South African Women Entrepreneurs’ Forum: briefing; International Trade Administration Bill: Adoption of Ncop Amendments

Meeting report

TRADE AND INDUSTRY PORTFOLIO COMMITTEE
13 November 2002
SOUTH AFRICAN WOMEN ENTREPRENEURS’ FORUM: BRIEFING; INTERNATIONAL TRADE ADMINISTRATION BILL: ADOPTION OF NCOP AMENDMENTS

Chair: Dr R Davies (ANC)

Relevant documents:
SAWEN presentation
NCOP amendments to International Trade Administration Bill [38C-2002] Appendix 1
NCOP amendments to International Trade Administration Bill [38E-2002] Appendix 2

SUMMARY
The Department of Trade and Industry briefed the Committee on the South African Women Entrepreneurs’ Forum. Sawen is a DTI initiative launched in June 2002. It was established as a national forum for South African women entrepreneurs to support and strengthen their enterprises, as well as to engage with each other and their strategic business partners, locally and internationally.

The Committee approved a number of mostly technical amendments made by the NCOP to the International Trade Administration Bill (Section 76 legislation). However, due to an unforeseen flaw in Clause 64(2) of the Bill it had to be re-sent to the NCOP before the Committee could reconvene and agree to the final version of the Bill late in the afternoon.

MINUTES
South African Women Entrepreneurs’ Forum: briefing
Ms M Matiwane: Director of Gender Unit, DTI, conducted the Sawen presentation. She said the need for Sawen was observed at the Namibian Women’s Trade Fair in 2000, it was observed that there was no structure for international businesswomen to access their South African counterparts. Sawen is a DTI initiative that plans to register as an independent, self-sufficient Section 21 company within two to three years. It is a business networking organisation and a business exchange forum. It is an organised link to business opportunities and an information centre about women entrepreneurship. (Please see attached presentation)

Discussion
A Member asked about Sawen’s similarity to Ntsika as well as the profile of the women that attended the Sawen presentation in June 2002.

Ms Matiwane responded that Ntsika does not have the capacity to cover all the needs of women, but she agreed that there would be some overlap between the two organisations. Sawen would deal specifically with women whereas Ntsika provides a more general service. Often businesswomen face multifaceted problems and often the social and cultural reality of women affect their businesses, it is therefor that Sawen wishes to deal more holistically and specifically with businesswomen.

Sawen needs both the established businesswomen as well as would be entrepreneurs. The more established women would be able to share their experience and expertise with the organisation and specifically the new emerging businesswomen. Sawen was also looking at the needs of women school leavers as they acknowledge the difficulties they face.

A Member request a list of Sawen offices and contact details and whether there was a cost attached to the counselling Sawen intended to offer. The Member also asked what was being done to encourage would be entrepreneurs.

Ms Matiwane said Sawen does not have their offices yet but can be contacted through the DTI. An annual fee of R 250 for established businesswomen and R150 for those not yet established would be charged. This fee would allow Sawen members access to all Sawen activities free of charge.

She explained that the majority of the women at the presentation in June 2002 were established businesswomen and very few were from the rural areas. There were clearly two distinct groups within Sawen; one the DTI and another who appeared fearful of the DTI taking over Sawen.

In response to the second question, Ms Matiwane said that Sawen’s rural strategy was not yet fully developed and still required final tailoring. Sawen is aware that the needs of all rural women are not the same. She made specific mention of the Northern Cape and Kwa-Zulu Natal. However, thanks largely to the women in the Northern Cape, that province has a fairly sophisticated development strategy. A copy of the development strategy would be made available for the Members’ perusal, as Sawen was very appreciative of any assistance they could receive.

In order for Sawen to succeed it would need the more established business women to help start the organisation but she hoped that in time Sawen would become more diversified. They are currently compiling a database of around 800 women and soon they would be invited to attend the first Annual General Meeting and receive Sawen reports.

Ms Matiwane, the Minister and Deputy Minister of the DTI, held an urgent meeting to discuss the division that presented itself at the presentation in June 2002.

