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South
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NATIONAL LEGISLATION OVERVIEWS
NATIONAL LEGISLATION OVERVIEWS
National
Small Enterprise Act, No. 102 of 1996
[..Title amended by Act 2004_029_005_20041215 - was entitled "National Small Business Act, No. 102 of 1996"]
[..Title amended by Act 2004_029_005_20041215 - was entitled "National Small Business Act, No. 102 of 1996"]
Long
title
To provide for the establishment of the Advisory Body and the Small Enterprise Development Finance Agency; to provide for the functioning of the Small Enterprise Development Finance Agency; to ensure the provision of financial and non-financial support services to small enterprises; to promote the development of sustainable and responsible co-operative banking; to provide for the establishment of the Office of the Small Enterprise Ombud Service; to enable an equitable trading environment for small enterprises through the provision of affordable and effective access to justice; to empower the Minister to declare certain practices in relation to small enterprises to be prohibited as unfair trading practices; to provide guidelines for organs of state in order to promote small business in the Republic; and to provide for matters incidental thereto.
[...amended by Act 2004_029_004_20041215]
[...amended by Act 2024_021_011_20240723]
Table of contents
Legislation Text Access Point
To provide for the establishment of the Advisory Body and the Small Enterprise Development Finance Agency; to provide for the functioning of the Small Enterprise Development Finance Agency; to ensure the provision of financial and non-financial support services to small enterprises; to promote the development of sustainable and responsible co-operative banking; to provide for the establishment of the Office of the Small Enterprise Ombud Service; to enable an equitable trading environment for small enterprises through the provision of affordable and effective access to justice; to empower the Minister to declare certain practices in relation to small enterprises to be prohibited as unfair trading practices; to provide guidelines for organs of state in order to promote small business in the Republic; and to provide for matters incidental thereto.
[...amended by Act 2004_029_004_20041215]
[...amended by Act 2024_021_011_20240723]
Table of contents
| SECTION | TITLE |
| CHAPTER 1. [sic - no title] | |
| 1. | Definitions |
| 1A. | Application of Act [... inserted by Act 2024_021-002_20240723] |
| CHAPTER 2. MINISTER'S POWER TO FACILITATE AND ESTABLISH ADVISORY BODY [...Title amended by Act 2003_026_002_20031126 - was was entitled "CHAPTER 2. NATIONAL SMALL BUSINESS COUNCIL"] | |
| 2. | Minister's
power to facilitate and establish Advisory Body [...Title amended by Act
2003_026_002_20031126 - was entitled
"Establishment of National Small Business Council"] |
| 3. | Minister's
duty to determine Constitution of Advisory Body [...Title amended by Act
2003_026_002_20031126 - was entitled
"Functions of Council"] |
| 4. | Report of Advisory Body [...deleted
by Act 2003_026_002_20031126 - was entitled "Constitution of
Council"] [... inserted by Act 2024_021_003_20240723] |
| 5. | [...deleted by
Act 2003_026_002_20031126
-
was entitled "Remuneration
of members, alternate members and co-opted members of Council and
provincial councils"] |
| 6. | [...deleted by
Act 2003_026_002_20031126
-
was entitled "Staff
of
Council"] |
| 7. | [...deleted by
Act 2003_026_002_20031126
- was entitled "Finances of Council"] |
| 8. | [...deleted by
Act 2003_026_002_20031126
- was entitled "Transitional provisions in respect of Council"] |
| CHAPTER
3. SMALL ENTERPRISE DEVELOPMENT FINANCE AGENCY [...Title
amended by Act
2004_029_002_20041215 - was
entitled
"CHAPTER
3. NTSIKA ENTERPRISE PROMOTION AGENCY"] [... Title substituted by
Act 2024_021_004_20240723 - was entitled "CHAPTER 3. SMALL ENTERPRISE
DEVELOPMENT AGENCY"] |
|
| 9. | Establishment and shareholder of Agency [...Title
amended by Act
2004_029_002_20041215 - was entitled
"Establishment of Ntsika Enterprise Promotion Agency"] [...
