Briefly Africa Trade Law Report | September 2026

President William Ruto recently signaled an intent to reserve small-scale retail and hawking exclusively for Kenyan citizens. While this policy objective aligns with the Local Content Bill, 2025, currently before Parliament, the draft legislation as written focuses on broader mandates for foreign companies. Specifically, the bill proposes that foreign entities source 60% of their goods locally and maintain an 80% Kenyan workforce, with non-compliance carrying severe penalties including Sh100 million fines and potential imprisonment for executives.

Neither the proposed ban on foreign small-scale trade nor the Local Content Bill has been enacted into law. However, the proposals 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. Stakeholders ranging from street vendors to multinational corporations are closely monitoring these developments, as any legislative shift in this direction would fundamentally alter the regulatory landscape for foreign investment and trade in Kenya.

The Kenya Bureau of Standards (KEBS) is moving to modernize the nation’s product-quality framework, which has relied on regulations dating back to 1977. Five new draft regulations are currently before Parliament, aiming to formalize certification marks, establish licensing for laboratories and calibration providers, and mandate financial guarantees for goods released prior to testing. The proposed rules also seek to expand inspection powers to include shops and warehouses.

Parliament’s Committee on Delegated Legislation has reviewed the drafts and expressed reservations regarding KEBS's proposed authority to conduct "covert operations." For importers, manufacturers, and retailers, these regulations represent a significant shift in compliance requirements. The final implementation of these rules will be a critical factor in balancing consumer protection standards with the operational openness of the Kenyan market.

Kenya’s customs environment underwent a series of restrictive changes in September 2026, aimed at bolstering revenue collection and protecting local industry. A new statutory requirement for export declarations has caused significant cargo congestion at the port of Mombasa, with the Kenya Revenue Authority (KRA) declining requests to suspend the measure. Concurrently, the government continues to navigate a long-standing legal dispute regarding the valuation of used vehicle imports.

These developments occur alongside a broader shift in regional trade policy, including an EAC Gazette notice scheduling auctions for uncleared goods and the implementation of a July tariff reset that increased duties on steel, vehicles, and mobile phones. Collectively, these measures increase the compliance burden for importers, logistics agents, and regional traders, signaling a more rigorous enforcement posture by Kenyan authorities.

Kenya’s trade strategy is currently operating on two distinct tracks 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 one-way preferential access arrangement that remains subject to U.S. policy discretion.

In parallel, the Kenyan government announced on September 30 that it is prepared to initiate comprehensive trade negotiations with China. This effort builds upon an existing "Early Harvest" agreement that provides zero-tariff access for many Kenyan goods. While the AGOA extension offers immediate stability for exporters, the potential reciprocal trade deal with China introduces a new set of legal and economic considerations that will shape the competitive landscape for Kenyan businesses.

The Central Organisation of Trade Unions (Kenya) (COTU-K) and ITUC-Africa have issued a joint call for urgent reforms to address systemic barriers at African border crossings. During a recent launch event, COTU-K representative Adams Barasa highlighted that bureaucratic hurdles and corruption at these transit points are severely undermining the livelihoods of both formal and informal traders.

This initiative reflects a growing regional consensus on the need for transparent, efficient border management to facilitate economic integration. By advocating for improved trader protection and the removal of arbitrary obstacles, the unions are seeking to create a more equitable environment for cross-border commerce, which remains a vital component of the regional economy.

Kenya and the Solomon Islands have formally established diplomatic relations through the signing of a Joint Communiqué. The agreement was finalized 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 is part of a broader Kenyan initiative to expand its diplomatic footprint within the Pacific region.

Beyond the symbolic nature of the agreement, the formalization of ties creates a legal framework for future bilateral cooperation. The two nations intend to explore collaborative opportunities in key sectors, including the blue economy, climate action, and international trade, providing a foundation for potential future economic and regulatory engagement between the two countries.

Nigeria has initiated a comprehensive reform of its free zone regulatory framework, as outlined by Trade Minister Jumoke Oduwole in September 2026. The proposed changes aim to curb the unauthorized sale of duty-free goods into the domestic market while ensuring that tax incentives remain strictly aligned with export-oriented activities. Key features of the reform include the enforcement of the 75/25 export rule, the clarification of agency mandates, and a legal assertion that administrative concessions cannot supersede Acts of Parliament.

The draft regulations also propose extending free zone status to digital platforms, signaling a modernization of the sector. However, the practical impact of these reforms remains uncertain, particularly regarding how they will be applied to existing investors. Stakeholders are closely monitoring the transition to determine whether the new framework will provide the intended regulatory clarity or introduce significant operational disruptions.

Nigeria’s implementation of the African Continental Free Trade Area (AfCFTA) agreement is showing tangible progress, according to third-quarter 2026 data. 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. Additionally, Trade Minister Jumoke Oduwole has assumed the chair of the Bureau of the AfCFTA Council of Ministers, further elevating Nigeria's influence within the bloc.

