Overview of dti legislation passed since 1999 Select Committee Cape Town 17 February 2004

Overview of presentation Present an overview of dti legislative and policy rationale between 1999 and 2003

Introduction The dti legislative agenda from 1999 to 2003 was informed by 5 overall policy objectives: Institutional restructuring Modernization and international alignment of our laws Addressing problems emerging from implementation of new laws Enhancing co-operative governance Introduction of and giving effect to new policies

Institutional restructuring The dti legislative agenda focused to a large extent on giving effect to the objective of creating independent and administratively efficient institutions (CIPRO, ECIC, ITAC), the expansion of the scope of certain agencies (IDC, MFRC), as well as enhancing the general enforcement capability of agencies, which can be summarised as institutional restructuring: Export Credit and Foreign Investment Re-insurance Act, 1957 (amended in 2001 and in 2002) Industrial Development Act (amended in 2001) International Trade Administration Act (2002) National Small Business Act (amended in 2003) Usury Act (amended in 2003) Companies and Close Corporations Act (amended in 2001 and 2002)

Modernizing our laws Some laws needed to be aligned with international agreements or best practice or to provide for emerging market trends The Patents Act (amended in 2001 and 2002) Performers Protection Act and Copyright Act (amended in 2002) Trade Practices Amendment Act (amended in 2001) and Merchandise Marks Act (amended in 2002) Merchandise Marks Act (amended in 2001) Companies Act, 1973 (amended in 1999) Liquor Bill (introduced in 2003)

Implementation problems Legislation in areas reviewed between 1994 and 1998 required further clarification or change to enhance implementation and provide greater interpretation certainty: The Competition Act, 1998 (amended in 1999 and 2000) The Lotteries Act, 1997 (amended in 2000 and 2001) The Counterfeit Goods Act, 1997 (amended in 2001) Consumer Affairs Act, 1988 (amended in 2001) Gambling Act, 1996 (amended in 1999)

Enhancing co-operative governance Experience with the new Constitution, as well as the implementation of laws in a new constitutional dispensation created the need to amend certain laws to provide for enhanced co-operative governance: Harmful Business Practices Act (amended in 1999) National Gambling Bill (introduced in 2003)

New policies During the period under review the dti launched a new policy regarding BEE and gave effect to the policy by introducing new legislation: Broad-Based Black Economic Empowerment Act (introduced in 2003)

Conclusions Lessons learnt from the past five years: Going forward: Many of the amendments were piecemeal and of a technical nature The danger is that resulting laws become inconsistent and difficult to understand; there is thus a need for a more coherent process to review policies and laws every 3-5 years and to propose all necessary amendments in one effort Some amendments emerged after new laws had been implemented – while there will always be a need for these types of amendments, a more coordinated approach is necessary Going forward: A more coherent and coordinated approach to law reform has been developed This will include corporate law reform, intellectual property law reform, consumer law reform, credit law reform and a review of the framework for estate agents

Questions and clarification