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Small Enterprise Bill

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The Portfolio Committee on Small Business Development invites you to submit written comments and indicate interest in making oral submissions on the National Small Enterprise Amendment Bill [B16-2023].
DEAR-SOUTH-AfFRICA

18 comments delivered to parliament so far (closes 10 November 2023)

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The Portfolio Committee on Small Business Development invites you to comment on the National Small Enterprise Amendment Bill.

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    The Bill states that the agency will be funded by money appropriated from Parliament, income gained through investment, grants, donations, bequests made to the SEDFA and money lawfully raised from any other source.

    The new potential legislation will also create the Office of the Small Enterprise Ombud Service. Section 17E of the Bill states that the purpose of the Ombud is the following:

    “The objective of the Office is to adjudicate and dispose of complaints in terms of this Act in a manner which is procedurally fair, economical, and expeditious and by reference to what is equitable in all the circumstances, with due regard to—

      1. existing contractual arrangement or other legal relationship between the complainant and any other party to the complaint; and
      2. the provisions of this Act.
        1. The Ombud and any deputy Ombud must act independently and impartially.
        2. The Office of the Ombud must fulfil advocacy functions.

    The Department added that the Bill also makes certain provisions for the Minister to proclaim that certain practices in relation to small enterprises be prohibited as unfair trading practices.

    Primarily, the Bill seeks to, amongst others, provide for the disestablishment of the Small Enterprise Financing Agency, the Co-operative Banks Development Agency and the Small Enterprise Development Agency and make provision for the establishment and registration of the Small Enterprise Development Finance Agency (SEDFA), as well as the establishment of the Office of the Small Enterprise Ombud Service.

    Furthermore, it makes provision for the Minister to declare certain practices in relation to small enterprises to be prohibited as unfair trading practices and make regulations; provide for the transitional arrangements necessitated by the establishment of SEDFA; and to effect consequential or necessary amendments to the Co-operative Banks Act of 2007, as well as the Co-operatives Act of 2005.