Protection of Investment (2015).
Country
Type of law
Legislation
Abstract
The purpose of this Act is to (a) protect investment in accordance with and subject to the Constitution, in a manner which balances the public interest and the rights and obligations of investors; (b) affirm the Republic’s sovereign right to regulate investments in the public interest; and (c) confirm the Bill of Rights in the Constitution and the laws that apply to all investors and their investments in the Republic. The text is divided into sixteen thematic Sections as follows: 1. Definitions; 2. Investment; 3. Interpretation of Act; 4. Purpose of Act; 5. Application of Act; 6. Fair administrative treatment; 7. Establishment; 8. National treatment; 9. Physical security of property; 10. Legal protection of investment; 11. Transfer of funds; 12. Right to regulate; 13. Dispute resolution; 14. Regulations; 15. Transitional arrangements; 16. Short title and commencement. This Act applies to all investments in the Republic which are made in accordance with the requirements set out in section 2. All investments must be established in compliance with the laws of the Republic (this Act does not create a right for a foreign investor or prospective foreign investor to establish an investment in the Republic). Foreign investors and their investments must not be treated less favorably than South African investors in like circumstances. Investments in terms of this Act may also be a rights or concessions conferred by law or under contract, including licenses to cultivate, extract or exploit natural resources.
Attached files
Web site
Long title of text
Act to provide for the protection of investors and their investments; to achieve a balance of rights and obligations that apply to all investors; and to provide for matters connected therewith.
Date of text
Repealed
No
Publication reference
Act 22 of 2015
Source language
English
Legislation Amendment
No