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Articles by Gerhard Erasmus
Bilingual 2030: time’s up for opinions
The irony of writing an opinion piece with this title is not lost on me. While Bilingual 2030 has generated substantial debate through recent opinion pieces and letters to the editor published in the Taipei Times, the time has come to shift from opinion to rigorous academic analysis. Jye Smallwood’s piece, “Basic Misunderstanding of EMI” (page 8, Aug. 9), demonstrates sound academic grounding, and I largely agree with his points.
What does SADC need?
Blog 20 Aug 2026 Gerhard Erasmus When South Africa’s Minister of International Relations, Ronald Lamola, addressed the SADC Council of Ministers meeting in Durban on 12 August 2026, he did not directly answer the question – What does SADC need? Instead, he opened by recalling that Durban had hosted pdf the first UN conference dedicated to confronting racism, xenophobia and other forms of intolerance 25 years earlier(141 KB) .
Bilingual policy lacks leadership
By Gerhard Erasmus I was quite pleased when I saw the title of the Taipei Times Editorial on Thursday last week — “A targeted bilingual policy.” Unfortunately, I was left quite disappointed by what was a rehash of old second language acquisition myths and a woeful representation of the rigorous body of research into language learning and what might make something like the Bilingual 2030 initiative successful.
The lawfulness of Trump’s tariffs is still undecided
Blog 22 Sep 2025 Gerhard Erasmus,Trudi Hartzenberg On inauguration day (20 January 2025), President Trump issued an Executive Order – America First Trade Policy – in which he declared that US trade (in goods) imbalances constituted a national emergency. He then proceeded to issue further Executive Orders imposing additional various duties on goods imported into the US; without any effort to justify them as World Trade Organisation (WTO) compatible exemptions.
Will MC14 determine what will happen to the WTO?
Blog 21 Aug 2025 Gerhard Erasmus The future of the World trade Organisation (WTO) is a critical issue. There is widespread agreement that something needs to be done; the WTO is in a crisis, and the warning signs have been there for some time. However, the WTO member states are not in agreement on the required reforms. The strongest anti-WTO sentiment comes from Washington.
South Africa’s responses to the US’s reciprocal tariffs
Blog 21 Aug 2025 Gerhard Erasmus No other African government has probably invested as much effort into salvaging its trade relationship with the United States as South Africa has done.
Will Trump’s measures push BRICS into a new global role?
Blog 20 Aug 2025 Gerhard Erasmus President Trump’s trade measures have upended the multilateral trading system. Individual countries and regional trade arrangements such as the European Union and Africa’s Regional Economic Communities (RECs) are scrambling to adjust and to salvage policies and structures developed at a time when the rules of the World Trade Organisation were respected and provided a large measure of certainty and predictability for international trade and commerce.
The Trump Trade Measures are about more than Tariffs
Blog 20 Aug 2025 Gerhard Erasmus The recently announced US trade measures are the actions of a particular politician with a unique vision about the US’s global role. He is the duly elected President of the United States of America, the biggest economy and most powerful state in the world.
Africa’s trade in the Trump era
Blog 19 Aug 2025 Gerhard Erasmus President Trump’s reciprocal tariff policy is a major shock to the global trade system, its institutional and legal arrangements, and to preferential trade schemes adopted to benefit developing countries. These tariffs will have major repercussions for developing economies with export-oriented growth strategies, will disrupt global value chains, reverse development gains, and impact on African nations that face some of the highest tariff rates.
What happens after 1 August to trade in goods with the US?
Blog 24 Jul 2025 Gerhard Erasmus On April 2, a day he called “Liberation Day”, President Trump declared a national economic emergency because of the US’s deficits in trade in goods and announced “reciprocal tariffs” on goods imported from all countries not subject to other US sanctions. A baseline 10% tariff on nearly all US imports took effect on April 5.
GERHARD ERASMUS: SA wants to conclude deals with Trump - how, when and about what?
President Cyril Ramaphosa is reported to have said at an event hosted for investors in Johannesburg on February 26 that “we’ve got to make a deal [with US President Donald Trump] of one sort or another, on trade issues, on diplomatic issues, on political issues, a whole span of issues.” A day later came the announcement that funding for SA under the US President’s Emergency Plan for Aids Relief (Pepfar, launched in 2003) has been stopped.
GERHARD ERASMUS: What does Trump’s America First policy mean for international trade?
The America First trade policy aims for a package of measures Trump considers necessary for the US. They must “promote investment and productivity, enhance our nation’s industrial and technological advantages, defend our economic and national security, and benefit Americans”. He has reminded Americans that during his first term as president “my administration treated trade policy as a critical component to national security and reduced our nation’s dependence on other countries”.
Where does the AfCFTA stand at the beginning of 2024?
