Briefly Africa Trade Law Report | September 2026

President William Ruto recently signaled an intent to reserve small-scale retail and hawking sectors exclusively for Kenyan citizens. While the President has publicly advocated for this policy, the legislative vehicle currently under consideration, Jane Kagiri's Local Content Bill, 2025, proposes a different approach. As drafted, the bill would mandate that foreign companies operating in Kenya source 60% of their goods locally and maintain an 80% Kenyan workforce, with non-compliance carrying penalties of up to Sh100 million and potential jail time for executives.

Neither the proposed ban nor the Local Content Bill has been enacted into law. However, both initiatives have drawn significant attention due to their potential conflicts with constitutional protections, as well as obligations under East African Community (EAC) and World Trade Organization (WTO) frameworks. The resolution of these proposals remains a critical concern for stakeholders ranging from local street vendors to multinational corporations, as any final legislation will fundamentally alter the regulatory landscape for foreign investment and trade in Kenya.

The Kenya Bureau of Standards (KEBS) is moving to overhaul product-quality regulations that have been in place since 1977. Five new draft regulations are currently before Parliament, aiming to formalize the legal status of certification marks, establish licensing frameworks for laboratories and calibration providers, and mandate financial guarantees for imports released prior to testing. The proposed rules also seek to expand the scope of inspection authority to include retail shops and warehouses.

Parliament's Committee on Delegated Legislation has reviewed these drafts and expressed reservations regarding proposed provisions for "covert operations." For importers, manufacturers, and retailers, these regulations represent a significant shift in compliance requirements. As the rules move toward finalization, they are expected to serve as a primary mechanism for both consumer protection and the regulation of market access within Kenya.

Kenya’s customs environment saw a series of restrictive measures in September 2026, aimed at bolstering revenue collection and protecting local industry. A new statutory requirement for export declarations caused significant cargo congestion at the Port of Mombasa, with the Kenya Revenue Authority (KRA) declining requests to suspend the rule. Simultaneously, the government continues to navigate a long-standing legal dispute regarding the valuation of imported used cars.

These developments coincide with a broader trend of increased trade friction, including a July tariff reset that raised duties on steel, vehicles, and mobile phones, as well as new EAC Gazette directives regarding the auction of uncleared goods and targeted duty relief for specific manufacturers. Collectively, these actions place a heightened compliance burden on importers, customs agents, and regional traders, signaling a more aggressive approach to trade enforcement and documentation.

Kenya is currently managing two distinct and parallel trade strategies involving its primary international partners. On September 4, 2026, the United States extended the African Growth and Opportunity Act (AGOA) through the end of 2028, providing for the refund of duties paid during the program's recent lapse. This extension offers a temporary, unilateral preference that remains subject to withdrawal by the U.S. government.

In contrast, Kenya announced on September 30 that it is preparing for comprehensive trade negotiations with China. This effort seeks to build upon an existing "Early Harvest" agreement that currently provides zero-tariff access for Kenyan goods across most Chinese tariff lines. Unlike the AGOA framework, this potential deal represents a reciprocal bargain. Businesses operating in Kenya must now navigate the distinct legal risks and opportunities presented by these two different trade models.

The Central Organisation of Trade Unions (Kenya) (COTU-K) and ITUC-Africa have issued a formal call for increased transparency and enhanced protection for traders operating at border points. During a recent launch event, COTU-K representative Adams Barasa highlighted that systemic bureaucratic hurdles and corruption at these crossings are actively undermining the livelihoods of both informal and formal traders.

The unions are advocating for urgent policy reforms to mitigate these obstacles, arguing that such changes are essential for regional economic integration. This initiative underscores a growing regional focus on the practical challenges faced by traders and highlights the need for fair, standardized practices to facilitate smoother cross-border commerce.

Kenya and the Solomon Islands have officially established diplomatic relations through the signing of a Joint Communiqué. The agreement was formalized by Kenya's Cabinet Secretary for Foreign and Diaspora Affairs, Musalia Mudavadi, and the Solomon Islands' Minister for Foreign Affairs and External Trade, Rick Nelson Houenipwela. This move aligns with Kenya's strategic objective to broaden its international diplomatic footprint, particularly within the Pacific region.

