Being largely a free-market economy, South African encourages foreign investment in both private and public sectors. Factors attracting FDI into the country include a transparent regulatory system and political stability; however criminal violence, petty corruption and a highly regulated labour market are some of the impediments. FDI stocks as a percentage of GDP have marginally declined from 32.7% in 2000 to 30.2% in 2006.
According to the World Investment Report 2007 of the UNCTAD, the potential attractiveness for foreign investment in South Africa is strong compared with other countries in the world, but performances are poor in terms of the reception of the FDI made. In fact, of the 141 countries studied, Japan is ranked as the 73rd in the world as far as potential attractiveness for FDI is concerned. However, in terms of performance, it drops to 105th place.
| Foreign Direct Investment | 2004 | 2005 | 2006 |
| FDI of inward flow (millions USD) | 799 | 6,251 | -323 |
| FDI inward stock (millions USD) | n.c. | n.c. | 77,038.0 |
| Performance Index*, world ranking | 128 | 105 | 120 |
| Potential Index**, world ranking | 74 | 73 | n.c. |
| Number of Greenfield investments | 51 | 63 | 74 |
| FDI inwards (in % of GFCF) | 2.3 | 15.4 | -0.7 |
| FDI stock (in % of GDP) | n.c. | n.c. | 30.2 |
Source: UNCTAD, World Investment Report
Note: * The UNCTAD Inward FDI Performance index is based on a ratio of the country's share in global FDI inflows and its share in global GDP. ** The UNCTAD Inward FDI Potential index is based on 12 economic and structural variables such as GDP, foreign trade, FDI, infrastructures, energy use, R&D, education, country risk.
Companies have to appoint a South African resident as the company's legal representative. Moreover, foreign companies have to appoint an auditor.
The investor will be required to appoint a consultants, auditors, and/or legal advisors to register a company on his/her behalf. The company should be registered within 21days; it should also register for tax.
For example, a foreign bank establishing a branch in South Africa may be required to employ a certain minimum number of local residents in order to obtain a banking license and may be obliged to have a minimum capital base.
Restrictions also exist regarding the ownership of immovable property by foreign companies. Foreign companies are required to register as external companies before immovable property may be registered in their names.
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