Blog 29 Feb 2024 Gerhard Erasmus Fifty-four African Union (AU) member states have signed the African Continental Free Trade Area (AfCFTA) Agreement (only Eritrea has not[1]) and 47 have ratified it.[2] At present, the Non-State Parties are Benin, Eritrea, Liberia, Libya, Madagascar, Somalia, South Sudan, and Sudan.
South Africa’s participation in the Guided Trade Initiative of the AfCFTA
Blog 29 Feb 2024 Gerhard Erasmus The negotiations to adopt the legal instruments of the African Continental Free Trade Area (AfCFTA) were launched in 2015. Four years later the AfCFTA founding Agreement and its Protocols on trade in goods and services and on dispute settlement entered into force. Tariff schedules and rules of origin proved more difficult to adopt. Without these two elements a Free Trade Area (FTA) cannot become operational. Preferential trade under AfCFTA rules has not yet started.
Ministerial Directive 1/2021 clarifies and expands the legal basis of the AfCFTA
Blog 29 Feb 2024 Gerhard Erasmus The African Continental Free Trade Area (AfCFTA) is anchored in a comprehensive set of legal instruments.
Comparing the Abuja Treaty and the AfCFTA Agreement
Blog 29 Feb 2024 Gerhard Erasmus African economic integration has a long history. Both the African Union (AU) and its predecessor, the Organisation of African Unity (OAU), which was Africa’s first post-independence continental institution,[1] have adopted ambitious integration schemes. The Abuja Treaty was adopted in 1991, at a time when deep economic integration was believed to contain the answers to Africa’s economic woes.
Infrastructural development under the AfCFTA
Blog 14 Feb 2024 Gerhard Erasmus Apart from Annexes dealing with customs administration and border governance issues, the AfCFTA Agreement does not mention infrastructural development explicitly as one of its objectives. However, the AfCFTA’s main objective to boost intra-African trade can only be achieved with adequate quality infrastructure.
A messy withdrawal from ECOWAS
Blog 12 Feb 2024 Gerhard Erasmus On 29 January 2024, the military juntas of Niger, Mali, and Burkina Faso announced their withdrawal from the Economic Community of West African States (ECOWAS).
The WTO Dispute Settlement Impasse: What is happening?
Blog 12 Feb 2024 Gerhard Erasmus The WTO’s Understanding on Dispute Settlement (DSU) provides World Trade Organisation (WTO) members with a legal framework for resolving trade disputes that arise between them when implementing WTO agreements. With the establishment of the WTO in 1995 this aspect has become a prominent feature of multilateral trade governance and has been used extensively. Since 1995, 621 disputes have been brought to the WTO and over 350 rulings have been issued.
Adebola "Debbie" Aderinto: Philadelphia Employment Attorney
In the broader context of the legal landscape in the United States, the American Bar Association’s 2022 report reveals a stark reality — only 7.4% of all lawyers are immigrants, encompassing both naturalized citizens and permanent residents with law licenses. Within this statistical tapestry, Philadelphia employment attorney Adebola “Debbie” Aderinto emerges as a beacon of inspiration, embodying a mission forged in her own personal odyssey.
How will the AfCFTA contribute to better trade governance?
Blog 16 Jan 2024 Gerhard Erasmus The African Continental Free Trade Area (AfCFTA) has the potential to bring about major changes (and benefits) to how trade in goods and services will be conducted on the continent. Africa’s global trade will also benefit from better customs administration, eliminating Non-tariff Barriers (NTBs), and generally complying with the rules about transparency and the notification of measures impacting trade in goods and services, and investments.
What does the AfCFTA Agreement provide for in respect of climate change?
Blog 10 Jan 2024 Gerhard Erasmus Effective policies are urgently needed in Africa to deal with climate-induced disasters. This will require high levels of political commitment, regional and domestic strategies, collective action, and vast resources. How will the AfCFTA contribute to these efforts?
The AfCFTA Protocol on Women and Youth as part of a new trade and integration discourse
Blog 30 Nov 2023 Gerhard Erasmus DOWNLOAD BLOG When the negotiations to conclude the Agreement establishing the African Continental Free Trade Area (AfCFTA) started in 2015, the initial focus was on boosting intra-African trade and deepening economic integration on the continent.
How is the AfCFTA’s industrial development agenda shaping up?
Blog Industrialisation is vital for Africa’s long-term development. To achieve its objectives and boost intra-African trade (which stands at very low levels and involves mainly commodity trade[1]), the African Continental Free Trade Area (AfCFTA) must address the challenges of industrialisation at home and on the continent. How will it do so? The fact that the AfCFTA is increasingly touted as a framework for Africa’s industrialisation signals the urgency of the task at hand.
Will investment flows increase under the AfCFTA Investment Protocol?