Beyond the symbolic nature of the agreement, the establishment of formal ties creates a legal framework for future bilateral cooperation. The partnership is expected to facilitate discussions in key areas such as trade, the blue economy, and climate action, providing a foundation for potential economic and regulatory engagement between the two nations.

The Reserve Bank of Malawi issued three notices on September 18, 2026, imposing strict new limits on the movement of cash. The directives cap foreign cash holdings at US$1,000 and require proof of a legitimate source for any foreign currency exceeding that amount when leaving the country, while also restricting the export of Malawian kwacha.

These measures appear intended to address low foreign exchange reserves, which currently sit below three months of import cover, by incentivizing the use of the formal banking system. The regulations most significantly impact small-scale cross-border traders, who may now face increased difficulty in sourcing goods abroad using cash.

The Pesticides Control Board of Malawi suspended import licences for aluminium phosphide, a grain fumigant locally known as "chi m'bulu," effective September 25, 2026. The decision follows reports of accidental poisonings, workplace exposure, and self-poisoning linked to the chemical, as well as concerns regarding its illegal sale and improper storage in domestic settings.

Moving forward, the Board intends to implement a strictly regulated regime where only certified, large-scale grain dealers are permitted to use the fumigant. This will involve a tracking system from the point of entry to the final point of use, significantly altering compliance requirements for agro-dealers and grain traders.

The Malawi Revenue Authority (MRA) has granted Authorised Economic Operator (AEO) licenses to seven additional businesses. This expansion is part of the authority's broader strategy to streamline customs procedures and enhance trade facilitation.

By increasing the number of AEO-certified operators, the MRA aims to improve compliance standards and expedite the movement of goods. This development is a practical step in the authority's ongoing efforts to foster a more efficient and transparent customs environment for businesses operating within the country.

The Ministry of Industrialisation, Business, Trade and Tourism has reduced the processing time for import and export licenses from 14 days to three days. This improvement was achieved through the implementation of the National Single Window platform.

This reduction in administrative processing is a significant development for businesses engaged in international trade, as it addresses a long-standing barrier to efficiency. For legal and trade practitioners, this shift signals a more streamlined regulatory environment, necessitating adjustments in how import and export compliance and logistics are managed.

The Export Development Fund, a subsidiary of the Reserve Bank of Malawi, has partnered with FDH Bank plc to formalize gold purchases from small-scale miners and traders. The initiative establishes new buying centers across the country to bring artisanal and small-scale mining activity into regulated channels.

This partnership has important implications for financial compliance, particularly regarding anti-money laundering and counter-financing of terrorism frameworks. By moving these transactions into the formal sector, the initiative also aims to improve foreign exchange management and tax collection related to the mining industry.

The Tobacco Commission in Malawi has launched a farmer registration and "Know Your Grower" (KYG) exercise ahead of the 2026/27 growing season. The program is designed to enhance traceability and oversight within the tobacco sector.

By implementing this registration drive, the Commission aims to track tobacco from its origin, ensuring the industry meets international demands for supply chain transparency and ethical sourcing. This proactive regulatory move is intended to prepare the sector for future market requirements and ensure long-term compliance.

Customs authorities from Malawi, Mozambique, South Africa, Zambia, and Zimbabwe have formally adopted a roadmap to integrate their trade data systems. This initiative aims to facilitate the exchange of information before cargo reaches the border, effectively creating a more transparent regional customs environment. While the roadmap currently functions as a strategic plan rather than binding legislation, it signals a significant shift toward automated cross-border verification.

The move builds upon existing data-sharing frameworks already operational between Zambia and Malawi, as well as a recent agreement between Malawi and South Africa. For Malawian importers, this development means that customs declarations will be increasingly subject to automated cross-referencing against export data provided by suppliers in neighboring countries. Businesses should anticipate heightened scrutiny of discrepancies between import and export documentation as these systems continue to synchronize.

