Chamber Meetings
Meetings are held monthly in the Escom Boardroom at 17h30, and the schedule
for meetings in 2003 currently looks like this:
- 23 January 2003
- 27 February 2003 AGM
- 27 March 2003 (Due to Public Holiday)
- 24 April 2003
- 22 May 2003
- 19 June 2003
- 17 July 2003
- 21 August 2003
- 18 September 2003
- 16 October 2003
- 20 November 2003 (Final Meeting of the year)
You will be advised accordingly should any of the above dates change.
Minutes & Newsletters
We are in the process of placing the minutes of all the meetings for
2002 online. Links to these minutes, along with the new WesVaal Chamber
e-newsletters, can be found here. Should you
wish to receive the e-newsletter please click here.
SACOB News
INFORMATION TECHNOLOGY AND COMMUNICATIONS
ITC Charter Working Group
The working group dealing with the compilation of the ICT Empowerment
Charter has published its work so far on the website www.ictcharter.org.za
The website allows visitors to comment on any items which they may want
taken into consideration as the charter develops. A discussion framework
will be posted soon on the website and comments are encouraged from all
stakeholders. The discussion framework will form the basis of the agenda
being developed for the Indaba, currently scheduled for 16 and 17 September.
The venue will shortly be confirmed.
This website will become interactive and all comments posted thereon
will be acknowledged and responded to, whenever relevant. All comments
will be deposited in a database and used at the Indaba during the discussions
and debates.
Members are encouraged to visit the website and to participate actively
in the development of the ICT Charter. Government wants new charters to
be industry-driven and stakeholders in the ICT industry should feel obliged
to participate in the development of the ICT Charter and ensure its relevance.
INTERNATIONAL TRADE
FREE TRADE AGREEMENT
South African Revenue Services – Customs and Excise Act rewrite
The Customs and Excise Act governs the import and export of goods to and
from South Africa. SARS who administers the Act intend to rewrite the
Act with a view to making it more ‘user-friendly’. It is the
intention to set up eight work groups covering imports, exports, valuation,
tariff, ad valorem and excise, control measures, rebates and refunds,
litigation and law enforcement. Stakeholder participation is encouraged
and the deadline for submissions is 19 August. SACOB has established a
work group to make input.
TRALAC / NEPRU Workshop on Trade Arrangements in Southern Africa: 20
June 2003, Windhoek, Namibia
SACOB was represented at the Trade Law Advice Centre (Tralac - located
at Stellenbosch University /Namibian Government Economic Policy and Research
Unit (NEPRU) that took place in Windhoek at the end of June.
The need for the workshop was identified as a result of the SACU ministers
deciding in November 2002 to jointly negotiate trade agreements in future.
A new SACU Agreement embodying the principle of joint decision-making
has been negotiated but has not yet entered into force. This has created
the opportunity for all SACU countries to negotiate a single trade agreement
with the European Union (EU), replacing the current Cotonou and South
Africa-EU agreements. SACU is also currently busy negotiating a Free Trade
Agreement with the US and is considering similar agreements with a number
of other countries. This multiplicity of negotiations has important capacity
implications for the region. SACU needed to identify its objectives in
negotiating these trade agreements and important implementation and regional
integration issues would have to be addressed.
There was therefore a clear need for a workshop to explain and discuss
these issues and to identify areas for further research and capacity building
in order to assist the region in negotiating effective agreements. This
workshop was meant to be the first step in a longer-term project assisting
SACU countries in the negotiation of trade agreements. It will be followed
up with substantive research on the issues identified as well as country-specific
workshops.
The outcome of the workshop included an acknowledgement that SACU could
not negotiate a Free Trade Area without a common industrial policy. SACU,
as an institution, also had to establish common policies, e.g. industrial
policy, and undertake a systematic analysis of SACU’s economic integration
to include market diversion, and its legal basis, Common Agriculture Policy
(CAP), exchange rate fluctuations, regional competition policy and GATS
– trade in services, banking etc.
In addition the need for a public awareness campaign and training of Ministries
and Parliaments and training for negotiating teams was identified, as
well as a need to refine the working procedures of the SACU Regional Negotiating
Mechanism.
Further workshops will be held in each of each SACU country to highlight
the importance of these issues to all the SACU countries.