Blog Africa needs investments to develop and industrialize. The bulk of it comes in the form of foreign direct investment (FDI). In 2021 FDI into African countries amounted to $83 billion, according to UNCTAD’s World Investment Report 2022.[1] There is considerable room for improvement; investment into Africa accounted for only 5.2% of global FDI.
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Just as artists are inspired to create cultural wealth, so Sanlam Private Wealth is driven to craft custom solutions to grow and preserve the wealth of its clients. Investors needing quick capital to grab what could be an unmissable opportunity often find themselves having to liquidate an investment portfolio to sidestep the cumbersome and sometimes drawn-out process of applying for a bank loan.
Wars in Africa are bad for the AfCFTA
Blog The objectives of the African Continental Free Trade Area (AfCFTA) of boosting intra-African trade in goods and services and eventually “to create a single market for goods, services, facilitated by movement of persons in order to deepen the economic integration of the African continent …” (Art 3 AfCFTA Agreement) are directly undermined by the wars, coups, and instability that plague Africa.
What is the Mandate of the AfCFTA? Is it changing?
Blog There is a provision in the African Continental Free Trade Area (AfCFTA) Agreement which provides that: [the] Council of Ministers shall within its mandate take decisions in accordance with this Agreement; ensure effective implementation and enforcement of the Agreement; take measures necessary for the promotion of the objectives of this Agreement and other instruments relevant to the AfCFTA. (Art 11(3) AfCFTA Agreement.
What the AfCFTA Agreement establishes and what the State Parties should do
Blog A recent communication from the African Continental Free Trade Area (AfCFTA) Secretariat to the African Union (AU) Member States says that in order to facilitate the Guided Trade Initiative (GTI) they must “domesticate” the AfCFTA E-tariff book, the AfCFTA Certificate of Origin and adopt the Rules of Origin Manual. This communication neatly explains what the AfCFTA actually is.
Memoranda of Understanding (MoUs) in trade and integration arrangements
The Government of the United States has recently concluded a Memorandum of Understanding (MoU) with the AfCFTA Secretariat. It has also concluded one with Zambia and the Democratic Republic of the Congo (DRC). What are they about? How does an MoU differ from a formal international agreement? Are MoU’s legally binding and can they be enforced through dispute settlement procedures?
The Windsor Framework: The Brexit deal clarified for Northern Ireland
Blog The United Kingdom (UK) was a member of the European Union (EU) from 1973. In a referendum held on 23 June 2016, the people of the UK voted to leave the EU. One of the reasons was their unhappiness with the fact that immigrants from EU member states could move freely and take up jobs in other EU member countries, including the UK. Conservative Party politicians also promised that the UK’s “national sovereignty” would be restored by leaving the EU.
Botswana and Namibia concluded an agreement on the movement of persons
On 24 February 2023, Botswana and Namibia concluded a bilateral agreement on the movement of persons.[1] This is an important regional development. What is the context and what are the implications? Amnesty International’s Director for East and Southern Africa has written that this agreement is a step in the right direction.
With the SACU tariff offer in the bag, what happens next to AfCFTA trade?
Blog 08 Mar 2023 Gerhard Erasmus,Trudi Hartzenberg It has been reported that the five member states of the Southern African Customs Union (SACU) have recently submitted their joint AfCFTA offer of tariff concessions, and that it meets the required level of ambition.[1] All SACU member states[2] have also ratified the AfCFTA Agreement. The Botswana ratification was the last outstanding one.
First tralac Newsletter 2024
“It is difficult to make predictions, especially about the future.” tralac’s first newsletter for 2024 therefore does not offer predictions; rather we report on multilateral and regional developments which are likely to impact African nations’ trade, integration, and economic policies. We also refer, in some instances, to events in specific countries and regions, as they are relevant to the matters discussed here.
The start of “commercially meaningful trade” under the AfCFTA
About The Webinar In this webinar, we’ll provide an update on the recent AfCFTA developments, including the state of ratifications by Member States of the African Union, and the latest on the state of play in the trade in goods and services negotiations. We’ll discuss the outstanding issues (some rules of origin and tariff concessions) that remain on the negotiating table.
The AfCFTA creates an additional African Free Trade Area
Blog ~ Gerhard Erasmus,Trudi Hartzenberg As a legal construct, the African Continental Free Trade Area (AfCFTA) presently consists of a founding Agreement and three Protocols. The first Protocol establishes a new Free Trade Area (FTA) on the African continent. The second Protocol provides for the liberalization, among the State Parties, of trade in a selected number of services sectors.[1] The third Protocol deals with dispute settlement.
UK court ruling on Boris Johnson’s prorogation of parliament adds key chapter to Brexit saga
Brexit has rewritten many rules of the game for British politics and constitutional law. It has just added another chapter of great importance to this saga. On September 24 the supreme court of the UK ruled in a unanimous judgment by all eleven supreme court judges that Boris Johnson’s prorogation of parliament was unlawful. Commentators described this as a “stunning defeat” for the prime minister. Johnson has been UK prime minister since July 24, after Theresa May resigned.