Nigeria is undergoing a significant reform of its free zone regulatory framework, as outlined by Trade Minister Jumoke Oduwole in September 2026. The new policy aims to curb the practice of selling duty-free goods into the domestic market, strictly enforcing the 75/25 export rule to ensure that incentives remain aligned with their intended purpose of boosting exports.

The reforms also clarify that administrative concessions cannot supersede Acts of Parliament and introduce a streamlined structure where each agency is assigned a single, defined role. Additionally, the framework expands free zone status to include digital platforms. As these regulations remain in draft form, stakeholders are closely monitoring how the government will reconcile these new requirements with the rights and operations of existing investors.

Nigeria’s participation in the African Continental Free Trade Area (AfCFTA) is showing signs of operational progress, with the third quarter of 2026 marking a transition from policy to practice. During a September meeting of the Central Coordination Committee, officials reported that the processing time for Certificates of Origin has been reduced to 24 hours, and several non-tariff barrier cases have been successfully resolved. Furthermore, Trade Minister Jumoke Oduwole has assumed the chair of the Bureau of the AfCFTA Council of Ministers.

Despite these administrative improvements, a critical legal hurdle remains: the AfCFTA Domestication Bill is currently pending before the House. Until this legislation is enacted, the agreement lacks the force of law in Nigerian courts, a factor that remains the most significant consideration for legal practitioners advising on trade disputes and contractual enforcement under the AfCFTA framework.

The Nigerian Federal Ministry of Livestock Development has entered into discussions with the United Nations Industrial Development Organisation (UNIDO) to establish a technical collaboration for the livestock sector. The proposed initiative focuses on creating a comprehensive tracking system to monitor livestock from production through to export and domestic consumption.

By addressing animal identification, traceability, and laboratory capacity building, the partnership aims to align Nigeria’s livestock products—such as meat and honey—with international food safety and certification standards. This move is intended to bolster the country's export capacity and ensure that Nigerian products can effectively compete in global markets while maintaining rigorous compliance with international health regulations.

Nigeria is currently grappling with a severe economic challenge as illicit mining and the illegal trade of solid minerals continue to drain the nation's financial resources. Recent reports indicate that these unregulated activities result in an estimated annual loss of N13.7 trillion.

Industry stakeholders have raised urgent alarms regarding the scale of this financial hemorrhage. The situation has prompted widespread calls for immediate government intervention and more robust regulatory enforcement to curb illegal operations and safeguard the country's mineral wealth for legitimate economic development.

The Federal High Court in Lagos has convicted trader Elijah Chigbogu and two associated corporate entities, Prolife & Well Pharmaceutical Limited and God of Elijah Nigeria Limited, for the illegal importation and distribution of fake and unregistered drugs. The court imposed a fine of ₦1.5 million on Chigbogu, marking a decisive judicial action against illicit pharmaceutical activities.

This ruling underscores the judiciary's commitment to addressing the public health risks posed by counterfeit medications in Nigeria. By holding both individuals and corporate entities accountable, the court has signaled an increase in regulatory and judicial scrutiny of the pharmaceutical supply chain, serving as a deterrent against the proliferation of unregulated drugs in the market.

South Africa intensified its trade-defense measures regarding the steel sector throughout September 2026. The government has implemented a combination of anti-dumping duties on Chinese coated steel and a safeguard measure that maintains a cumulative duty burden of 57.84%. Additionally, South Korea has been included in the safeguard measures for hot-rolled steel, and previous rebate loopholes for structural sections have been closed retroactively.

While primary steel producers have welcomed these protections, downstream manufacturers face significant cost increases and new compliance challenges. The International Trade Administration Commission (ITAC) has opened a second phase of its review, which may lead to further duty increases and the introduction of import permits for a wider range of steel products. Affected parties have until October 16 to submit their positions.

South Africa's trade-remedy authorities have expanded their enforcement efforts beyond the steel sector. In September 2026, the South African Revenue Service (SARS) took action against the circumvention of anti-dumping duties on Chinese windscreens, specifically targeting shipments routed through Malaysia and misclassified as general car parts. Simultaneously, ITAC has initiated new anti-dumping investigations into PET resin from China, Egypt, and Oman, as well as Portland cement from Vietnam and Mozambique.

