccinated, unlike in the commercial farming areas, and the industry would face disaster if there was an outbreak of any disease in the commercial areas.

The northern farmers have strongly reacted to this and reported that FMD occurred last in the northern regions of Oshikoto, Ohangwena, Oshana, Omusati, Kunene and Kavango in 1964, and therefore, these regions should be regarded as FMD free, and kept under strict surveillance to eradicate any possibility of occurrence of the dreaded FMD

Development of ‘self-quarantine farms’ is being proposed on a pilot-scale by the northern farmers associations, as means to introduce a system of strict surveillance. A farmer applying for a self-quarantine farm should be required to erect a three metre high fence with a buffer strip around his farm and divide it into various grazing camps with enough water supplies. According to this self-quarantine proposal, farmers would also be required to provide farm workers with fenced-off compounds for houses, water and toilet facilities.

Before certification is done by the veterinary service officials, livestock of ‘self quarantine’ farm have to be vaccinated against FMD and checked for other diseases and conditions. The Agricultural Bank (AgriBank) of Namibia will be entrusted to grant loans to the concerned farmers to buy materials in order to improve the infrastructure of their farms.

Further, according to this proposal, owners would be obliged not to bring other livestock into self-quarantined farms without the consent of the authority on one hand, while on the other hand the veterinary officials will be required to conduct regular visits to the farms.

Northern farmers strongly believe that the proposed self-quarantine farms system is expected to contribute to the development of the livestock industry in the communal areas, and remove the imbalance that exists in the country’s beef industry.

(The Namibian, 23.06.05)

UGANDA

Celtel sues Uganda Telecom

Mobile telephone giants, Celtel and Uganda Telecom (UTl), are locked up in a legal battle amounting to Uganda Shilling (Ush) 2.9 billion of interconnection fees. Celtel dragged UTl to the Commercial Court seeking payment of USh2.9b, which UTl has not paid since 2001.

Celtel's lawyers, Musoke Shonubi and Company Advocates claim that from 2001 to date, the two companies have utilised each other's services and infrastructure for connecting telephone calls across their networks for a cost, which UTl has ignored.

The two companies had earlier agreed to charge for the interconnection according to tariff recordings. It was also agreed that the traffic minutes would be arrived at by obtaining an average between the minutes recorded by either party.

(The New Vision, 30.06.05)

Postal sector gears up to face competitors

POSTAL managers from the Common Market for East and Southern Africa (COMESA) member countries have started deliberations on how to transform the region's postal services into a robust and viable sector.

The discussions also aim to draw strategies to respond effectively to the emerging technological developments that are making the traditional postal services irrelevant and also try to identify the best practices for national regulatory structures.

Addressing managers recently, COMESA’s Acting Secretary General, Mr Sindiso Ngwenya, said the future of postal services depends on the power of the managers to harness and exploit information and communication technologies (ICTs) developments that are rapidly changing the business environment.

Such an effort will perhaps involve rethinking the way postal entities have been conducting their business and expanding the portfolio of activities with a particular emphasis on those that utilise ICTs to compensate for the loss caused by the introduction of cell phones and email services.

Postal companies have progressively registered less turnovers as mobile and email use penetrates deeper almost eliminating the tradition of letter writing.

Posta Uganda, which was created after the government's unbundling of Uganda Posts and Telecommunications (UP&T) Limited has started in earnest to adapt to a rapidly changing environment, responding to the evolving technological challenges by entering into airtime retail partnerships with mobile phone companies.

Upon realisation of the growing preference for electronic messaging, it also quickly ventured into the Internet business, starting up a ‘café’. With the liberalisation of the sector and subsequent proliferation of the private carriers, Posta also reorganised and increased the speed of parcel processing and delivery.

Ngwenya said postal organisations must transform their vast resource (labour, capital, materials and information) accumulated before the onset of ICTs into products and services that meet the needs of a value-added obsessed modern market.

Experts observe that the provision of postal services under monopolistic conditions should be discouraged. It is being felt that competition brings vigour, commitment to quality, spurs innovation and therefore should be encouraged for the overall development of African economies.

(The Monitor, 29.06.05)

Migereko woos investors on key air route

Ugandan Trade Minister Daudi Migereko has invited investors to venture into the Entebbe-Nairobi air route to reduce transport costs.

‘If we get more investors, the rates would be reduced. High transport costs by regional airlines frustrate tourism and increase supervision costs for businessmen in the three countries’, Migereko said during a meeting called for discussing modalities to develop a Business Climate Index in East Africa.

“It costs $150 (sh0.26m) from Mombasa to Nairobi but Entebbe to Nairobi costs $550 (sh0.97m), although being the same distance. Why charge high rates between Entebbe and Nairobi’? , he felt, and observed that Kenya Airways was abusing its monopoly position in the region.

However, Kenya Airways’ country manager Emmanuel Okware defended that the lowest fare on Entebbe-Nairobi route was $270 (sh0.47m). He added that there is no way, the airlines could afford rates lower than that.

(The New Vision, 17.05.05)

NEPAD/OECD Roundtable shows the way

Some very significant conclusions emerged from the NEPAD/OECD Investment Roundtable with the theme: ‘Making it Happen’, held in Entebbe between 25-27 June, 2005.

Emphasis was placed on allowing the private sector access to projects endorsed by NEPAD to ensure these projects see the light of day!

Internal savings was also an issue discussed at length, as something African leaders have to encourage and set themselves as an example. There was a strong need to encourage people for saving their money in a domestic bank, and not in a foreign bank account outside of Africa!

The concept of ‘Less Aid - Let's Trade’, also received a lot of attention and evenly resounded among the participants in the meeting.

The following statements were extracted from the concluding remarks by Co-Chairs Mr Mathale, Director, NEPAD Secretariat and Mr Akasaka, OECD Deputy Secretary-General:

‘Trade and investment is the surest solution to growth and job creation. This was also stressed by the President of Uganda in his address to the Roundtable’. ‘The need to address obstacles for more active private sector participation in infrastructure was the subject of particular attention by Roundtable participants, and the discussion focused on regulatory, capacity constraints and lack of adapted financing mechanisms’.

(The Foundation for the Development of Africa, 30.05.05)