The admission and enrolment of foreign legal practitioners in SACU countries as an international trade services issue

Abstract

When WTO members make GATS commitments, it is imperative to do follow-up studies to establish how each member adheres to her international obligations and the laws they profess to uphold. To this end, the dissertation calibrated each SACU country's GATS commitments in the background of the laws underpinning those commitments as a way to see if they uphold international ratifications. Data were collected from information available in the public domain and published online. The study established that legal services are the most restricted in all SACU countries except Lesotho. For example, foreign legal practitioners are not admitted or enrolled in the Republic of South Africa and Namibia unless they become ordinary residents or citizens. In BOLESWA countries, namely Botswana, Lesotho and Eswatini, law graduates from sister universities are given preferential treatment. Graduates with qualifications from outside BOLESWA, irrespective of nationality, must sit for local Bar examinations and satisfy some local laws. For these reasons, the measures put in place are viewed as a wanton infringement of each respective country's constitution and the key tenets of GATS. Using Lesotho, one of the SACU members who has completely liberalised legal services, as a model, the study, through recommendations, demonstrates how these countries could best comply with the GATS to enhance regional integration, cooperation, and development.