Small Enterprise Amendment Bill: DSBD response to negotiating mandates

Meeting report

The Chairperson announced that the Select Committee would be receiving responses by the Parliamentary Legal Advisor and the Department of Small Business Development (DSBD) to issues raised in the negotiating mandates on the Small Enterprise Amendment Bill [B16B-2023]. The apology of Mr T Brauteseth (DA, KZN) was noted.

Parliamentary Legal Advisor response to issues raised in Negotiating Mandates
Adv Telana Halley-Starkey, Parliamentary Legal Advisor, continued where she left off in the previous Committee meeting as she had not responded to KwaZulu-Natal, Gauteng and Western Cape and the Eastern Cape negotiating mandates (see document).

Department of Small Business response to issues raised in Negotiating Mandates
Ms Qinisile Delwa, DSBD DDG: Enterprise Development and Entrepreneurship, took the Committee through the Department’s responses to the negotiating mandates of three provinces, KwaZulu-Natal, Gauteng and the Eastern Cape (see document).

Discussion
The Chairperson recalled the Department still has to provide the Committee with information on the submission of the South African Reserve Bank (SARB). He requested an update.

Ms Delwa replied that the SARB submission focused on the Bill’s impact on its role as the prudential authority. The section related to that had been discussed with National Treasury when the Bill was first drafted. Further engagements had subsequently taken place and had resulted in an agreement on how to deal with the issues raised but it would not require an amendment to the Bill. The affected sections will be addressed through regulations. When necessary, the Department may delay implementation of certain sections until solutions can be found in further upcoming engagements between DSBD and Treasury. As things stand, there is no issue that requires amendment.

Mr M Dangor (ANC, Gauteng) asked to distinguish the difference between appointment and recruitment of a board in the Bill. This question was not responded to by the Department.

Mr M Mmoiemang (ANC, Northern Cape) was satisfied with the comprehensive responses and was happy with the fact that issues can be addressed in the regulations. He recommended that the Committee accept these responses.

Small Enterprise Amendment Bill: proposed amendments
Section 10(d)
Mr Dangor for Gauteng, Ms Mamaregane (ANC, Limpopo), Ms Moshodi (ANC, Free State), Mr Mmoiemang for Northern Cape and Mr Rayi for Eastern Cape accepted the proposed amendment.

Ms Boshoff (DA, Mpumalanga) and Mr Londt (DA, Western Cape) abstained.

Section 11
Mr Dangor, Ms Mamaregane, Ms Moshodi, Mr Mmoiemang and Mr Rayi accepted the proposed amendment.

Ms Boshoff and Mr Londt abstained.

Section 12
Mr Dangor, Ms Mamaregane, Ms Moshodi, Mr Mmoiemang and Mr Rayi accepted the proposed amendment.

Ms Boshoff and Mr Londt abstained.

Section 13
Mr Dangor, Ms Mamaregane, Ms Moshodi, Mr Mmoiemang and Mr Rayi accepted the proposed amendment.

Ms Boshoff and Mr Londt abstained.

Section 15
Mr Dangor, Ms Mamaregane, Ms Moshodi, Mr Mmoiemang and Mr Rayi accepted the proposed amendment.

Ms Boshoff and Mr Londt abstained.

Section 16
Mr Dangor, Ms Mamaregane, Ms Moshodi, Mr Mmoiemang and Mr Rayi accepted the proposed amendment.

Ms Boshoff and Mr Londt abstained.

Section 17
Mr Dangor, Ms Mamaregane, Ms Moshodi, Mr Mmoiemang and Mr Rayi accepted the proposed amendments.

Ms Boshoff and Mr Londt abstained.

Section 19
Mr Dangor, Ms Mamaregane, Ms Moshodi, Mr Mmoiemang and Mr Rayi accepted the proposed amendment.

Ms Boshoff and Mr Londt abstained.

Ms Shamara Ally, Procedural Officer, asked Mr Londt if he had abstained which he confirmed.

Mr Dangor, Ms Mamaregane, Ms Moshodi, Mr Mmoiemang and Mr Rayi voted in favour of the National Small Enterprise Amendment Bill with these proposed amendments.

Ms Boshoff and Mr Londt abstained.

Way forward
The Chairperson stated that the minutes of this meeting would be sent to the nine provinces. The Select Committee would need to receive their final mandates on this Bill by 12 April.

The NCOP programme would begin its constituency period from 2 April until 15 April. The Select Committee's next meeting is 16 April when it will consider the final mandates.

Ms Thulisile Manzini, Director General: DSBD, expressed the Department’s gratitude and acknowledged the opportunity as a learning curve. She guaranteed that all the issues raised during the process were taken note of and would be addressed in future.

The Chairperson thanked the provinces, administrative staff, DSBD, Committee Members and released the department from the platform.

Committee minutes dated 19 March were adopted and the meeting was adjourned.