February 2010 Vol 5, Business , Financial and Property Indaba
Treaty will protect South African investors in Zimbabwe
A bilateral investment treaty signed recently between SA and Zimbabwe will protect future investors where expropriation and compensation are involved, a law firm said on Wednesday.
A bilateral investment treaty signed recently between SA and Zimbabwe will protect future investors where expropriation and compensation are involved, a law firm said on Wednesday.
"The treaty offers South Africans with investments in Zimbabwe the best protection yet," Werksmans Attorneys director Roger Wakefield said in a statement.
"There is no doubt that this provision gives South African investors much more clout to protect their assets in Zimbabwe."
The treaty protected investors affected by expropriation after November 27, 2009, the date on which the agreement was signed.
"Although it does not assist South Africans who have already lost investments in Zimbabwe, the Bilateral Investment Promotion and Protection Agreement does at least provide protection [in future]."
According to the treaty investments may not be nationalised or expropriated, except for public purposes, under due process of the law, on a non-discriminatory basis and for prompt, adequate and effective compensation.
"Secondly, any investor affected by expropriation will have the right to state their case in a court of law or other independent and impartial forum."
It also gives investors the right to settle disputes with the government of the host country by turning to the Washington-based International Centre for the Settlement of Investment Disputes.
