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 (Main objects) will become section 4.

 

(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’’.”