The AFRICA HERITAGE LEGAL FORUM being the first of its kind, will play a vital role in regional economic integration, the forum will seek a formal recognition by the South African Government to be a key facilitator in mobilizing the private sector to actively participate in the development of regional economic hubs. Furthermore, countries in SADC share a common vision and are striving to pursue a common regional integration agenda by focusing on political, economic and trade interests, it is imperative that the Legal Fraternity of SADC, organize themselves as a backbone of this process. Hence, this networking forum is an ideal platform for discussion and debate on Free Trade Areas FTAs.

Through the implementation of FTAs, the SADC region will benefit from increased domestic production, greater business opportunities, higher regional imports and exports, access to cheaper inputs and consumer goods, greater employment, increased Foreign Direct Investment (FDI) and the creation of regional value chains.39135

Mr. Mupelwa Sichilima, Programme Officer in the Directorate of Trade, Industry, Finance and Investment at the SADC Secretariat, explains, "Further objectives expected from the initiative are to promote a common political value from the countries within the SADC region, to consolidate defend and promote democracy, peace security and eradicate poverty." It is the submission of this article that these objectives cannot be met effectively without organizing a "Heritage based Law Society of The Southern African Development Community"

The SADC FTAs are the culmination of years of work, which started when SADC members signed the SADC Trade Protocol in 1996. The protocol came into effect in 2000 and is to remove customs tariffs on goods produced within the SADC region. Eleven of the 14 SADC countries that include Botswana, Lesotho, Malawi, Mauritius Mozambique, Namibia, South Africa, Swaziland, Tanzania, Zambia and Zimbabwe have complied with the FTAs. Two countries have not begun to reduce their trade tariffs, namely Angola and the Democratic Republic of Congo (DRC), but it is anticipated that they will accede to the trade protocol and join the FTA family in the future, boosting the trade market with a GDP of R559-billion ($71-billion) and adding 77-million to the SADC market.

Madagascar and Seychelles have acceded to the protocol on trade and submitted proposals to reduce their tariff barriers over a period of time. The SADC regional integration targets are to agree on modalities for establishing a customs union by 2010, a common market by 2015, monetary union by 2016 and a single currency by 2018.

The launch of the FTA will not only enhance the SADC region by encouraging dramatic growth, but will also contribute significantly to the trade and investment flow into the region. The region continues to work on insuring that it facilitates the movements of goods through harmonizing customs procedures and customs classifications; increasing custom co-operation; reducing costs by introducing a single and standardized document (Single Administrative Document) for customs clearance throughout the region; and establishing "one stop" border posts, which will cut the time spent at the border in half. Currently, there are pilots at the borders of Mozambique and Zimbabwe (Forbes - Machipanda), South Africa and Mozambique (Lebombo Ressano Garcia) and Zimbabwe and Zamia (Chirundu), making trans-shipment easier by enabling a single form to be used when transporting goods across several borders within the region.

Mr Phemelo Marishane, Director of the South Africa Customs Union at the South African Department of Trade and Industry adds, "The FTA will play a vital role in enhancing competitiveness and allowing the SADC private sector to win over world markets thus ensuring that the SADC region is the destination of choice for international investment. This will result in the facilitation of regional supply chains, enabling the private sector to source inputs from the region at a lower cost. For example, Zambia's trade surplus with the European Union, specifically with regards to vegetables and prepared food products, enable the import of these packaged goods from the SADC region.

panel_021The FTA has certain criteria for trading across borders that SADC member states have to comply with. In order for a product to qualify as originating from a member state, the product is required to meet one of the two criteria. The "wholly produced" rule requires goods to be produced or manufactured in a member state using materials from within the SADC region. The "sufficiently worked or processed" rule involves the working of a product into a new product that is significantly different. In order to establish whether a product has been sufficiently worked or processed, it will undergo an import content or product reclassification test. A product which is simply repacked will not qualify as originating in the member state. Similarly, if a product is simply mixed, acceptance for those allowed, will not qualify as origination either.

Documentary evidence and/or a certificate of origin are required at the customs border for a product to be allowed duty free access in to a member state. Hence, all producers who wish to export goods are required to register with relevant designated authority.

A further development, as a result of the FTAs, is that SADC member states have agreed to eliminate all Non Tariff Barriers (NTB) to trade and not to impose any new ones, accept where necessary on the grounds of the plant and animal health and safety, public morals, environment and national security. Complications can occur where NTBs result from challenges that are not intended to restrict imports. The removal of import and export restrictions has resulted in numerous challenges.

The private sector and other stakeholders have identified delays difficulties at the border as one of the key barriers to doing business in the region. An online mechanism for reporting NTBs to trade and the Private sector are required to play an influential role in reporting and monitoring the removal of any problems that they may encounter with regards to NTBs. This is a noteworthy development for trade and ultimately, for African countries. The AFRICA HERITAGE LEGAL FORUM, for one, supports the principles of such developments as it fosters solid trade facilitation and promotes investment in African countries. It is only when mechanisms, like these, are in place that the continent grows its economic stature, most of all, we have to foster the need to invest in our selves, and our brothering, this is the true mechanism for growth. Let us recognize where we come from, let us recognize our African heritage.