Authors: Lonias Ndlovu
Addresses: Department of Mercantile Law, University of Zululand, KwaDlangezwa, South Africa
Abstract: In comparison with other countries in the SADC region, South African courts have relatively been active in developing World Trade Organization (WTO) law in the municipal context. This development has widely been confined to dumping/anti-dumping matters and to a very limited extent, safeguards measures. In this paper, I critically analyse one contentious case, namely, Progress Office Machines CC v South African Revenue Services and come to the inescapable conclusion that the decision in the case was wrong. Such a conclusion is borne out of the fact that the Court's ruling had no textual basis either at WTO law or municipal law. The above criticism notwithstanding, the judgement does make a modest contribution to the development of South African jurisprudence on the subject of dumping/anti-dumping. Therefore, the decision has both positive and negative aspects which this paper attempts to highlights in a balanced critical manner.
Keywords: World Trade Organization; WTO Anti-Dumping Agreement; South Africa; Progress Office Machines CC v South African Revenue Services; dumping; SADC; WTO law; municipal law.
International Journal of Public Law and Policy, 2014 Vol.4 No.2, pp.147 - 160
Received: 08 May 2021
Accepted: 12 May 2021
Published online: 27 Mar 2014 *