South Africa Act or statute

Parliament of the Republic of South Africa

Regional Industrial Development Amendment Act, 1998

board governanceconcessionsCompany lawdefinitionsgovernment incentivesincentivesindustrial developmentmanufacturingmanufacturing developmentmanufacturing development programmemanufacturing development programmesregional requirementsstatutory amendmentstatutory draftingterritorial scope

Jurisdiction: South Africa
Structure: 16 provisions
Citation: Act 22 of 1998
Dates: updated 19 Jun 1998

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Dates: updated 19 Jun 1998

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Purpose and legislative effect

“This section begins an amendment to section 1 of the Regional Industrial Development Act, 1993, as already amended.”

This section begins an amendment to section 1 of the Regional Industrial Development Act, 1993, as already amended. This section changes the Act’s definitions of “Board,” “concession,” and “incentive.” This section amends the principal Act to establish the Manufacturing Development Board and change its membership and nomination rules. This provision states that section 4 of the principal Act is substituted with new text headed “Objects of Board”. The Board’s object is to promote manufacturing growth using incentives or concessions, while following regional requirements and the Republic’s economic policy.

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June 1998

This section begins an amendment to section 1 of the Regional Industrial Development Act, 1993, as already amended.

Section 19

The objects of the Board shall be to promote [industrial] manufac-

The Board’s object is to promote manufacturing growth using incentives or concessions, while following regional requirements and the Republic’s economic policy.

Section 4

The following section is hereby substituted for section 15A of the principal Act:

This section says that section 15A of the principal Act is being substituted, but the text provided stops at the heading of the new section.

Section 7

This Act shall be called the [Regional Industrial] Manufacturing

This section gives the Act its short title: the [Regional Industrial] Manufacturing Development Act, 1993.

Section 16

This is the Regional Industrial Development Amendment Act, 1998.

This section names the Regional Industrial Development Amendment Act, 1998.

Section 12

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Source record from www.parliament.gov.za · updated 19 Jun 1998

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Showing 16 of 16 provisions

Substitution 8Short title 4Amendment 3Commencement

§ 19June 1998Short title

This section begins an amendment to section 1 of the Regional Industrial Development Act, 1993, as already amended.

19 June 1998 N(). 837. -. l!) Junie [~(~8 II Ii Iwrch> no[llled [hiit the Ac[ing PrewJent has assented to (he f[)llou lng .ACI which is hereby published for general lnformtition:-” Hierby word bekend gemaak da[ die N’aarnemende Presi- dent sy goedkeuring geheg het wn die understawle Wet wut hierby ter algemene inligting gepubliseer wwd:- N(), 22 of I(NS: Region.il lncius(risl [>e~e]opment Amendment .Acr. 1998. N(I. 22 ian 1998: Wysi~ingwet op Streeknywerheidsontw’ik- kellng. 1998. GENERAL EXPLANATORY NOTE: [ ] Words in bold type in square brackets indicate omissions from existing enactments. Words underlined with a solid line indicate insertions in existing enactments. ACT To amend the Regional Industrial Development Act, 1993, so as to change the name and composition of the Board; to alter the objects and functions of the Board; to change the emphasis with regard to the application of programmes from regional application to uniform application throughout the Republic; and to alter the short title; and to provide for matters connected therewith. BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:— Amendment of section 1 of Act 187 of 1993, as amended by section 23 of Act 11 of 1995

Section 19Verify source

§ 1Section 1 of the Regional Industrial Development Act, 1993 (hereinafter referred toSubstitution

This section changes the Act’s definitions of “Board,” “concession,” and “incentive.”

1. Section 1 of the Regional Industrial Development Act, 1993 (hereinafter referred to as the principal Act), is hereby amended by the substitution for the deﬁnitions of ‘‘Board’’, ‘‘concession’’ and ‘‘incentive’’, respectively, of the following deﬁnitions: ‘‘ ‘Board’ means the [Regional Industrial Development Board] board estab- lished by section 2; ‘concession’ means any assistance given to [an industrialist] a manufacturer in the form of a subsidy or rebate in accordance with a programme; ‘incentive’ means a cash amount granted to [an industrialist] a manufacturer in accordance with a programme;’’. 5 10 Amendment of section 2 of Act 187 of 1993, as amended by section 24 of Act 11 of 1995 and section 26 of Act 46 of 1996 15

Section 1Verify source

§ 2Section 2 of the principal Act is hereby amended—Substitution

This section amends the principal Act to establish the Manufacturing Development Board and change its membership and nomination rules.

