Academic literature on the topic 'Law, mauritius'

According to the general tort law of Mauritius (articles 1382 through 1384 of the Mauritian Civil Code), three conditions must be met before tort liability may be implemented, namely the existence of harm, the existence of a causal link, and the existence of a harmful event. This paper contains an analysis of the fundamentals of the tort law of Mauritius, which is based on Mauritian case law and French case law and French doctrine, which are considered a persuasive authority in Mauritian Civil Law.

The Mauritian global business sector’s favourable tax regime, combined with its extensive treaty network, has made it an attractive investment hub for investments into Africa. Aggressive tax planning strategies targeted at shifting profits to lower tax jurisdictions such as Mauritius, have eroded many higher tax jurisdictions’ tax bases. An exodus of (taxable) funds from South Africa to Mauritius is evident from South Africa’s listing as one of the top five contributors to Mauritius’s foreign direct investments (FDIs). While the base erosion and profit-shifting (BEPS) action plan is aimed at curbing profit-shifting practices, limited research is available on the successful implementation of the BEPS action plan. This article conducts a review of the implementation of the BEPS action plan by both jurisdictions, namely Mauritius (as a low tax jurisdiction) and South Africa (as a high tax jurisdiction). The success of the BEPS action plan in curbing profit-shifting practices from South Africa to Mauritius is measured in conjunction with the South African anti-avoidance legislation. The findings highlight that only Action 5 has been successfully adopted by both South Africa and Mauritius. A preliminary analysis was conducted which indicates that the implementation of the BEPS action plan will not result in less profit-shifting, due to gaps in the South African anti-avoidance legislation that facilitates these profit-shifting practices. It is suggested that the implementation of the BEPS action plan by higher tax jurisdictions should be prioritized. This article contributes to scholarship on evaluating the effectiveness of the BEPS action plan minimum standards for African countries. Action 5, aggressive tax planning strategies, base erosion and profit-shifting, base erosion and profit-shifting action plan, global business companies, foreign direct investments, Mauritius global business sector, minimum standards, offshore trust, profit-shifting, South African anti-avoidance legislation, tax avoidance, tax planning vehicles.

This study examines the relationship between unemployment and economic growth in Mauritius. The methodology adopted for this study is the autoregressive distributed lag (ARDL) bounds cointegration test, ARDL error-correction model (ARDL-ECM) using the ordinary least square (OLS) approach and Okun’s law-gap version. ARDL-ECM estimates the long-run and short-run relationship between economic growth and unemployment. The validity of Okun’s law is tested in the Mauritian context and Okun’s coefficient is thereby estimated. The results obtained from the tests show that both in the long run and short run, there is a negative cointegration between economic growth and unemployment, but it is not statistically significant. Whereas, the result of Okun’s law-gap version shows that Okun’s law is indeed valid in the small economy of Mauritius. From the Okun’s coefficient obtained, it is concluded that 4 percent change in gross domestic product (GDP) growth rate changes unemployment rate by 1 percent in the opposite direction in Mauritius.

The law and legal system of Mauritius are an unusual hybrid and a remarkable instance of comparative law in action. As a consequence of its history, as an overseas possession of France from 1715 to 1810 and as a British colony from 1814 until it achieved independence within the Commonwealth in 1968, its law and legal system reflect the legal traditions of both its former colonial rulers. In general terms, Mauritian private law is based on the French Code Civil while public law and commercial law are based on English law: an example of what has recently been labelled a “bi-systemic legal system”. The Constitution, a version of the Westminster export model, was originally monarchical. It was amended in 1991 and Mauritius became a republic within the Commonwealth in 1992.

Purpose The purpose of this paper is to provide a comprehensive overview of the implementation of the Southern African Community Development (SADC) Code on HIV/AIDS and employment in Mauritius. It focusses on the existing normative framework on HIV/AIDS and employment in Mauritius and the ways in which adopting various aspects of the SADC Code could further bolster the framework for more effective protection of people with HIV/AIDS at the workplace. Design/methodology/approach The methodology used is based on a mix of the legal research method and case study analysis. The SADC Code is analysed, and its application and relevance to the Mauritian context are assessed. Findings The implementation of the SADC Code into the Mauritian legal framework is still at its infancy. Despite being a state party to it, Mauritius has not done much towards the domestication of the Code which explains the incomplete protection of employees with HIV/AIDS at the workplace from discrimination. Practical implications This paper serves as a tool for civil society organisations and other stakeholders to understand the SADC Code and also to engage in a debate related to its implementation in Mauritius. Originality/value There has been dearth of literature on the legal aspects of HIV/AIDS and employment in Mauritius. This paper serves as a platform on which this debate can be initiated and continued.