Gunning for Huawei could backfire on Donald Trump
The US ban soon started to bite. Google announced it would stop supplying components of its Android mobile operating system to Huawei. Several US chipmakers have also ceased sales. Other non-US companies are equally important, such as chipmakers elsewhere. An effective ban will require Washington to exert pressure on them too. How long will this battle last? Huawei issued statements about stockpiling crucial components and working on plans to become less reliant on US technology.
AfCFTA is officially in force - now the real work begins
The founding agreement of the African Continental Free Trade Agreement (AfCFTA) enters into force today. The required number of ratifications has already been deposited and the agreement can now become a binding international legal instrument. This constitutes an important political achievement but will not usher in immediate free trade; several legal instruments must still be finalised. National legal regimes must also be updated to reflect interstate agreements.
Brexit fiasco is a cautionary tale about trying to unravel complex systems
Brexit has become a political and constitutional fiasco due to a flawed process and lack of leadership. Brexit was to have taken place on March 29. This did not happen. The European Council granted the UK an extension until April 12, and then a second extension until October 31 to secure parliamentary support for a withdrawal agreement. The prospects do not look good.
BREXIT: Where does it stand and what are the options?
Blog If I were a business person in the United Kingdom (UK) or a concerned voter, I would be somewhat unhappy about the persistent uncertainty regarding the outcome of the Brexit process. There are two main reasons: The stakes are high, and it is late in the day. The signals from the two centres which must generate the answers (the UK government and Brussels) are often contradictory. On Monday 3 September 2018 (that is 6 months before the end of the two-year period stipulated in Art.
Brexit on Tour in Africa
Prime Minister Theresa May made a brief visit last week to South Africa, Kenya and Nigeria. These are the large, anchor economies of Southern, East and West Africa. They are also all members of the Commonwealth. British media reports said she was hoping to strengthen ties with growing African economies ahead of Brexit. This may prove to be rather challenging.
2018 SADC Summit - Promoting Infrastructure Development and Youth Empowerment for Sustainable Development
The 38th Ordinary Summit of the Heads of State and Government of the Southern African Development Community (SADC) will take place 17th to 18th August 2018 in Namibia. The occasion of the Summit also provides an opportunity to reflect, beyond this year’s specific theme, more broadly, on SADC’s founding ambitions and to appraise progress in attaining its objectives. This tralacBlog reflects on select trade-related matters currently on the SADC agenda.
Is Brexit now in the Emergency Ward?
Brexit is due to happen on 29 March 2019 but there is no agreement yet on how the future relationship between the UK and the EU (the UK’s most important trading partner) will work.
Exceptions in the SADC-EU Economic Partnership Agreement
Part IV of the SADC-EU Economic Partnership Agreement contains certain General Exceptions to the non-discrimination principle in the MFN and national treatment rules. Exceptions are sometimes necessary and are standard in trade agreements. However, when the Parties derogate from basic rules, they must do so only under expressly stated exceptions and must comply with the applicable conditions.[1] These exceptions also confirm that a rules-based approach is favoured.
SADC EPA Trade Defense Mechanisms
The Economic Partnership Agreement (EPA) between the European Union and the Southern African Development Community (SADC) EPA Group[1] is a WTO compatible Free Trade Agreement (FTA) for liberalizing trade in goods.[2] The EU guarantees Botswana, Lesotho, Mozambique, Namibia, and eSwatini 100% free access to its market and has also fully or partially removed customs duties on 98.7% of imports from South Africa.
The Settlement of Disputes under the SADC EPA
African states are not known for instituting formal dispute settlement proceedings about the violation of trade agreements. They never do so amongst themselves and very seldom vis-à-vis third parties. This may be about to change, at least in respect of the implementation of the SADC-EU EPA. According to media reports, the EU and SACU have serious differences about safeguards imposed on EU chicken imports and about the calculation of tariffs on textiles imported from the EU.
Africa takes bold step forward with free-trade agreement
At the extraordinary summit of the AU that convened in Kigali on March 21, 44 of the 55 member states signed the text of a new African free-trade agreement called the African Continental Free Trade Area (AfCFTA). The complete package of legal instruments includes a founding agreement, protocols on trade in goods and services, with annexes on trade-related rules and procedures, and a dispute settlement mechanism. What does this development signal and what could change?
Trump’s looming tariffs could open a Pandora’s box of complications
If exemptions from these tariffs are granted to some, there will be discrimination. This will make it impossible to invoke the agreement on safeguards and Article XIX of GATT 1994.
The Appellate Body Crisis
Discussions The dispute settlement mechanism of the WTO has been a major innovation in international dispute settlement. It is often referred to as the jewel in the crown of the WTO system. It might be in jeopardy.
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