Furthermore, the Trade Minister has requested a comprehensive sector-wide review of the paper industry. With multiple submission deadlines approaching in mid-October, businesses in the automotive, construction, packaging, and printing sectors must prepare for potential shifts in the cost of imported inputs. These investigations and reviews are set to have a significant impact on the competitive landscape across the Southern African Customs Union (SACU).

In September 2026, the South African Revenue Service (SARS) overhauled three distinct areas of customs and excise regulation, introducing new compliance burdens for a wide range of industries. Multinationals importing goods from related entities must now adhere to a formal, deadline-driven procedure to incorporate transfer pricing adjustments into their customs valuations. Simultaneously, the environmental levy on fossil and nuclear power has been repealed retroactively to January, with a new mechanism established for claiming refunds.

Furthermore, the regulatory framework for diesel refunds has been significantly tightened. All farmers, foresters, and miners claiming these refunds, as well as their fuel suppliers, are now required to register on a new system that operates independently of the VAT regime. These updates introduce critical new deadlines, documentation requirements, and operational risks that businesses must manage to ensure continued compliance and eligibility for relief.

South Africa’s trade relationship with the United States entered a more complex phase in September 2026. While the African Growth and Opportunity Act (AGOA) was extended through the end of 2028, the two-year duration fell significantly short of the 15-year term sought by Pretoria. This extension does not provide relief from existing 12.5% forced-labour tariffs or Section 232 vehicle tariffs, and it leaves South Africa’s eligibility status for 2027 uncertain.

The situation was further complicated by the imposition of US visa restrictions linked to South African land reform and race-based policies. With South Africa’s own forced-labour import ban still pending—a measure viewed as a potential catalyst for tariff reduction—exporters and investors are now operating within a significantly more layered and unpredictable regulatory environment.

South African agribusinesses are intensifying pressure on BRICS nations to dismantle barriers to intra-bloc agricultural trade. Represented by the Agribusiness Working Group, which includes Agbiz and Agri SA, the sector is calling for a reduction in import tariffs and the streamlining of complex sanitary and phytosanitary requirements.

These non-tariff barriers are currently viewed as significant impediments to the growth of agricultural exports within the bloc. The call to action was issued ahead of the 18th BRICS summit, highlighting the industry's focus on harmonizing regulatory standards to facilitate smoother cross-border movement of goods and improve market access for South African producers.

The South African Department of Trade, Industry and Competition (dtic) has officially withdrawn a directive that would have mandated a Certificate of Conformity for Chinese imports. Originally gazetted in March 2026 and scheduled for implementation in September, the requirement was intended to enhance consumer safety and ensure fair trade practices for various goods.

The reversal of this policy eases the regulatory burden on importers who would have otherwise faced additional administrative hurdles to bring Chinese products into the South African market. The decision marks a notable shift in the government's approach to managing the influx of these goods, prioritizing trade fluidity over the previously proposed certification regime.

Zambia experienced a significant shift in its fiscal landscape on 30 September 2026, as three major temporary tax relief measures reached their expiration. Because these reliefs were implemented via short-term suspension instruments that expire automatically, the return to ordinary tax rates occurred immediately without the need for further legislative action unless new gazetted orders are issued.

The impact of these expirations is broad, affecting multiple sectors of the economy. The duty-free window for copper concentrate exports has closed, excise duties on petrol and diesel have been reinstated—resulting in a pump price increase of over K6 per litre—and the zero-duty window for 26 designated wheat importers has ended. These changes have collectively increased operational costs for miners, transporters, and millers as of the start of October.

Zambia’s current wheat import regime reflects a significant departure from the protectionist policies of 2015, when the country banned imports due to a surplus of local production. By 2026, however, domestic output plummeted to approximately 82,000 tonnes, forcing the government to suspend duty on 300,000 tonnes of imported wheat within a single month to address the shortfall.

This reliance on a discretionary permit system and short-lived duty suspensions creates a complex environment for market participants. As the 2027 Budget approaches, policymakers face the critical decision of whether to continue managing the wheat deficit on a case-by-case basis or to transition toward a more transparent, rules-based framework. Such a shift would aim to provide greater stability for farmers, millers, and consumers while aligning more closely with international trade commitments.

