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STATE ENTERPRISES, SAA BILLS HEAD TO PARLIAMENT
- 10 January 2024
- State Owned Enterprises
- SA Legal Academy
The Department of Public Enterprises has gazetted two draft Bills in lieu of the explanatory summaries procedurally required before proposed new legislation is formally introduced in Parliament. They are the draft National State Enterprises Bill and the draft Repeal of the South African Airways (SAA) Bill.
Once certified by the Office of the State Law Adviser, each draft Bill will be given a number and officially tabled. However, because parliamentary rules do allow Cabinet-approved draft legislation to be submitted for planning and information purposes before being formally introduced, both Bills could find their way to Parliament before it reconvenes on 30 January 2024 after a long festive season recess.
Cabinet approved the Repeal of the SAA Bill at its 29 November 2023 meeting. The draft National State Enterprises Bill was approved at Cabinet’s next meeting on 8 December 2023. Earlier versions of both pieces of proposed new legislation were gazetted in September 2023 for public comment.
According to a memorandum on its objects, the overarching purpose of the draft National State Enterprises Bill is ‘to provide for the establishment of a state-owned holding company … to advance (South Africa’s) socio-economic objectives … (and to) preserve and grow the long-term value of national assets’. The draft Bill also provides for ‘a national strategy for the ownership of commercial state-owned enterprises’.
Apparently, ‘key learnings’ from the approximately 3500 comments received on its first draft pointed, among other things, to the importance of ‘transparent governance and accountability arrangements’.
A memorandum on the objects of the Repeal of the SAA Bill refers to it as an instrument intended to ‘facilitate the repositioning and restructuring of SAA … through the introduction of a strategic equity partner’, with government as ‘minority shareholder’.
- draft National State Enterprises Bill
- Cabinet media statement
- draft Repeal of South African Airways Bill
- Cabinet media statement
Published by SA Legal Academy Policy Watch