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Market Abuse Regulation in SADC: South Africa, Namibia, Botswana and Zimbabwe, 1st Edition

Market Abuse Regulation in SADC: South Africa, Namibia, Botswana and Zimbabwe, 1st Edition

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Product Details:

Author(s): Prof Chitmira, H
Page count: 390
ISBN: 9781485140542
Languages(s): English,
Year Published: 2022
Categories: Africa, Banking and Finance, Law, Law, Law, L
Type: Print

About this publication

The book provides a contemporary exploration into the adequacy of the anti-market abuse regulatory and enforcement frameworks in the Southern African Development Community (SADC) countries, especially South Africa, Namibia, Botswana and Zimbabwe. Notably, this exploration is undertaken in light of the ongoing corona virus (covid-19) pandemic-induced global economic challenges that are currently felt in the SADC region.

Moreover, the book unpacks the regulatory and enforcement challenges brought by new technological innovations as well as the increased usage and/or reliance on social media and the Internet for securities trading and corporate communications by many companies and market participants in the SADC region. It exposes the current gaps and flaws in the anti-market abuse laws of South Africa, Namibia, Botswana, Zimbabwe and other SADC countries in relation to their scope of application, adequacy of their offences, penalties, defences and enforcement to combat market abuse activities in the relevant financial markets. The book outlines several problems associated with the poor enforcement of the anti-market abuse legislation in the SADC region and it recommends possible solutions to such problems to increase deterrence, detection, investigation, settlement, and prosecution of market abuse cases in the capital and financial markets of South Africa, Namibia, Botswana, Zimbabwe, and other SADC countries. For instance, the book recommends the adoption of uniform anti-market abuse legislation that is homogeneously enforced in the SADC region and the adoption of innovative technological measures such as artificial intelligence (AI) to enhance the regulation, prevention, detection, and investigation of market abuse activities in the SADC financial markets.

Apart from this book, no other book that specifically deals with the regulation and enforcement of anti-market abuse legislation in the SADC region has been published to date. As such, this book tackles contemporary market abuse challenges and addresses the aforesaid gap in the SADC financial markets.

This book can be utilised by both undergraduate and postgraduate students that specialise in securities and financial markets law. Corporate and financial markets lawyers, policymakers, academics, brokers, securities (share) holders and other market participants who deal in securities and financial instruments in both regulated and unregulated financial markets in the SADC region and other jurisdictions will also find it useful.

Howard Tafara Chitimira is a full professor of law and research professor at the faculty of law of North-West University. He is also an advocate of the High Court of South Africa and a National Research Foundation (NRF) rated legal scholar and holder of many NRF grants since 2016. Prof Chitimira holds the degrees Bachelor of Laws (LLB) Cum Laude (UFH), Master of Laws (LLM) (UFH) and Doctor of Laws (LLD) (NMMU). For his doctorate, he specialised in securities and financial markets law. To date, he has published five books and over eighty academic journal articles in securities and financial markets law and related fields. Prof Chitimira is a reviewer and editorial board member of several law journals in South Africa and elsewhere, as well as an external examiner for LLB, LLM and LLD degrees. He serves on editorial boards of journals such as the Potchefstroom Electronic Law Journal, Namibia Law Journal and The Journal of Corporate and Commercial Law & Practice. He has also acted as a guest editor for the Interdisciplinary Journal of Economics and Business Law, Namibia Law Journal, Potchefstroom Electronic Law Journal and Speculum Juris. He founded the Annual International Corporate and Financial Markets Law Conference which was successfully launched at the North-West University faculty of law in 2021. He was appointed by the Academy of Science of South Africa (ASSAf) on behalf of the Department of Higher Education and Training (DHET) to serve on an ad hoc ASSAf Consensus Panel to peer review new applications and re-applications of journals for DHET accreditation from October 2019 to date. He has delivered keynote lectures on securities and financial markets law at Cambridge University, University of Melbourne, University of Manitoba, Oxford University, University of Seville, University of British Columbia, University of Namibia and the Zambia Institute of Advanced Legal Education. He is often invited to give expert advice on topical aspects in securities and financial markets law and related fields by institutions such as the NRF, ASSAf, DHET, Zimbabwe Environmental Law Association (ZELA) and Financial Action Task Force (FATF). He was elected Vice President of the Society for Law Teachers of Southern Africa in 2022.

Content

• Chapter One: Background and Introductory Remarks

• Chapter Two: Market Abuse Regulation in South Africa

• Chapter Three: Market Abuse Regulation in Namibia

• Chapter Four: Market Abuse Regulation in Botswana

• Chapter Five: Market Abuse Regulation in Zimbabwe

• Chapter Six: Overview Analysis of the Regulatory and Enforcement Challenges

• Chapter Seven: Market Abuse Regulation in South Africa, Botswana, Namibia and Zimbabwe during the Covid-19 Pandemic

• Chapter Eight: The Future of Market Abuse Regulation in the SADC Region

• Index


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