The Zambian Ministry of Mines and Minerals Development, represented by Permanent Secretary Hapenga Kabeta, has announced the drafting of a new entity to be known as the Zambia Gold Trade Agency. This proposed organization is intended to centralize the management of gold purchases for export, marking a notable shift toward increased state oversight of the gold value chain.

This development carries significant implications for the commercial landscape, as the creation of a state-led procurement and export body may alter private sector participation and influence domestic pricing mechanisms. Legal practitioners are closely monitoring the draft stage of this initiative, as it is expected to precede further legislative or regulatory changes that will define the agency's operational scope and impact on foreign exchange earnings.

Zimbabwe and the United Arab Emirates are advancing their bilateral economic ties, as confirmed by Foreign Affairs and International Trade Minister Amon Murwira. Following an initial Memorandum of Understanding on political dialogue, the two nations are now actively engaged in negotiations to finalize a Comprehensive Economic Partnership Agreement (CEPA).

This ongoing diplomatic effort signals a strategic intent to formalize and broaden trade and investment cooperation. For businesses and legal practitioners, the potential finalization of a CEPA represents a significant opportunity, as such an agreement is expected to facilitate trade through the reduction of tariffs, the harmonization of regulatory standards, and the establishment of clearer investment frameworks.

The Zimbabwe Revenue Authority (ZIMRA) has intensified its border enforcement efforts by implementing strict licensing requirements for the import and export of specific commercial goods. Traders are now required to secure special permits for restricted items, while the authority continues to actively confiscate prohibited materials.

This policy is designed to serve several key national interests, including the protection of consumers from hazardous products and the conservation of foreign currency. Furthermore, the enforcement measures are intended to combat intellectual property theft, ensuring that only compliant and authorized goods enter or leave the country.

Zimbabwe is currently exploring the implementation of a zero-tariff policy with China as a means to accelerate the modernization of its agricultural sector. This initiative is viewed as a strategic alignment with the country's National Development Strategy 2 (NDS2), which prioritizes export diversification and the expansion of trade and investment as primary drivers for structural economic transformation.

By leveraging China's trade policy, the government aims to boost rural industrialization through improved irrigation, mechanization, and the adoption of climate-smart farming practices. While the specific parameters of the policy, such as the list of eligible products, remain under consideration, the initiative is positioned as a catalyst for long-term growth and increased agricultural exports.

Zimbabwe and Angola have formally ratified the Establishment Agreement for the Fund for Export Development in Africa (FEDA). This move expands the fund's geographic footprint and provides new avenues for investment and project financing across the continent.

By committing to the FEDA framework, both nations are signaling a strong focus on fostering industrialization and export-led growth. For legal professionals and businesses, this ratification introduces a new financial instrument that may help de-risk cross-border investments and improve access to capital for export-oriented ventures within the region.

Presidents Emmerson Mnangagwa of Zimbabwe and Daniel Chapo of Mozambique have announced a major expansion of the Beira-Harare fuel corridor. The project aims to increase the annual transport capacity of the CPMZ pipeline from three million to five million cubic metres by the end of 2027, representing a 67% boost.

This bilateral agreement highlights a strategic effort to strengthen regional energy security and infrastructure. For legal practitioners, the initiative underscores the increasing complexity of cross-border infrastructure projects, which necessitate sophisticated expertise in international law, project finance, and multi-jurisdictional regulatory compliance.

Old Mutual shares resumed trading in Zimbabwe on August 12, 2026, following a six-year suspension. The company successfully transitioned its secondary listing from the Zimbabwe Stock Exchange to the US dollar-based Victoria Falls Stock Exchange (VFEX), where shares opened at $0.76 and closed at $0.7817 on their first day.

This move represents a significant shift for Zimbabwe’s capital markets and provides Old Mutual with renewed access to a dollar-denominated trading platform. The re-listing is a notable development for investors and legal counsel, particularly given the previous regulatory challenges surrounding the suspension of the insurer's fungible shares.