Despite these operational improvements, a critical legal hurdle remains: the AfCFTA Domestication Bill, which is currently before the House. Until this legislation is enacted, the agreement lacks the force of law in Nigerian courts. For legal practitioners and businesses, this means that while administrative processes are becoming more efficient, the full legal enforceability of AfCFTA provisions remains contingent upon the successful passage of the domesticating legislation.

The Nigerian Federal Ministry of Livestock Development has entered into technical discussions with the United Nations Industrial Development Organisation (UNIDO) to establish a robust livestock tracking and certification system. This initiative is designed to enhance traceability, improve food safety standards, and bolster the country's capacity to export livestock products, including meat and honey, to global markets.

The collaboration will focus on critical areas such as animal identification, laboratory capacity building, and ensuring compliance with international certification requirements. By aligning domestic practices with global standards, the government aims to unlock new export opportunities and strengthen the overall integrity of the Nigerian livestock supply chain.

Nigeria is currently grappling with the economic consequences of widespread illicit mining and the illegal trade of solid minerals. Recent reports indicate that the nation suffers an estimated annual loss of N13.7 trillion due to these unregulated activities.

Industry stakeholders have raised significant concerns regarding this financial drain, characterizing it as a major impediment to national economic stability. There is now a growing consensus among these groups calling for immediate and decisive government intervention to curb illegal operations and secure the country's mineral wealth.

The Federal High Court in Lagos recently convicted trader Elijah Chigbogu and two associated 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 significant judicial intervention in the pharmaceutical sector.

This ruling underscores the judiciary's commitment to addressing the public health risks posed by counterfeit pharmaceuticals. By holding both individuals and corporate entities accountable, the court has signaled a heightened level of regulatory and judicial scrutiny over the pharmaceutical supply chain. This case serves as a clear deterrent to those involved in the illicit drug trade and reinforces the legal imperative to maintain strict compliance with national health and safety standards.

South Africa has intensified its use of trade-defense instruments to protect its domestic steel industry. As of September 2026, the government has implemented a combination of anti-dumping duties on Chinese coated steel and safeguard measures, resulting in a cumulative duty burden of 57.84%. Additionally, the government has extended safeguard measures to include hot-rolled steel from South Korea and has retroactively closed rebate loopholes for structural steel sections.

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

South Africa’s trade-remedy authorities have expanded their enforcement activities 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 goods. Concurrently, ITAC has launched new anti-dumping investigations into PET resin imports from China, Egypt, and Oman, as well as Portland cement from Vietnam and Mozambique.

Furthermore, the government has initiated a sector-wide review of the paper industry at the request of the Trade Minister. With multiple submission deadlines falling in mid-October, these investigations and reviews are set to have a significant impact on cost structures for industries ranging from automotive manufacturing to construction and packaging across the Southern African Customs Union (SACU).

In September 2026, the South African Revenue Service (SARS) introduced significant revisions to customs and excise regulations affecting a broad range of industries. Multinationals importing goods from related entities are now subject to a formal, deadline-driven framework for incorporating transfer pricing adjustments into their customs valuation. Simultaneously, the environmental levy on fossil and nuclear power generation has been repealed with retrospective effect to January, establishing a new mechanism for claiming refunds.

Furthermore, the regulatory landscape for diesel refunds has undergone a major overhaul. All farmers, foresters, and miners claiming these refunds, as well as their suppliers, are now required to re-register on a new system that operates independently of VAT. These changes impose new compliance obligations, including updated documentation requirements and strict deadlines, necessitating a careful review of existing customs and excise processes to mitigate potential operational risks.

South Africa’s trade relationship with the United States reached a complex juncture in September 2026. While the African Growth and Opportunity Act (AGOA) was extended through the end of 2028, the two-year reprieve fell significantly short of the 15-year extension sought by Pretoria. Crucially, the extension does not address existing trade barriers, including the 12.5% Section 301 forced-labour tariff on most South African goods or the Section 232 tariffs on vehicles, and it leaves the 2027 eligibility determination unresolved.

Adding to the regulatory pressure, the U.S. imposed visa restrictions linked to South Africa’s land reform and race-based policies shortly after the AGOA announcement. With South Africa’s own forced-labour import ban still pending—a measure viewed as a potential pathway to tariff relief—exporters and investors are navigating an increasingly layered and volatile trade environment. Businesses must now account for these overlapping geopolitical and regulatory factors when planning long-term market access strategies.

South African agribusinesses are intensifying their calls for the BRICS bloc to dismantle persistent trade barriers that hinder intra-bloc agricultural commerce. The Agribusiness Working Group, representing industry bodies Agbiz and Agri SA, has formally urged member nations to reduce import tariffs and streamline non-tariff measures, specifically citing the burden of complex sanitary and phytosanitary requirements.

This advocacy effort, launched ahead of the 18th BRICS summit, highlights the strategic importance of harmonizing trade standards to unlock regional growth. For South African exporters, the removal of these regulatory hurdles is viewed as essential to improving market competitiveness and facilitating the smoother movement of agricultural products across the bloc's borders.

