Browsing by Author "Lefifi, Tebogo"

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    A comparative study of China's foreign direct investment in Africa: regulation, policy, and legal cooperation
    (2023) Lefifi, Tebogo; Ordor, Ada; Kalula Evance
    A new era of Africa-China legal cooperation in Foreign Direct Investments (FDI) was inaugurated following the successful founding of The Forum on China Africa Cooperation (FOCAC) in 2000. In 2015, China became a capital exporter and adopted a new global strategy to reverse the hegemony comprising norm-making and advising law reforms in developing countries. However, a comprehensive approach is still lacking to determining and understanding the potential impact and influence of China's outbound FDI (OFDI) policy, laws and regulations on Africa's economic development agenda and legal environment. Previous research has interpreted China's increasing outward foreign direct investment OFDI as a byproduct of China's market- or resource-seeking agenda and failed to consider the legal aspects of the relationship. Contrarily, this study argues that China's OFDI influence introduces a novel type of south-south legal transplant that will shape prospective African legislative initiatives, ideologies, and norms. By examining China' legal transplant experience and FDI governance model ideology, this research aims to provide a comprehensive understanding of China's influence on Africa's future legal reforms. The analysis explicitly explores Africa's transplant of China's cyber sovereignty governance model. The study utilises a desktop research study methods using a combination of primary and secondary sources. The data is gathered from research from various sources in official government websites, action plans documents, academic literature, and case studies. A comparative analysis of the benefits and drawbacks of China's and Africa's experiences with FDI regulation and legal transplant are key considerations to the study. The findings of the study reveal and highlight the benefits and challenges of legal cooperation through OFDI and present recommendations for the development of laws with Africa-China characteristics. The research will guide Africa's policy response to regulating Chinese investments in the Continent and guide lawmakers in transplanting laws from China.
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    Chinese investments in Africa: addressing and analysing labour, skills and technology transfer challenges
    (2020) Mazire, Takudzwa; Ordor, Ada; Lefifi, Tebogo
    This research paper provides an address and analysis of the challenges commonly faced under Chinese investments in Africa and seeks to address the question on what regulatory mechanism can be used to maximise the benefits of Chinese Investments in Africa. In doing so, this study seeks to clarify the nature activities that transpire under Chinese investment, this is because over the past decades there have been serious accusations of human rights violations, illegal practices and lack of technology and skills transfers amongst many other problems. In conducting this examination, this study, I consider the dynamic legal and policy framework that regulates the Chinese investments. This provides a vehicle through which the legality of Chinese investments actors can be tested. Secondly, an outline and discussion of two selected challenges namely, Labour relations and employment practices; lack of skill and technology transfers. These issues are analysed in depth from different perspectives and potential solutions will be provided. In addressing the challenges, I draw from the experience of South Africa in terms of employment practices and Huawei in Zimbabwe and South Africa case studies. The research ultimately concludes that the challenges faced under Chinese investments are not as described by critics but rather they are complex and differ from business to business. Therefore, the best solution may be to ensure effective enforcement and implementation of local laws to ensure compliance with the law. The study recommends that there is a need for Africa to have a uniform China policy and to take advantage of the FOCAC process to prioritise the areas critical to their national and continental development goals.