DEADLINES FOR BUSINESSES/BUSINESSPERSONS TO ACT
Promotion of Access to Information Act
Manuals in terms of the regulations relating to the Promotion of Access
to Information Act have to be submitted to the Human Rights Commission
by 31 August 2003. Businesses requiring assistance in the preparation
of their manuals should contact their Chamber or SACOB (email billl@sacob.co.za).
At the time of the preparation of this newsletter, the proposed amendments
to the regulations that sought to dispense with the need to have the Manuals
published in the Government Gazette have not been approved. For small
business operations, manual preparation is not all that difficult (templates
are available) and members are urged to comply with the legislation and
submit the Manuals to the Human Rights Commission.
Capital Gains Tax (CGT) Valuations
Companies and taxpayers have until 30th September 2003 to decide the
manner by which they intend to value their assets (acquired before 1 October
2001) under the provisions of the CGT legislation. Up until that date,
market value will be permitted. After that date the valuation method will
be a little more complex. In respect of assets such as listed shares,
unit trusts and bonds, SARS has published valuations to be used. For more
information visit www.sars.gov.za
Employment Equity (EE) Act Returns
1st October 2003 is the deadline for the submission of returns by ‘designated’
employers (those who have 150 or more employees, or a turnover above a
specified level). The Act requires such ‘designated’ employers
to prepare a report that covers a number of EE areas and the level of
progress towards the achievement of EE. For more information visit www.labour.gov.za.
Exchange Control Amnesty
The amnesty does not apply to companies. For those individuals, CCs,
trusts and deceased estates intending to apply for Exchange Control Amnesty,
the deadline is 30 November 2003. An amnesty application form must be
completed and lodged with any supporting documents with the Amnesty Unit.
For information visit www.amnestyunit.gov.za
or contact Daphne Ferreira at (012) 315 5530
Annual Returns - Registrar of Companies
The new section 173 of the Companies Act, 1973, which will come into
operation on 25 August 2003, provides that all companies must lodge an
Annual Return with the Registrar of Companies. The section further requires
that this return must be lodged every year by not later than the end of
the month, which follows upon the month within which the anniversary of
the date of the company’s incorporation occurs.
Annual returns refer to the information that companies and close corporations
must submit to the Registrar as confirmation that the company / close
corporation is still in business and that the information provided is
still valid.
Only Public Companies and External Companies will initially be obliged
to submit the Annual Returns. Other types of entities like Private Companies
(Pty) Ltd and Close Corporations (CC) will be required to submit them
at a later stage.
Company secretaries must do lodgments of Annual Returns electronically
on behalf of their companies. All payments must be done via an electronic
banking system and specifically by using credit cards only.
The prescribed fee for the lodgment of Annual Returns will be published
in the Government Gazette before the end of August and will be available
on the CIPRO website.
If a company fails to lodge its Annual Returns and subsequently fails
to pay the prescribed fee, an additional fee of R150.00 will be levied
on the defaulter. If after successive reminders, the defaulter still fails
to lodge and/or pay, the Registrar will, after six months, institute deregistration
proceedings against the company.
Further information is available on the CIPRO website www.cipro.gov.za.
BLACK ECONOMIC EMPOWERMENT (BEE)
Representations on Black Economic Empowerment Bill
The DTI’s Broad Based Black Economic Empowerment Strategy (March
2003) has been followed up with a Bill. SACOB made a written and oral
submission to the Parliamentary Portfolio Committee on the proposed legislation
in June. Although expressing its support for the deracialisation of business,
the impact of the legislation on small business in particular cannot be
underestimated.
Presentations on Broad Based Black Economic Empowerment
The SACOB Policy staff made presentations on the small business perspective
of Broad based Black Economic Empowerment at a workshop held by the Wesvaal
Chamber (Klerksdorp) on 23 July and to an Institute of Industrial Relations
of South Africa breakfast on 25 July.
Members who would like someone to address them should contact Jon Machanik
or Peggy Drodskie.
RESTITUTION OF LAND RIGHTS
Amendment of the Restitution of Land Rights Act
SACOB was represented at a meeting convened by the Department of Land
Affairs where the proposed amendments to the Restitution of Land Rights
Act were debated. Delegates present were gravely concerned that the proposals
would empower the Minister to intervene in the procedure without giving
current landowners the right to contest claims in court.
SACOB has learnt that the Bill has been revised and that the right of
the landowner to appeal in court has been reinstated.
SACOB will address the Parliamentary Portfolio Committee on Land Affairs
on the Bill when oral representations are scheduled.
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