AbstractThis article analyses the history of the various meanings and interpretations of the sentence of penal servitude for life in Mauritius, the human rights implications, and the likely challenges that courts will confront in interpreting new legislation. The Privy Council held in 2008 that a mandatory sentence of penal servitude for life was arbitrary and disproportionate because it violated the right to a fair trial under the constitution. However, the article argues that the Privy Council should also have found that penal servitude for life, where the offender is to be detained for the rest of his life, violates the prisoner's right not to be subjected to inhuman punishment under the constitution, as well as violating Mauritius's international human rights obligations. It recommends that Mauritian courts consult South African jurisprudence when interpreting what amount to substantial and compelling circumstances under the 2007 Criminal Procedure (Amendment) Act.

Purpose – This paper aims to investigate the corrosion behaviour of carbon steel in the Mauritian atmosphere over a three-year period. Atmospheric corrosion is a serious problem in Mauritius. Design/methodology/approach – Carbon steel samples were exposed outdoors at various sites. Mass loss analysis was performed to determine the corrosion behaviour of the metal over the exposure period. Scanning electron microscopy and Raman tests were performed to investigate the formation of the corrosion products on the carbon steel surface. Findings – It was found that the corrosion loss at two of the sites considered did not vary clearly according to the bilogarithmic law. Time of wetness was found to be a main factor affecting atmospheric corrosion in Mauritius. The corrosivity of the atmosphere was found to lie between categories C3 and C4, according to ISO 9223. Originality/value – The results can be of essential help to the construction industry, especially as steel buildings are becoming very common in Mauritius. Moreover, as Mauritius is a tropical island, the results obtained can be useful in other tropical islands.

Purpose The purpose of this paper is to analyse the regulation of the financial crime of Ponzi scheme in Mauritius. Contrary to money laundering which has a legal framework to combat it, for Ponzi scheme, there is no specific legal mechanism to combat this particular financial crime. Therefore, the aim of the paper is to provide for an analysis of Ponzi scheme which includes, inter alia, the definition of a Ponzi scheme, its modus operandi and how it should be tackled. Focus will be placed on devising a specific legal framework for it in Mauritius. Design/methodology/approach The research method used to conduct this research and write this paper is a black letter legal research method. An analysis of several laws and cases is carried out so as to provide for the legal background of the research. Findings The investigation conducted in this paper will lead to the conclusion that Mauritius has to devise a law which will specifically combat Ponzi schemes. This law shall provide for the ways to counter this financial crime as well as the duties of the various financial supervisory bodies. Originality/value The paper provides for an analysis of the operation of Ponzi scheme in the Mauritian context. The paper also examines the existing legal framework that combats this financial crime in Mauritius and highlights its strengths and weaknesses.

On January 28, 2021, a Special Chamber of the International Tribunal for the Law of the Sea (ITLOS) dismissed all of the respondent's preliminary objections in Dispute Concerning Delimitation of the Maritime Boundary Between Mauritius and Maldives in the Indian Ocean (Mauritius/Maldives). The proceeding arose out of Mauritius's long-running effort to regain sovereignty over the Chagos Archipelago, which was originally “detached” from Mauritius in 1965 by the United Kingdom (UK). Although the Judgment will allow the case to proceed to the merits, it is significant in its own right for its engagement with several earlier legal decisions, including the arbitral award in Chagos Marine Protected Area Arbitration and the International Court of Justice's (ICJ) Advisory Opinion on the Legal Consequences of the Separation of the Chagos Archipelago from Mauritius in 1965, as well as UN General Assembly Resolution 73/295 affirming the Advisory Opinion. The Special Chamber stitched together a series of legal documents that, considered individually, were either non-binding or limited in scope to achieve a determination greater than the sum of its parts—one that effectively resolved the disputed sovereignty over the Chagos Archipelago.

Scholarly interest in the connection between cultural diversity and copyright law has grown. This article looks at the cultural implications of copyright laws in Mauritius and considers how they may be used to support cultural diversity. Mauritius has made great strides in its social and economic development, but little is known about the cultural implications of its copyright laws. By offering a thorough examination of the cultural provisions of Mauritius copyright law and evaluating its effects on the preservation and advancement of cultural variety in Mauritius, this paper seeks to address this gap. The results show that Mauritius’ copyright system needs to be more adaptable, transparent, easy to update, and sufficiently flexible to adjust to the evolving needs of its authors, users, and cultural environment.