Dr R Davies asked what the role of Members of Parliament was in Sawen.

Ms Matiwane stated that Sawen generally sends information to Members of Parliament to keep them informed.

Ms J Moloi (ANC) said that everyone agrees that there is an insufficient support base for women especially in the rural areas.

Ms Matiwane said that line management usually complains that there are not enough women in business or their businesses are not strong enough. Sawen wishes to bring businesswomen in a national database to address this problem. They also want to be able to comment as a national forum on legislation when necessary. Sawen would not merely be a service provider but more a networking organisation comprising women from various business fields.

A Member asked how much capital Sawen had received thus far. She questioned the viability of subscriptions as the only revenue generating activity for Sawen and asked if contingency plans were in place to address a possible shortage of funds.

Ms Matiwane said Sawen has not received any funds from the DTI and intend to rather provide the DTI with a database of women deserving their previously existing range of services. The DTI would expect formal requests for assistance from Sawen and consider them on merit but not necessarily provide assistance.

International Trade Administration Bill - briefing on NCOP amendments
NCOP Amendments
Mr Johan Strydom Senior Legal Advisor DTI, briefed the Committee on the amendments that had been proposed during its processing by the National Council of Provinces (NCOP):

- A substantive amendment was the definition in Clause 1 of ‘person’. The definition was as set out in the Interpretation Act 33 of 1957 which is accepted by the court as sufficient to cover all necessary contingents. However in this Bill there was “a shadow of doubt” whether ‘person’ included all trusts. For this reason it had been decided to change the definition from:
“person” means a natural person and, despite, the provision of any other law, does not included juristic person to:
“person” includes among other things, a trust
This would then require the omission of the word ‘firm’ throughout the Bill to avoid further confusion.

- Other amendments noted was in Clause 14 to omit subsection 5 and reword it to remove the current inconsistency and in Clause 21 again a simple rewording to avoid inconsistency.

The Committee agreed to these amendments.

Additional amendment to Clause 64(2)
Mr Strydom then noted that an oversight had occurred in Clause 64 of the Bill which had been discovered by the state law advisors only at this advanced stage of processing of the Bill. Clause 64(2) refers to sections of the Bill that will come into operation only after the SACU agreement becomes law in South Africa, which is still a little while in the future. All of Clause 16 is included here as not coming into operation until the SACU Agreement has become law - whereas only Clause 16(3) should be stipulated. This oversight would have important ramifications if not remedied. As Clause 16 [Customs duties, anti-dumping duties, countervailing duties and safeguard measures] refers to core activities of the Commission for International Trade Administration, this had to be amended to ensure the viability of this piece of legislation.

The Bill with this last-minute amendment would be sent to the NCOP plenary session that afternoon to address the amendment and thereafter the committee would reconvene at 5pm to vote on the Bill.

Voting on International Trade Administration Bill 
The Committee reconvened and after a quorum was established, the committee unanimously agreed to the Bill after the NCOP had passed an amendment to substitute “16” with “16(3)” in Clause 64(2).

Meeting concluded.

Appendix 1:
AMENDMENTS TO THE INTERNATIONAL TRADE ADMINISTRATION
BILL [38C OF 2002]
(As agreed to by the Select Committee on Economic and Foreign Affairs
(National Council of Provinces))

TABLE OF CONTENTS
1.         On page 2, in line 15. to omit "COMMISSION for".
2.         On page 2, in line 15' after "ADMINISTRATION" to insert "COMMISSION"
3.         On page 3' in line 5. to omit "duties" and to substitute "measures

CLAUSE I
1.         On page 5, in line 8, to omit ", or a firm that,".
2.         On page 5, after line 16, to insert:
"countervailing duty" means a customs duty imposed to off-set the benefit conferred by a subsidy;
3.         On page 5, in line 22, to omit "a price" and to substitute "an export price contemplated in section 32 (2)(a)".
4.         On page 5. from line 26, to omit the definition of "firm".
5.         On page 5, in line 37' to omit ", firm".
6.         In page 5, in line 41, to omit "or firm".
7.         On page 5, from line 52, to omit the definition of "person;' and to substitute:
"person" includes, among other things. a trust;
8.         On page 6, in line 13, to omit all the words after "remedy" up to and including "other" in line 14 and to substitute "or procedure for use in response to".