2. Section 2 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) There is hereby established a juristic person to be known as the [Regional Industrial] Manufacturing Development Board.’’; (b) by the addition to subsection (2) of the following paragraph: 20 ‘‘(d) three members designated by the Minister, one of whom has adequate expertise, knowledge or experience with regard to tax matters, one of whom has adequate expertise, knowledge or experience in small, micro and medium manufacturing enterprises, 4 and one of whom has adequate expertise, knowledge or experience in labour and employment matters.’’; and (c) by the addition to subsection (3) of the following words: ‘‘and must request nominations from the relevant member of the Executive Council of each province.’’. 5 Substitution of section 4 of Act 187 of 1993

Section 2Verify source

§ 3The following section is hereby substituted for section 4 of the principal Act:Substitution

This provision states that section 4 of the principal Act is substituted with new text headed “Objects of Board”.

3. The following section is hereby substituted for section 4 of the principal Act: ‘‘Objects of Board

Section 3Verify source

§ 4The objects of the Board shall be to promote [industrial] manufac-Amendment

The Board’s object is to promote manufacturing growth using incentives or concessions, while following regional requirements and the Republic’s economic policy.

4. The objects of the Board shall be to promote [industrial] manufac- turing growth by way of incentives or concessions with regard to [regional] requirements within the framework of the economic policy of the Republic.’’. Amendment of section 5 of Act 187 of 1993 as amended by section 27 of Act 46 of 1996

Section 4Verify source

§ 4Section 5 of the principal Act is hereby amended—Substitution

This amendment changes section 5 so the Board must make policy recommendations, seek Minister approval, carry out manufacturing development programmes under Ministerial approval and direction, advise the Director-General on certain agreements, and investigate irregular conduct by manufacturers.

4. Section 5 of the principal Act is hereby amended— (a) by the substitution for subsection (1) of the following subsection: ‘‘(1) The Board shall formulate recommendations on policy in respect of all [regional industrial] manufacturing development programmes and shall submit such recommendations to the Minister for approval.’’; (b) by the substitution in subsection (2) for paragraphs (a) and (c) of the following paragraphs, respectively: ‘‘(a) with the approval of the Minister, and shall, by direction of the Minister, develop, manage, administer and implement any [re- gional industrial] manufacturing development programme estab- lished in terms of section 10 or deemed to have been so established, including any matter referred to in section 21ter of the Income Tax Act, 1962 (Act No. 58 of 1962); (c) with due regard to all rules, regulations, instructions and directives of the Public Service and the Treasury, make recommendations to the Director-General in respect of the conclusion, amendment or cancellation of any agreement between the Department and any [industrialist] manufacturer;’’; and (c) by the substitution in subsection (3) for paragraph (b) of the following paragraph: ‘‘(b) investigate or cause to be investigated any irregular conduct by [an industrialist] a manufacturer in respect of incentives or conces- sions and, if after such investigation it appears necessary, institute legal proceedings or cause legal proceedings to be instituted against such [industrialist] manufacturer;’’. Amendment of section 10 of Act 187 of 1993

Section 4Verify source

§ 5Section 10 of the principal Act is hereby amended by the substitution for subsectionSubstitution

The Minister may set up, change, отменate, or replace a manufacturing development programme by Gazette notice, if the Board recommends it and the Cabinet agrees.

5. Section 10 of the principal Act is hereby amended by the substitution for subsection (1) of the following subsection: ‘‘(1) In order to promote and support [regional] manufacturing growth and development within the framework of the economic policy of the Republic, the Minister may, taking into account [of regional] manufacturing needs, on the recommendation of the Board and with the concurrence of the Cabinet, by notice in the Gazette establish, amend, revoke or substitute a programme for [regional industrial] manufacturing development in terms of which assistance from funds appropriated annually by Parliament for this purpose, may be granted to [industrialists] manufacturers by way of incentives or concessions.’’. 10 15 20 25 30 35 40 45 50 Amendment of section 11 of Act 187 of 1993 6

Section 5Verify source

§ 6Section 11 of the principal Act is hereby amended by the substitution in subsectionSubstitution

This provision amends section 11 by replacing paragraph (b) of subsection (2).