 

 

 

The study has three major aims: To give a detailed discussion of the question of punishment and the three major theories or objectives of punishment &ndash
retribution, deterrence and rehabilitation, from a philosophical point of view
To discuss the law and jurisprudence relating to life imprisonment in the international criminal tribunals of Nuremberg, Tokyo, the Former Yugoslavia, Rwanda, International Criminal Court and the Special Court for Sierra Leone (SCSL). The emphasis will be on the theories of punishment these tribunals have stressed in sentencing offenders to life imprisonment
 
To discuss the history and major legal developments relating to life imprisonment in three African countries, viz, Mauritius, South Africa and Uganda. The study will also discuss: the offences that carry life imprisonment
the courts with jurisdiction to impose life imprisonment
legal representation for accused facing life imprisonment on conviction
the theories of punishment that courts have emphasised in sentencing offenders to life imprisonment
and the law and mechanisms governing the release of offenders sentenced to life imprisonment in the above three countries.

The recognition of the right to language under international human rights is still an ongoing debate. By examining the nature, extent and adequacy of the protection according to linguistic rights in international human rights laws, this paper offers solutions for this ongoing debate. In addition to resolving the issues in international law, it also discusses the extent of protection accorded to linguistic rights in Mauritius as well as under the express linguistic and ethnic form of Ethiopian federalism. Compares the practice and language policies of Ethiopia and Mauritius in light of international standards and identifies further issues to be addressed.
Thesis (LLM (Human Rights and Democratisation in Africa)) -- University of Pretoria, 2009.
Dissertation submitted to the Faculty of Law University of Pretoria, in partial fulfilment of the requirements for the degree Masters of Law (LLM in Human Rights and Democratisation in Africa). Prepared under the supervision of Bissessur Pramod, Faculty of Law and Management, University of Mauritius.
http://www.chr.up.ac.za/
Centre for Human Rights
LLM

Includes bibliographical references.
In the 2010 Budget review The South African National Treasury announced it intended to create a business environment that would promote South Africa as a gateway to investment into Africa.1 As such a headquarter company regime would be considered. With globalisation and free movement of capital internationally countries are pursuing holding company regimes to attract investment to, and through, their shores. At the forefront are countries such as Belgium, Denmark, Luxemburg, Mauritius, the Netherlands, Singapore and the United Kingdom.2 Following the 2010 Budget review South Africa has now joined this group.

Inheritance is a woman's major means of access to property across the world and this thesis sets out to explore how Muslim women in Mauritius engage with inheritance matters within a situation of legal pluralism. For Muslims in Mauritius, the institution of inheritance appears to be subjected to two types of law in the form of the official secular civil law and unofficial religious Islamic law. The most distinctive difference between the two laws regarding a woman's inheritance is that civil law grants equality in the allocation of shares, whereas under Islamic law, a woman is entitled to half the share of her male counterpart ('2:1'). While the '2:1' feature of Islamic law of inheritance is intrinsic to the kind of research that is undertaken here, this study adopted a 'neutral' position, viewing the differences pertaining to the 'ideals' of inheritance entitlements between a male and female as a divergence between two forms of law. The intricacy and sensitivity that is associated with the rule was not directly 'questioned', but its significance in Muslim women's lives and its wider implications in the process of intergenerational transmission of assets in the Mauritian context were engaged from different angles. This thesis explored through Muslim women's lived experiences, articulated viewpoints and attitudes how these two legal systems affect inheritance operation among Muslim families in practice, and specifically, how women deal with their inheritance matters in a situation involving different sets of rules. It aimed to discover how the official civil and unofficial Islamic rules interact and the reasons for any interactions, examining the dynamics of the wider social order, contexts and family structures, and their connection with the civil and Islamic laws. This study was not specifically concerned with size and quantity' of Muslim women's inheritance shares and under which law shares were received. Rather, it sought to discover women's 'ideas' of inheritance, the meanings they ascribe to the event of inheriting, the significance of any forms of inheritance they receive or want to receive and their subjective perceptions of the rules affecting their inheritance matters. As such, this exploration concerned an examination of the forces - relating to 'family conventions', social norms, state law, Islamic law and social processes at work in Muslim women's inheritance dealings and how they engage with them in the course of their dealings. Interviews with Muslim women in Mauritius uncovered generally pragmatic attitudes to inheritance matters amidst the elaborate structure of law, with the most important and effective 'inheritance tools', being the quality and closeness of family relationships, and family dialogues. Women in Mauritius value inheritance for its emotional significance in addition to economic benefits, with meanings attached to it far beyond simplistic considerations of 'equality' or '2:1'. For women, inheritance is not confined to land, money, jewellery or other obvious forms of tangible property, but also financial expenditure towards education, contributions to the construction of homes and business support. Accordingly, inheritance is a lifetime process and not merely a post-mortem event, which is shaped by parents' resources, family relations, marriage and marital economics. Civil and Islamic laws serve as a frame of reference to inheritance practices, but have a tangential position in the wider operation of inheritance. It was discovered that an influential legal factor in many women's decision-making about inheritance was the form of marriage, pure nikah (Islamic marriage) or nikah and civil marriage, with the former giving rise to a separate property regime and the latter generally 'community of property'. By probing into the family milieux and into women's interpersonal relationships, this research discovered a highly complex inheritance operation. The complexity arises from the weave of rules of different nature and with different orientations, the sensitivity associated with inheritance matters and family relationships, the involvement of considerations relating to morality, conscience, reason and emotions. The family milieu is where the diverse rules are 'churned' and it generates its own structure of 'law of inheritance' which is the 'family-woven law'.

