No. l
2018
"community share ownership scheme" means a scheme refened
to in section 1-J.B of the Indigenisation and Economic
Fmpowennent (General) Regulations, 20 I 0, published in
Statutory Instrument 21 of20l0, subject to any amendment
or replacement of that section or those regulations from time
to time:
"designated extracti\ e business" means a company, entit) or
business referred to in section 3( I)":
"reserYed sector of the economy" means the sector comprisin1!
those kinds of businesses resen ed f()f citit.ens of/imhahwt·
under the f·irst ScheJule;
"l nit" means the :\ational lndigenisation and Lconomi<.:
I ~mpowennent l 'nit referred to in section ().\:":
(h)
hy the insertion after section 2 of the following section---
"2A Application of Act
For the an)idance of douht it is declared that this .\ct shall not
apply to any business in the national economy other than those specified
in section 3( I) and those in the reserved sector of the economy, anJ that
accorJingly any person is free to ill\' est in, form, operate. anJ acquirl~
the mYuership or control of any business not inc! uded in section _)( I)
or in the reserved sector of the economy.";
(c)
by the repeal of section 3 and the substitution of the following sections--
"3 Objectives and measures in pursuance of indigenisation and
economic empowerment
( l) The State shall, by tlus c\ct, or through regulations under this
Act or <my other law, secure that at least fifty-one per <'enlum of the shares
or other ownership interest of every designated extractive business, that
is to say a company. entity or business involved in the extraction of--(a)
diamond-:; or
(b)
platinum;
shall be owned through an appropriate designated entity (with or
without the participation of a community share ownership sd1eme or
employee share ownership scheme or trust, or both).
(2)
:--ro-
(a)
merger or restmcturing of the share holding ortwo or more
related or associated designated extractive businesses; or
(h)
acquisition by a person of a controlling interest in a
designated extractive business;
that requires to he notified to the Competition Commission in tenus
of Pm1 IVA of the Competition Ac..~t [Chapter 14:281 shall be approved
unless-(c)
a tifty-one per cenlum of the shares or other ownership
interest in the merged or restructured business is held
in the case of a designated extractive business, hy an
appropriate designated entity:
Provided that some part of the fifty-one per
centum here referred to may be held hy a community
share ownership scheme or employee share ownership
scheme or trust, or both;
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