REPUBLIC OF SOUTH AFRICA

PORTFOLIO COMMITTEE AMENDMENTS

TO

NATIONAL SMALL BUSINESS AMENDMENT BILL

[B 23 – 2004]

(As agreed to by the Portfolio Committee on Trade and Industry (National Assembly))

 

[B 23A – 2004]

AMENDMENTS AGREED TO

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NATIONAL SMALL BUSINESS AMENDMENT BILL

[B23 – 2004]

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CLAUSE 1

  1. On page 2, from line 10, to omit paragraph (b)
  2. On page 2, in line 17, to omit "22" and to substitute "13H".
  3. On page 2, in line 23, to omit "29" and to substitute "17".
  4. On page 3, in line 20, to omit "29" and to substitute "17".

CLAUSE 10

1. On page 3, in line 42, to omit "any" and to substitute "the"

  1. On page 3, after line 43, to add the following paragraph:

    2. (b) design and implement a standard and common national delivery network that must uniformly apply throughout the Republic in respect of small enterprise development, integrating all government funded small enterprise support agencies across all tiers of government.

  2. On page 4, after line 18, to add the following paragraph:

(d) establish provincial structures to ensure the effective implementation of its functions as defined in this section.

 

CLAUSE 11

  1. On page 4, from line 49, to omit subsection (6) and to substitute

    2. (6) The Board must include –

      1. members who have experience in business;
      2. members who on account of their training and experience –
        1. are knowledgeable about trade, industry, finance or the economy; or
        2. have legal knowledge; or
        3. are knowledgeable in the management of a small enterprise.

(7) The Minister may prescribe any other criteria in respect of the appointment of members.

CLAUSE 12

  1. On page 5, in line 11, to omit "17" and to substitute "13C".
  2. On page 5, in line 13, to omit "12" and to substitute "11".
  3. On page 5, in line 46, to omit "15" and to insert "13A".

CLAUSE 13C

  1. On page 5, in line 41, to omit ", on the recommendation of " and to substitute "in consultation with"
  2. On page 5, in line 46, to omit "15" and to substitute "13A".
  3. On page 5, in line 50, to omit "or"
  4. On page 5, in line 52, after "Board" to insert "or"
  5. On page 5, after line 52, to add the following paragraph:
    1. if a member of the Board fails to attend three or more consecutive meetings of the Board without having a valid explanation for his or her failure to do so.

CLAUSE 13E

  1. On page 6, after line 48, to add the following subsection:
    1. The Board must at least once a year hold consultative meetings with stakeholders, beneficiaries and provincial representatives to discuss the activities and performance of the Agency.

CLAUSE 13H
  1. On page 7, in line 10, to omit "three" and to substitute "five"
  2. On page 7, in line 49, to omit "such member" and to substitute "he or she".

CLAUSE 16
  1. On page 8, in line 31, after "resources" to insert "and performance management"
  2. On page 8, in line 32, after "indicators" to insert "for purposes of monitoring and evaluation"
  3. On page 8, after line 32, to add the following paragraph:

(d) include a report on the consultation contemplated in section 13E (6) and the recommendations resulting from such consultations.

CLAUSE 16A
  1. On page 8, in line, 49, after "imprisonment" to insert "for a period not exceeding five years".
  2. On page 8, in line 49, after the second "and" to insert "such".

CLAUSE 16C
  1. On page 9, in line 46, to omit "The" and to substitute "the".

CLAUSE 17C
  1. On page 11, in line 15, to omit "3" and to substitute "(3)".

NEW CLAUSE
  1. That the following be a new Clause:

Substitution of expression in Act 102 of 1996

(6).By the substitution for the expression "small business" wherever it occurs in the principal Act of the following expression "small enterprise"

 

 

SHORT TITLE

  1. On page 11, from line 50, to omit all the words after "2004" up to and including "Gazette" in line 51.