Export Processing Zones (EPZs) have become rather popular trade and investment policy instruments used by governments to promote trade and Foreign Direct Investment (FDI). The trend of establishing EPZs was started by the creation of the Shannon Free Zone in late 1950s in Ireland, a zone that now boosts over 100 international manufacturing companies. It was the success of this first zone that encouraged many countries to create their own EPZs in the hope that the incentives would encourage industrial development. The World Bank regards the increasing introduction of EPZs as a signal of a country's departure from import substitution towards an export-oriented economy.

This Thesis concerns the unilateral conduct rules of the Competition Act 2007 of Mauritius. The Thesis compares the 2007 Act against two other models of competition – South Africa and the European Union. The analysis demonstrates that the Mauritian unilateral conduct rules represent a sophisticated qualified effects-based approach to assessing abuse of dominance, however there are a number of issues regarding its implementation. In assessing these issues, this Thesis contributes to knowledge in this area in the following ways. First, it identifies the key role of competition culture in achieving long-term social welfare and the concomitant goals of the Mauritian unilateral conduct rules. Second, it demonstrates how a flexible approach to those rules, taking into account both ‘object’ and ‘effect’, will not only improve the legitimacy and transparency of legislation but also ensure that the Competition Act 2007 contributes to both the ongoing economic development of Mauritius and positive social change.

At this early age of the internet, the e-business environment is almost like a lawless territory. Fast movers are making fortunes whereas rebels can act with impunity and move on before the legal process can catch up. The fast expansion of cyber crimes in the world has been the motivation to perform this research on its impact on the business community in Mauritius after the devastating effects in developing countries. Organisations that are not keeping pace with these realities are becoming vulnerable to cyber criminals or hackers. An analysis of the situation in the world from the literature review has provided a better understanding of the most common crimes that are causing trouble to the businesses and obstacles to the advancement of e-commerce. Compared to earlier technological changes, the internet has shown a rapid proliferation. Organisations have to be ready to face this challenge or they may face the dangers of being attacked or even prosecuted for not having secured their system properly. While securing the internet remains a major challenge for every country, businesses have to cope with limited protection until an international law become in force to control this wild territory. The reports available on the Crime trend show that there has been a steady increase in Computer related crimes in the world. The research is conducted on a sample of IT literate participants. Interviews and focus group discussion have also contributed in the accuracy of the findings. The results and findings demonstrate that there is room for improvement but there is a lack of awareness on the Cyber crime act. Hopefully, this research will help to shed light on the major concerns of the business community. VI
Thesis (MBA)-University of KwaZulu-Natal, Durban, 2004.