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 slated for implementation in September, the requirement was intended to bolster consumer safety and ensure fair trade practices for goods such as electronics.

The reversal of this policy marks a significant shift in the regulatory requirements for importers of Chinese goods. By removing the mandatory certification mandate, the dtic has effectively eased the administrative burden on businesses that were preparing to comply with the new safety standards, providing immediate relief to supply chains that would have been impacted by the additional oversight.

As of 30 September 2026, three significant temporary tax relief measures in Zambia have expired. The duty-free window for copper concentrate exports has closed, and excise duties on petrol and diesel have been reinstated, resulting in a pump price increase of more than K6 per litre. Additionally, the zero-duty window for wheat imports, which applied to 26 designated importers, has concluded.

Because these reliefs were implemented via short-term suspension instruments that expire automatically, the standard tax rates have reverted by default. Businesses across the mining, transport, and milling sectors are now adjusting to the immediate impact of these higher operational costs, pending any potential government action to gazette new relief measures.

Zambia’s wheat import regime has undergone a dramatic shift, moving from a 2015 ban intended to protect domestic surplus to a 2026 environment where duty was suspended on 300,000 tonnes of imports due to a collapse in local production to 82,000 tonnes. This current framework relies heavily on a discretionary permit system and short-lived duty suspensions to manage the supply-demand gap.

As the 2027 Budget approaches, the government faces a critical policy decision regarding the future of this sector. The central question is whether to continue managing the wheat deficit on a case-by-case basis or to transition toward a more transparent, rules-based trade regime that provides greater predictability for farmers, millers, and consumers while aligning with international trade commitments.

The Zambian Ministry of Mines and Minerals Development has announced the development of a new entity, the Zambia Gold Trade Agency, which is currently in the draft stage. Permanent Secretary Hapenga Kabeta confirmed that the agency is intended to manage gold purchases for export, signaling a strategic shift toward increased state oversight of the gold value chain.

This initiative suggests a move toward centralizing gold trading activities, which may have significant implications for private sector participation, domestic pricing mechanisms, and national foreign exchange earnings. Legal practitioners should monitor this development closely, as it foreshadows upcoming legislative or regulatory changes that will likely reshape the commercial landscape of the country's gold sector.

Zimbabwe and the United Arab Emirates are advancing negotiations toward a Comprehensive Economic Partnership Agreement (CEPA), building upon an existing Memorandum of Understanding on political dialogue. Foreign Affairs and International Trade Minister Amon Murwira confirmed the ongoing nature of these talks, which aim to formalize and deepen the bilateral trade and investment relationship.

For businesses and legal practitioners, the potential finalization of a CEPA represents a significant development in the regulatory environment. The agreement is expected to facilitate trade by potentially reducing tariffs, harmonizing regulatory standards, and establishing clearer frameworks for cross-border investment between the two nations.

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

This policy is designed to bolster border security and protect the domestic market. By enforcing these strict controls, ZIMRA aims to prevent the entry of hazardous products, conserve scarce foreign currency, and mitigate the risks associated with intellectual property theft.

Zimbabwe is currently exploring the implementation of a zero-tariff policy with China to stimulate its agriculture sector and support rural industrialization. This initiative is being positioned as a key component of the National Development Strategy 2 (NDS2), which prioritizes export diversification and the modernization of agricultural infrastructure, including irrigation and mechanization.

By aligning with China’s trade policy, the government aims to create a catalyst for structural transformation and economic growth. While the specific details regarding eligible products and implementation timelines remain under consideration, the policy is intended to serve as a strategic driver for increasing agricultural exports and facilitating broader investment in the rural economy.

Zimbabwe and Angola have formally ratified the Establishment Agreement for the Fund for Export Development in Africa (FEDA), a move that expands the fund's geographic reach and investment capacity across the continent. This ratification legally binds both nations to the FEDA framework, signaling a shared commitment to accelerating industrialization and export-oriented growth.

For legal professionals and businesses, this development introduces new opportunities for project and trade finance. By participating in the FEDA framework, these countries aim to de-risk investments and improve access to capital, providing a new financial instrument for entities engaged in intra-African trade and cross-border commercial ventures.

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

This project represents a significant development for regional energy security and infrastructure in Southern Africa. For legal practitioners, the initiative highlights the growing complexity of cross-border infrastructure projects, necessitating specialized expertise in international law, project finance, and regulatory compliance across multiple jurisdictions.

Old Mutual shares officially resumed trading in Zimbabwe on August 12, following a six-year suspension. The company transitioned its secondary listing from the Zimbabwe Stock Exchange to the Victoria Falls Stock Exchange (VFEX), a platform that operates using US dollars. During the inaugural session, the shares opened at $0.76 and closed at $0.7817, reflecting a 2.9% increase.

This re-listing marks a strategic shift for the insurer and a notable milestone for Zimbabwe's capital markets, particularly following the previous suspension of the company's fungible shares. For investors and legal professionals, the move provides renewed access to the Zimbabwean market through a dollar-denominated exchange, signaling a potential stabilization in the regulatory environment for secondary listings.