Question NW918 to the Minister of Trade and Industry

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28 March 2018 - NW918

Profile picture: Alberts, Adv A

Alberts, Adv A to ask the Minister of Trade and Industry

(a) What number of South Africa’s bilateral investment agreements are still in force and (b) with regard to each such agreement, (i)(aa) what is the agreement, (bb) which countries are party to the agreement, (cc) on what date does the agreement come to an end and (dd) for how long is the agreement still valid after the agreement has expired and (ii) whether the Government will renew the relevant agreement; 2. Whether the agreement provides for expropriation with compensation; if so, which is the relevant clause in the agreement and what are the details contained in it?[NW1000E]

Reply:

(a) The number os BITs in force is 13.

The response to (i)(aa), (bb), (cc), (dd) is provided in Annexure 1.

(ii) The Government does not intend to renew the BITs still in place. Discussions have commenced with the affected countries. The protection of investment will going forward be in accordance with the Protection of Investment Act.

2. The BITs do provide for expropriation with compensation. The reference to the relevant clauses are attached hereto as Annexure 2.