CLAUSE 4
I.          On page 7, in line 4. After "duties" to insert "or other measures".

CLAUSE 5
1.  On page 7. in line 14. after "procedures" to insert "and requirements".

CLAUSE 6
1. On page 7. after line 33. to insert:

(g)        the methods or processes by which they are produced; or
(h)        the use of non-renewable natural resources in their production. and their life-cycle impact on the natural environment.

2.         On page 7, in line 34, to omit "or firm which".
3.         On page 7, in line 42 to omit "or firm
4.         On page 7, in line 43' to omit "or firm
5.         On page 7, from line 44, to omit paragraphs (g) and (h).

CHAPTER 3
1.         On page 8, in line 2 to omit "COMMISSION FOR".
2.         On page 8, in line 2, after "ADMINISTRATION" to insert "COMMISSION".

CLAUSE 14
I. On page 11 from line 9, to omit subsection (5) and to substitute:

(5)        A committee decision is effective only if the decision is subsequently ratified by the Commission, unless the notice estab­lishing the committee expressly authorises the particular decision to be effective without such ratification.

CLAUSE 21
1.         On page 12, in line 31, to omit "agency" and to substitute "authority".

CLAUSE 32
1.         On page 16, in line 52, to omit "or firm referred to in section 6(4)"
2.         On page 16, in line 57, to omit "(4)" and to substitute "(5)".
3.         On page 17, in line 23, to omit ", firm

CLAUSE 33
1.         On page 17, in line 48, to omit "or firm".
2.         On page 17, in line 49, to omit "or firm".
3.         On page 17, in line 51. to omit "or firm".
1.         On page 17, in line 52, to omit "or firm".

CLAUSE 35
1.         On page 18, in line 29, to omit "or a firm that".
2.         On page 18, in line 33, to omit "or firm".

CLAUSE 38
1.         On page 19, from line 26, to omit paragraph (h) and to substitute:

(b)        show that certificate to any person who is affected by the investigation, or if no one is present on the premises, affix a copy of the certificate to the premises in a prominent and visible place and proceed with the execution of the relevant function.

CLAUSE 45
1.         On page 22, in line 28, to omit "(4)" and to

CLAUSE 46
I.          On page 22. in line 33 to omit "or firm
2.         On page 22, in line 36, to omit "or firm

CLAUSE 50
1.         On page 23, in line 19, to omit "or firm".
substitute "(3)".

CLAUSE 55
1.         On page 24, in line 17, to omit "or firm".
2.         On page 24, in Tine 26, to omit "or firm".
3.         On page 24, in line 29, to omit "or firm".
4.         On page 24, in line 32, to omit the first "or firm".
5.         On page 24, in line 32, to omit the second "or firm".
6.         On page 24, in line 33, to omit "or firm".

CLAUSE 57
1.         On page 24, in line 42, to omit "or firm".
2.         On page 24, in line 44, to omit "or firm".
3.         On page 24, in line 45 to omit "or firm".

SCHEDULE 2
1.         On page 28. in line 6, to omit "Commission for
2.         On page 28, in line 7, after "Administration" to insert "Commission".
3.         On page 28, in line 18. to omit "Commission for".
4.         On page 28. in line 19. after "Administration" to insert "Commission

LONG TITLE
I.          On page 1, in the first line, to omit "a Commission for" and to substitute "the".
2.         On page 1. in the first line, after "Administration" to insert "Commis­sion

Appendix 2:
AMENDMENTS TO THE INTERNATIONAL TRADE ADMINISTRATION
BILL, [B38 E OF 2002]
Replace 16 with 16(3) in Clause 64(2)