SOUTH AFRICAN EXPRESS BILL
SUMMARY OF PROPOSED AMENDMENTS
11 September 2007
The
DPE wishes to propose the following amendments to the South African Express
Bill in order to
align it with the provisions of the Infraco Bill as deliberated by the Portfolio
Committee:
1. Long Title
We propose the insertion of the
following words in
the long title:
“to
provide for the main objects and powers of South African Express (Proprietary)
Limited; to provide for the borrowing powers of South African Express (Proprietary)
Limited”
(2) Section
1 - Definitions
We propose the insertion of the word
“responsible” in the definition of Minister.
(3)
Section 2 – Objects of Act
We propose the insertion of the following two new
subsections:
“(b)
the main
objects and powers of SAX;
(c) the borrowing powers of SAX”
(4) Rearrangements of
Sections:
We propose that the Bill be amended by
rearranging the following sections in the Bill:
(a) Section 6 (
(b) Section 7 (Borrowing
Powers) will become section 5.
(c) Section 4
(Conversion of South African Express (Proprietary) Limited into Public Company)
will become section 6.
(d) Section 5 (Effect
of Conversion) will become section 7.
(e) Section 9 (Short
Title and Amendment) will become section 10.
(5) Section 4 – Main objects
of SAX
(a) We propose that the word “object” be
replaced with the word “objects” in the heading and in subsection (1) and (2).
(b)We propose that
subsection 1 be amended as follows:
“1) The main objects of SAX are to promote frequency of services
on lower destiny routes and to expand regional air services capability by engaging in:providing transportation of passengers, cargo
and mail, air charters and other
related aviation services in the Republic and to the African continent and the
surrounding islands.”
(b) We propose the
deletion of the word “is” and the addition of the word “are” in subsection 1 and 2.
(c) We propose the
insertion of the words “include common powers contained” and the words “and
none of those powers are excluded or qualified” in subsection 3.
(6) Section 5 – Borrowing Powers of SAX
We propose that the
number “6” be replaced with the number “4”
(7) Section 7 – Effect of conversion
We propose that the
number “4” be replaced with the number “6”.
(8) Section 9 – Amendment
of laws
We propose the
insertion of the following new section 9 indicating that Infraco will be a Schedule 2 entity:
“Amendment
of laws
9.
With
effect from—
(a)
the
transfer date, the Public Finance Management Act is hereby amended by
the
insertion in Schedule 2 after item 11 of the following item:
‘‘11A.
South African Express (Proprietary)
Limited’’;
and
(b)
the
conversion date, the Public Finance Management Act is hereby amended
by
the substitution in Schedule 2 for item 11A of the following item:
‘‘11A.
South African Express (Proprietary)
Limited’’.”