The main premise of this treatise is to discuss the Mauritian Law of Procedural Fairness within the context of Dismissal for Misconduct: A comparative study with the South African Doctrine of unfair Labour Practice. It analyses in detail the types of misconduct that eventually leads to the dismissal of an employee. The dismissal has not only to be substantively fair but also procedurally fair. To support the views expressed in the research, reference has been made to labour law cases decided mainly in Mauritius and South Africa. There are, however, references to other jurisdictions such as India, England, Australia, Namibia. The major constraint that the researcher encountered was the unavailability of decided cases referred from the Industrial Court of Mauritius. Most of the cases referred to in the Mauritian context are the Supreme Court decisions on dismissals due to misconduct. Thus for lack of relevant cases in Mauritius, there is a heavy reliance on cases decided in South Africa and other jurisdictions. These references have constructively enhanced the legal dimension of the topic under discussion.
Thesis (LL.M.)-University of Durban-Westville, Durban, 2001.

M.Comm.
Belastinginsentiewe is daarop gemik om handel met ander lande te bevorder deur buitelandse beleggers aan te moedig om hul geld in die betrokke land te investeer. Dit dien terselfdertyd as aansporing om in spesifieke besighede te bele of spesifieke bedrywe te beoefen. Die studie het ten doel om belastinginsentiewe in Suid-Afrika te ontleed en dit te vergelyk met die van ander lande. Waar moontlik word aanbevelings gemaak oor hoe en waar daar in Suid-Afrika beter van belastinginsentiewe gebruik gemaak kan word. Daar word spesifieke aandag aan die toepassing van die belastinginsentiewe in die verskillende lande gegee.

AbstractSome international investment agreements (IIAs) allow states that are parties to a treaty, but are not party to a specific dispute under that treaty, to intervene on a limited basis in order to make submissions on matters of treaty interpretation. Such mechanisms have proved to be highly valued by treaty parties, as evident by the many recently-concluded IIAs containing increasingly sophisticated non-disputing treaty party (NDTP) provisions. This chapter: (1) provides the background on NDTPs mechanisms, with a focus on the North American Free Trade Agreement (NAFTA) (the first-known IIA to contain such a provision); (2) examines the possible connection between tribunals failing to give due regard to treaty parties’ interpretive positions (again focusing on NAFTA) and the current backlash against investor-state dispute settlement (ISDS); and (3) analyses trends in recently-concluded IIAs. It is argued that the apparent lack of deference given by tribunals to NDTP submissions may be contributing to the current backlash against ISDS, based on two discernible trends: (1) an increase in the number of IIAs containing NDTPs provisions; and (2) provisions that now state that not only are treaty interpretations made by treaty parties binding on tribunals (such provisions also have their genesis in NAFTA), but that, in addition, tribunals’ decisions must be consistent with such agreed interpretations (the latter an innovation of a NAFTA party in 2003). Such trends are also visible at the institutional and multilateral levels, such as the revision of the Arbitration Rules of the International Centre for Settlement of Investment Disputes (ICSID) and the Mauritius Convention on Transparency in ISDS of the United Nations Commission on International Trade Law (UNCITRAL), and show no sign of slowing down.

This chapter discusses Mauritian perspectives on the Hague Principles. The Code Civile Mauricien (Mauritian Civil Code) governs most private and commercial law matters and is thus one of the main sources of Mauritian law. Another main source is the Constitution of Mauritius 1968. It is important to note that there is no constitutional imperative for courts to consider international law when interpreting legislation, which could be a contributing factor to the lack of development of a cohesive private international law regime in Mauritius. The Law Reform Commission of Mauritius has thus been reviewing the status of private international law in Mauritius over the past five years and has issued several reports and studies on the matter. The chapter then investigates the extent to which Mauritian private international law already reflects the content of the Hague Principles and how this set of principles could influence the future development of the conflict of laws in Mauritius.

Noticing the conclusion of the Preliminary Objections Judgment in the case of Mauritius vs. Maldives Maritime Delimitation, this paper asks whether the Special Chamber’s decision has resolved the sovereignty dispute over the Chagos Archipelago. It re-examines the conclusion that the continued claim of the United Kingdom to sovereignty over the Chagos Archipelago is a mere assertion and the UK has no legal interest in it. This paper argues that the legal system has a self-reproducing nature by which the Special Chamber regenerates decisions already established in the legal system as the distinction between lawful and unlawful is the most fundamental determination of this system. In this sense, the confirmation of the Advisory Opinion of the International Court of Justice by the Special Chamber should be regarded as a consequence of its subjectivity and the fact that it almost distinguishes the legal system from other systems outside the law. From a perspective outside the legal system, the claim of courts that its role of “dispute settlement” is more like “case settlement”, since courts are resolving disputes after legalization, not the disputes themselves. The de facto settlement of disputes should be based on the elimination of the interests or claims of the disputing parties. In this sense, dispute settlement depends on how the legal and political systems work together in a coupling relationship.

