A comparative synopsis of the statutory prohibition of insider trading in Namibia and South Africa Cover Image

A comparative synopsis of the statutory prohibition of insider trading in Namibia and South Africa
A comparative synopsis of the statutory prohibition of insider trading in Namibia and South Africa

Author(s): Howard Chitimira, Thabang Terrance Mabina
Subject(s): Law on Economics, Commercial Law
Published by: Societatea de Stiinte Juridice si Administrative
Keywords: insider trading; enforcement framework; market abuse; penalties; regulation;

Summary/Abstract: Insider trading is statutorily prohibited in both Namibia and South Africa. Nonetheless, insider trading activities are reportedly still occurring with some degree off requency in the Namibian and South African financial markets. Given this background, the article comparatively explores the regulation of insider trading in Namibia and SouthAfrica. This is done to investigate and scrutinise the adequacy of such regulation. In this regard, the relevant provisions, penalties, remedies and other enforcement approaches contained in the Namibian and South African anti-insider trading legislation are discussed. The authors submit that the Namibian anti-insider trading regulatory framework is relatively more flawed and inadequate than that of South Africa. Accordingly, the article discusses the statutory prohibition of insider trading in Namibia prior to, and subsequent to 2004 in order to isolate such flaws. There after, recommendations and enforcement approaches that could be incorporated in the relevant Namibian insider trading laws from the South African anti-insider trading regulatory framework are briefly discussed.

  • Issue Year: 9/2019
  • Issue No: 19
  • Page Range: 492-514
  • Page Count: 23
  • Language: English