Understanding SADC's Resolution on Cross-Border Transactions and Legal Services
Explains South Africa's role in WTO and GETS, focusing on reciprocal legal service rights and ensuring fair treatment for all member countries.
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Key concepts of Cross-Border Legal Services
Added on 09/27/2024
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Speaker 1: Hello again, everyone. I'm going to continue with explaining the resolution of SADC with regards to cross-border transactions. South Africa became a signatory in April 1994 of the founding instrument to establish the World Trade Organization, which is normally called the WTO. South Africa acceded to the General Agreement on Trade in Services, normally referred to as GETS Agreement, with effect from the 1st of January 1995. The key concepts under GETS were the following, or are still the following. GETS introduced the requirement of the Most Favoured Nation Treatment Principle, in terms of which a country must accord to the nationals of all GETS member countries' treatment no less favourable than that which it accords to any other country. This Most Favoured Nation Treatment generally means that, if foreign practitioners from other countries are permitted to provide legal services in our country, similar permission has to be given by lawyers from other countries. That means that there must be a reciprocal exchange of rights between member countries. The GETS Agreement does give recognition to regional agreements, such as the SADC Agreement, which has the main focus to facilitate and liberate services between member countries. And if cross-border practicing rights are granted to lawyers within the context of that region, then an agreement must also be reciprocated for the member country that will be delivering the service. So basically, what we give, we must get in return. We must also make sure that the rights that are granted to legal practitioners from the SADC region countries must be done without opening the door for lawyers from other GETS member countries to claim similar concessions. The requirement of the National Treatment Principle, in terms of which a country must accord lawyers from other GETS member countries' treatment no less favourable than the treatment afforded to lawyers of the country itself, basically means that the same laws must apply for the lawyers in the country and the lawyers from the GETS countries. The only thing that we need to make sure is that the member countries must respect the laws of the country in which they are going to be practicing, and vice versa, so that members of the public are always protected from impropriety from legal practitioners, and also to make sure that the lawyers in the country where the GETS country members are going to be practicing are not prejudiced or put out of pocket at the benefit of the GETS member countries and their disadvantages. So basically, it means that everybody must be able to benefit equally in this. Thank you very much.

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