Title substituted by Act 2024_017_004_20240723 - was entitled
"Establishment of Small Enterprise Development Agency"] |
| 9A. | ... [...inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Objectives of Agency"] |
| 10. | Objectives of Agency [... Title substituted by Act 2024_017_004_20240723 - was entitled "Functions of Agency"] |
| 11. | Shareholder powers and duties [...Title amended by Act
2004_029_002_20041215 - was entitled
"Board
of Directors of Agency"] [... Title substituted by Act 2024_017_004_20240723 - was entitled "Constitution of Board and appointment of members of Board"] |
| 12. | Material or persistent failure to meet objectives and targets [...Title amended by Act
2004_029_002_20041215 - was entitled
"Rights
and responsibilities of Board"] [... Title substituted by Act 2024_017_004_20240723 - was entitled "Terms of office of non-executive members of Board"] |
| 13. | Agency;s powers and functions [...Title amended by Act
2004_029_002_20041215 - was entitled
"Constitution of Agency "] [... Title substituted by Act 2024_017_004_20240723 - was entitled "Remuneration and allowances of members of Board"] |
| 13A. | ... [...inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Conflict of interest"] |
| 13B. | ... [...inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Resignation of members of Board"] |
| 13C. | ... [...inserted by
Act
2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Termination of appointment of members of Board"] |
| 13D. | ... [...inserted
by Act 2004_029_000_20041215] ... omitted by Act 2024_017_004_20240723 - was entitled "Meetings of Board"] |
| 13E. | ... [...inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Conduct of meetings"] |
| 13F. | ... [..inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Resolution without meeting"] |
| 13G. | ... [...inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Directives issued by Minister"] |
| 13H. | ... [...inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Chief Executive Officer"] |
| 14. | Rile, functions and duties of Agency Board [... substituted by Act 2024_017_004_20240723 - was entitled "Staff of Agency"] |
| 15. | Finances
of Agency |
| 16. | Composition of Board [...Title
amended by Act 2004_029_002_20041215 - was
entitled "Drafting and adoption of constitution of Agency"] [... substituted by Act 2024_017_004_20240723 - was entitled "Business plan"] |
| 16A. | Restriction
of use of name [...inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Restriction of use of name"] |
| 16B. | Designated
institutions [...inserted
by Act 2004_029_000_20041215] [... omitted by Act 2024_017_004_20240723 - was entitled "Designated institutions"] |
| ... [...inserted by
Act
2004_029_000_20041215] [... subheading omitted by Act 2024_017-004-20240723 - was "Transitional provisions" |
|
| 17. | Board committees [...Title amended by Act
2004_029_002_20041215 - was
entitled "Transitional provisions in respect of Agency"] [... substituted by Act 2024_017_004_20240723 - was entitled "Incorporation of institutions"] |
| 17A. | Standards of director control [...inserted by
Act
2004_029_000_20041215] [... substituted by Act 2024_017_004_20240723 - was entitled "Appointment of provisional Chief Executive Officer"] |
| 17B. | Reporting [...inserted by
Act
2004_029_000_20041215] [... substituted by Act 2024_017_004_20240723 - was entitled "Transfer of staff"] |
| 17C. | Audit of Agency [...inserted by
Act
2004_029_000_20041215] [... substituted by Act 2024_017_004_20240723 - was entitled "Assets, liabilities and funds"] |
| CHAPTER 3A. DISPUTE RESOLUTION MECHANISM [... inserted by Act 2024_017_005_20240723] | |
| 17D. | Establishment of Office of Small Enterprise Ombud Service [... inserted by Act 2024_017_005_20240723] |
| 17E. | Objective of Office [... inserted by Act 2024_017_005_20240723] |
| 17F. | Appointment of Ombud and deputy Ombud [... inserted by Act 2024_017_005_20240723] |
| 17G. | Powers and functions of Ombud [... inserted by Act 2024_017_005_20240723] |
| 17H. | Receipt of complaints [... inserted by Act 2024_017_005_20240723] |
| 17I. | Prescription of complaints [... inserted by Act 2024_017_005_20240723] |
| 17J. | Jurisdiction for complaints [... inserted by Act 2024_017_005_20240723] |
| 17K. | Resolution of complaints [... inserted by Act 2024_017_005_20240723] |
| 17L. | Investigation [... inserted by Act 2024_017_005_20240723] |
| 17M. | Determinations by Ombud [... inserted by Act 2024_017_005_20240723] |
| 17N. | Staff of Office [... inserted by Act 2024_017_005_20240723] |
| 17O. | Delegation by Ombud, deputy Ombud and director [... inserted by Act 2024_017_005_20240723] |
| 17P. | Funding of Office [... inserted by Act 2024_017_005_20240723] |
| 17Q. | Accountability [... inserted by Act 2024_017_005_20240723] |
| 17R. | Disestablishment and liquidation of Office [... inserted by Act 2024_017_005_20240723] |
| 17S. | Regulations applicable to Ombud [... inserted by Act 2024_017_005_20240723] |
| 17T. | Record-keeping [... inserted by Act 2024_017_005_20240723] |
| 17U. | Annual Report of Ombud [... inserted by Act 2024_017_005_20240723] |
| 17V. | Penalties [... inserted by Act 2024_017_005_20240723] |
| 17W. | Promotion of stakeholder education [... inserted by Act 2024_017_005_20240723] |
| 17X. | Promotion of inter-agency co-ordination and collaboration [... inserted by Act 2024_017_005_20240723] |
| 17Y. | Unfair trading practices [... inserted by Act 2024_017_005_20240723] |
| CHAPTER 4. GENERAL PROVISIONS | |
| 18. | Determination
of guidelines |
| 19. | National Review of Small Enterprise [... substituted by Act 2024_017_006_20240723 - was entitled "Reports"] |
| 20. | Regulations
and amendment of Schedule |
| 21. | Repeal
of laws |
| 22. | Short title and commencement |
| Sch. | ... [... repealed by Act 2024_017_005_20240723 - was entitled "SCHEDULE (SEE DEFINITION OF 'SMALL BUSINESS IN SECTION 1)"] |
Legislation Text Access Point
| Versions [To check whether a version has commenced, and how it was commenced, please see the Timeline for the Act, and the Annotated Text for the version.] |
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| As unamended Act 1996_102_000_19961127 | EXT.LINK | REQ.INFO | LINK |
| As amended by Act 2003_026_000_20031126 . | N/A | REQ.INFO | LINK |
| As amended by Act 2004_029_000_20041215 . | N/A | REQ.INFO | LINK |
| As amended by Act 2024_021_000_20240723 . | N/A | REQ.INFO | LINK |
| As amended by ... | N/A | REQ.INFO | LINK |
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