This report explores the current uptake and completion of secondary education globally, with a particular focus on sub-Saharan Africa. The report also explores the wider societal benefits of increased secondary completion rates, and the financial considerations that are needed to increase uptake and completion. Using data from UIS (2022) and UNESCO WIDE (2022), the report identified disparities in net enrolment, attendance and completion between primary and both levels of secondary education, particularly upper secondary. In sub-Saharan African countries, achievements in net enrolment at primary level are rarely met with high enrolment levels at either lower or upper secondary level, with this difference even more stark when observing completion rates. Currently, both lower and upper secondary education is not a funding priority amongst many countries in sub-Saharan Africa. Of the 27 countries included in analysis, only one country (Mauritius) spent a higher proportion on secondary education compared to other levels (UIS, 2022). Some countries were found to spend a higher proportion of GDP on tertiary education compared to other education levels, with over double the amount spent on tertiary compared to both lower and upper secondary education combined in some instances (Ethiopia, Sierra Leone, South Sudan) (UIS, 2022).

This report maps the African landscape of Open Science – with a focus on Open Data as a sub-set of Open Science. Data to inform the landscape study were collected through a variety of methods, including surveys, desk research, engagement with a community of practice, networking with stakeholders, participation in conferences, case study presentations, and workshops hosted. Although the majority of African countries (35 of 54) demonstrates commitment to science through its investment in research and development (R&D), academies of science, ministries of science and technology, policies, recognition of research, and participation in the Science Granting Councils Initiative (SGCI), the following countries demonstrate the highest commitment and political willingness to invest in science: Botswana, Ethiopia, Kenya, Senegal, South Africa, Tanzania, and Uganda. In addition to existing policies in Science, Technology and Innovation (STI), the following countries have made progress towards Open Data policies: Botswana, Kenya, Madagascar, Mauritius, South Africa and Uganda. Only two African countries (Kenya and South Africa) at this stage contribute 0.8% of its GDP (Gross Domestic Product) to R&D (Research and Development), which is the closest to the AU’s (African Union’s) suggested 1%. Countries such as Lesotho and Madagascar ranked as 0%, while the R&D expenditure for 24 African countries is unknown. In addition to this, science globally has become fully dependent on stable ICT (Information and Communication Technologies) infrastructure, which includes connectivity/bandwidth, high performance computing facilities and data services. This is especially applicable since countries globally are finding themselves in the midst of the 4th Industrial Revolution (4IR), which is not only “about” data, but which “is” data. According to an article1 by Alan Marcus (2015) (Senior Director, Head of Information Technology and Telecommunications Industries, World Economic Forum), “At its core, data represents a post-industrial opportunity. Its uses have unprecedented complexity, velocity and global reach. As digital communications become ubiquitous, data will rule in a world where nearly everyone and everything is connected in real time. That will require a highly reliable, secure and available infrastructure at its core, and innovation at the edge.” Every industry is affected as part of this revolution – also science. An important component of the digital transformation is “trust” – people must be able to trust that governments and all other industries (including the science sector), adequately handle and protect their data. This requires accountability on a global level, and digital industries must embrace the change and go for a higher standard of protection. “This will reassure consumers and citizens, benefitting the whole digital economy”, says Marcus. A stable and secure information and communication technologies (ICT) infrastructure – currently provided by the National Research and Education Networks (NRENs) – is key to advance collaboration in science. The AfricaConnect2 project (AfricaConnect (2012–2014) and AfricaConnect2 (2016–2018)) through establishing connectivity between National Research and Education Networks (NRENs), is planning to roll out AfricaConnect3 by the end of 2019. The concern however is that selected African governments (with the exception of a few countries such as South Africa, Mozambique, Ethiopia and others) have low awareness of the impact the Internet has today on all societal levels, how much ICT (and the 4th Industrial Revolution) have affected research, and the added value an NREN can bring to higher education and research in addressing the respective needs, which is far more complex than simply providing connectivity. Apart from more commitment and investment in R&D, African governments – to become and remain part of the 4th Industrial Revolution – have no option other than to acknowledge and commit to the role NRENs play in advancing science towards addressing the SDG (Sustainable Development Goals). For successful collaboration and direction, it is fundamental that policies within one country are