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Infant Industry Protection in Lesotho

Overview

Infant Industry Protection (IIP) in Lesotho refers to the set of legal, institutional, and policy measures designed to shield newly established domestic industries from external competition until they achieve sufficient competitiveness. For investors, understanding these policies is critical: they shape market access conditions, tariff structures, and participation opportunities, particularly in manufacturing, agro-processing, and textiles.

Lesotho’s protection framework is guided by national legislation, Southern African Customs Union (SACU) rules, and World Trade Organization (WTO) commitments. For the business environment, these measures influence entry strategies, sourcing decisions, and the balance between local and foreign investor participation.

Key legal and institutional provisions governing infant industry protection in Lesotho include:

Treatment of Local vs. Foreign Investors

  • Equal Investment Rights: The Companies Act, 2011 permits both local and foreign investors to incorporate and operate businesses.
  • Foreign Ownership: Generally unrestricted, except in reserved small-scale retail and informal sectors (reserved for Basotho nationals).
  • Participation in Infant Industry Schemes:
       – Local firms receive priority access to protective measures.
       – Foreign firms may participate if they establish joint ventures or significant local value addition.
  • Dispute Resolution: Investors benefit from Bilateral Investment Treaties (BITs), SACU Tribunal recourse, and WTO frameworks.

Preference and Incentive Schemes

MeasureBeneficiaryDescriptionLegal Basis
Local Preference MarginDomestic suppliersPrice preference (up to 10–15%) for Basotho firms in public procurementPublic Procurement Act, 2023
SME Set-AsidesBasotho SMEsExclusive participation in contracts below certain thresholdsPublic Procurement Regulations
Infant Industry TariffsNew industriesTemporary tariffs to protect against importsSACU Customs and Excise
Tax HolidaysInvestors in priority sectorsUp to 10 years of corporate tax reliefLNDC Incentive Schemes
Training and Skills SupportBoth local and foreignRebates for firms investing in workforce upskillingLNDC Investment Incentives

 Actionable Checklist for Investors

  • Conduct due diligence on reserved sectors and protected industries.
  • Structure joint ventures with Basotho partners where required.
  • Maximise local sourcing to benefit from procurement preferences.
  • Align projects with LNDC and or national priority sectors (manufacturing, agro-processing, renewable energy).
  • Ensure compliance with tax and procurement reporting obligations.
  • Engage with the Ministry of Trade and LNDC for incentives guidance.

Key Takeaways

  • Lesotho applies infant industry protection primarily through SACU tariffs and domestic procurement laws.
  • Local SMEs and Basotho-owned companies enjoy preferential treatment, particularly in procurement.
  • Foreign investors can participate effectively by forming joint ventures, subcontracting, or ensuring local value addition.
  • Incentives include tax holidays, training rebates, and LNDC support schemes.
  • Compliance with procurement regulations and reserved sector restrictions is essential.

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