6. Section 11 of the principal Act is hereby amended by the substitution in subsection (2) for paragraph (b) of the following paragraph: ‘‘(b) perform any investigation with a view to obtaining information which is necessary in order to establish whether [an industrialist] a manufacturer qualiﬁes for the grant of an incentive or concession in accordance with any programme instituted in terms of this Act, or deemed to have been instituted in terms of this Act;’’. 5 Substitution of section 15A of Act 187 of 1993

Section 6Verify source

§ 7The following section is hereby substituted for section 15A of the principal Act:Substitution

This section says that section 15A of the principal Act is being substituted, but the text provided stops at the heading of the new section.

7. The following section is hereby substituted for section 15A of the principal Act: 10 ‘‘Application of Act

Section 7Verify source

§ 15AAs from the coming into operation of the Land Affairs GeneralCommencement

From the commencement of the Land Affairs General Amendment Act, 1995, this Act applies throughout the national territory.

15A. As from the coming into operation of the Land Affairs General Amendment Act, 1995, the provisions of this Act shall apply in the whole of the national territory [referred to in section 1 of the Constitution of the Republic of South Africa, 1993 (Act No. 200 of 1993)].’’. 15 Substitution of section 16 of Act 187 of 1993

Section 15AVerify source

§ 8The following section is hereby substituted for section 16 of the principal Act:Short title

This section says section 16 of the principal Act is replaced with the words “Short title”.

8. The following section is hereby substituted for section 16 of the principal Act: ‘‘Short title

Section 8Verify source

§ 16This Act shall be called the [Regional Industrial] ManufacturingShort title

This section gives the Act its short title: the [Regional Industrial] Manufacturing Development Act, 1993.

16. This Act shall be called the [Regional Industrial] Manufacturing Development Act, 1993.’’. Transitional provision

Section 16Verify source

§ 9A reference in any document or law to the Regional Industrial Development BoardAmendment

A reference to the Regional Industrial Development Board must be read as a reference to the Manufacturing Development Board in section 2 of the principal Act.

9. A reference in any document or law to the Regional Industrial Development Board must be regarded as a reference to the Manufacturing Development Board contemplated in section 2 of the principal Act. Amendment of Act 187 of 1993 20 25

Section 9Verify source

§ 10The principal Act is hereby amended—Substitution

This section amends the principal Act by replacing gendered terms with gender-neutral ones.

10. The principal Act is hereby amended— (a) by the insertion after the words ‘‘he’’ and ‘‘his’’, wherever they occur, of the words ‘‘or she’’ and ‘‘or her’’, respectively; and (b) by the substitution for the words ‘‘chairman’’ and ‘‘vice-chairman’’, wherever they occur, of the words ‘‘chairperson’’ and ‘‘vice-chairperson’’, respectively. 30 Substitution of long title of Act 187 of 1993

Section 10Verify source

§ 11The following long title is hereby substituted for the long title of the principal Act:Short title

The Act’s long title is replaced with a new one about establishing a Manufacturing Development Board and providing for manufacturing development programmes and related matters.

11. The following long title is hereby substituted for the long title of the principal Act: ‘‘To establish the [Regional Industrial] Manufacturing Development Board; to provide for the establishment of programmes for [regional industrial] manufacturing development; and to provide for matters incidental thereto.’’. 35 Short title

Section 11Verify source

§ 12This is the Regional Industrial Development Amendment Act, 1998.Amendment

This section names the Regional Industrial Development Amendment Act, 1998.

12. This is the Regional Industrial Development Amendment Act, 1998.

Section 12Verify source

Legislative relationships

7 referenced instruments

Names are derived from the stored provision headings and citation-enrichment layer. Treat this as a research index and verify each relationship against the source text.

A–F

1 instrument

Executive Council of each province.’’. 5 Substitution of section 4 of Act
Section 2

G–M

2 instruments

Income Tax Act, 1962
Section 4
Land Affairs General From the commencement of the Land Affairs General Amendment Act, 1995
Section 15A

N–S

4 instruments

principal Act
Section 10
Regional Industrial Development Act, 1993
Sections 1, 19
Republic.’’. Amendment of section 5 of Act
Section 4
section 11 by replacing paragraph (b) of subsection (2). 6. Section 11 of the principal Act
Section 6

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