The Business Trust and a Southern African Lex Mercatoria

Abstract

This article is an investigation into the potential of the trust concept and a the development of a model trust law as commercial vehicles to contribute to the development of a Southern African lex mercatoria. It is proposed that Southern Africa may improve its competitiveness by way of a distinctive lex mercatoria, both within the larger African context and as international gateway to investment in Africa. It is submitted that sound and certain regulatory mechanisms for legal entities are of the utmost importance in a region wanting to achieve objectives of the nature of those of the Southern African Development Community. The development of a distinctive Southern African lex mercatoria may well contribute to a more attractive and accessible environment in which to transact business.