aligned with one another. Alignment on continental level is crucial for the future Pan-African African Open Science Platform to be successful. Both the HIPSSA ((Harmonization of ICT Policies in Sub-Saharan Africa)3 project and WATRA (the West Africa Telecommunications Regulators Assembly)4, have made progress towards the regulation of the telecom sector, and in particular of bottlenecks which curb the development of competition among ISPs. A study under HIPSSA identified potential bottlenecks in access at an affordable price to the international capacity of submarine cables and suggested means and tools used by regulators to remedy them. Work on the recommended measures and making them operational continues in collaboration with WATRA. In addition to sufficient bandwidth and connectivity, high-performance computing facilities and services in support of data sharing are also required. The South African National Integrated Cyberinfrastructure System5 (NICIS) has made great progress in planning and setting up a cyberinfrastructure ecosystem in support of collaborative science and data sharing. The regional Southern African Development Community6 (SADC) Cyber-infrastructure Framework provides a valuable roadmap towards high-speed Internet, developing human capacity and skills in ICT technologies, high- performance computing and more. The following countries have been identified as having high-performance computing facilities, some as a result of the Square Kilometre Array7 (SKA) partnership: Botswana, Ghana, Kenya, Madagascar, Mozambique, Mauritius, Namibia, South Africa, Tunisia, and Zambia. More and more NRENs – especially the Level 6 NRENs 8 (Algeria, Egypt, Kenya, South Africa, and recently Zambia) – are exploring offering additional services; also in support of data sharing and transfer. The following NRENs already allow for running data-intensive applications and sharing of high-end computing assets, bio-modelling and computation on high-performance/ supercomputers: KENET (Kenya), TENET (South Africa), RENU (Uganda), ZAMREN (Zambia), EUN (Egypt) and ARN (Algeria). Fifteen higher education training institutions from eight African countries (Botswana, Benin, Kenya, Nigeria, Rwanda, South Africa, Sudan, and Tanzania) have been identified as offering formal courses on data science. In addition to formal degrees, a number of international short courses have been developed and free international online courses are also available as an option to build capacity and integrate as part of curricula. The small number of higher education or research intensive institutions offering data science is however insufficient, and there is a desperate need for more training in data science. The CODATA-RDA Schools of Research Data Science aim at addressing the continental need for foundational data skills across all disciplines, along with training conducted by The Carpentries 9 programme (specifically Data Carpentry 10 ). Thus far, CODATA-RDA schools in collaboration with AOSP, integrating content from Data Carpentry, were presented in Rwanda (in 2018), and during17-29 June 2019, in Ethiopia. Awareness regarding Open Science (including Open Data) is evident through the 12 Open Science-related Open Access/Open Data/Open Science declarations and agreements endorsed or signed by African governments; 200 Open Access journals from Africa registered on the Directory of Open Access Journals (DOAJ); 174 Open Access institutional research repositories registered on openDOAR (Directory of Open Access Repositories); 33 Open Access/Open Science policies registered on ROARMAP (Registry of Open Access Repository Mandates and Policies); 24 data repositories registered with the Registry of Data Repositories (re3data.org) (although the pilot project identified 66 research data repositories); and one data repository assigned the CoreTrustSeal. Although this is a start, far more needs to be done to align African data curation and research practices with global standards. Funding to conduct research remains a challenge. African researchers mostly fund their own research, and there are little incentives for them to make their research and accompanying data sets openly accessible. Funding and peer recognition, along with an enabling research environment conducive for research, are regarded as major incentives. The landscape report concludes with a number of concerns towards sharing research data openly, as well as challenges in terms of Open Data policy, ICT infrastructure supportive of data sharing, capacity building, lack of skills, and the need for incentives. Although great progress has been made in terms of Open Science and Open Data practices, more awareness needs to be created and further advocacy efforts are required for buy-in from African governments. A federated African Open Science Platform (AOSP) will not only encourage more collaboration among researchers in addressing the SDGs, but it will also benefit the many stakeholders identified as part of the pilot phase. The time is now, for governments in Africa, to acknowledge the important role of science in general, but specifically Open Science and Open Data, through developing and aligning the relevant policies, investing in an ICT infrastructure conducive for data sharing through committing funding to making NRENs financially sustainable, incentivising open research practices by scientists, and creating opportunities for more scientists and stakeholders across all disciplines to be trained in data management.