The Free Market Foundation (FMF) has taken full advantage of government’s call to action to make written submissions to a High Level Panel (HLP) convened by Parliament to assess the impact of key legislation on the triple challenges of poverty, unemployment and inequality. In making 17 submissions, the FMF demonstrates its 40-year commitment to making a contribution to creating a prosperous and free democratic South Africa for all citizens to enjoy true economic freedom and a fair and just society.
The FMF is delighted that government has recognised the fact that much of SA’s legislation designed to stimulate and grow the economy is having the opposite effect often through unintended consequences. The HLP investigation is a welcome and much needed initiative, which gives civic organisations and individuals the opportunity to participate in open and transparent debate to remove obstacles to a prosperous and healthy economy and society. The FMF made submissions to many of the original Bills and sees the HLP’s invitation to make further input on legislation passed as a very positive sign.
The full list of the FMF submissions on a comprehensive range of legislation follows with links to the submissions and related documents. The deadline for submissions was 20 August 2016.
Ends
Editor’s Notes
Note 1. Free Market Foundation submissions to High Level Panel with attachments and URLs
Black Economic Empowerment (BEE) and Broad-Based Black Economic Empowerment (B-BBEE): Job creation and economic development implications of financing empowerment transactions
Attachment:
Does the financing of empowerment transaction result in job creation?
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/1BEEandBBBEE.pdf
Education Policy
Attachments:
FMF 2002 comment on the Education Laws Amendment Bill & the Higher Education Amendment Bill
FMF 2012 submission on the National Development Plan – Education
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/2education.pdf
Electricity Regulation Act & National Energy Regulator Act
Attachment: -
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/3electricityactsx2.pdf
Electricity – Overview
Attachment:
Two-page submission on original ISMO Bill
Attachments:
Article: What is the electricity transmission grid
FMF 2011 comment on original ISMO Bill
Proposed amendment to original ISMO Bill
Original ISMO Bill
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/4electricityoverviewandISMO.pdf
Exchange Control Regulations
Attachment:
Article: Exchange controls are an apartheid relic and should be abolished
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/5exchangecontrols.pdf
Expropriation (ACT)
Attachment: -
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/6expropriation.pdf
Financial Advisory and Intermediary Services Act (FAIS)
Attachments:
FAIS Act with highlighted concerns
FAIS Bill original FMF submission
FAIS to Twin Peaks – executive summary
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/7FAIS.pdf
National Health ACT
Attachments:
National Health Act – sections 36-40
Certificates of Need Constitutional Court Judgement
Article: Social engineering is not welcome
Free Market Foundation submission on MAKING HEALTHCARE AFFORDABLE
Attachments:
Article: Your life at stake: False assertions about hospital costs
Article: SA students flee Cuba, next time it will be Russia
Article: Streamlining drug approvals
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/8nationalhealthact.pdf
Medical Schemes ACT
Attachments:
Scrap PMBs and let the market work
Free Market Foundation submission on MAKING HEALTHCARE AFFORDABLE
Attachments:
Article: Your life at stake: False assertions about hospital costs
Article: SA students flee Cuba, next time it will be Russia
Article: Streamlining drug approvals
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/9medicalschemesact.pdf
Medical Price Control Regulations
Attachments:
Article: Price controls reveal government’s true intentions
Free Market Foundation submission on MAKING HEALTHCARE AFFORDABLE
Attachments:
Article: Your life at stake: False assertions about hospital costs
Article: SA students flee Cuba, next time it will be Russia
Article: Streamlining drug approvals
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/10medicalpricecontrolregulations.pdf
Value-Added Tax on Medical Products
Attachment:
Article: Allow market to dictate medicine prices
Free Market Foundation submission on MAKING HEALTHCARE AFFORDABLE
Attachments:
Article: Your life at stake: False assertions about hospital costs
Article: SA students flee Cuba, next time it will be Russia
Article: Streamlining drug approvals
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/11VATonmedicalproducts.pdf
Basic Conditions of Employment Act
Attachments:
2011 submission by the Free Market Foundation on BCEA
Submission on JOBS FOR THE JOBLESS
Attachment:
Booklet: Jobs for the Jobless: Special exemption certificates for the unemployed
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/12basicconditionsofemploymentact.pdf
Labour Relations Act
Attachments:
2011 submission by the Free Market Foundation on LRA
Submission on JOBS FOR THE JOBLESS
Attachment:
Booklet: Jobs for the Jobless: Special exemption certificates for the unemployed
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/13labourrelationsact.pdf
Land reform – overview
Attachments:
Speech: Khaya Lam (My Home) Land Reform Project
Article: Transfer land from the state to the people now
Article: Convert all RDP housing to full and unrestricted freehold title
Article: Traditional communities at risk
Frequently asked questions
Article: Myths about land reform
Free Market Foundation submission on LAND REFORM – MORE DETAIL
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/14landreform.pdf
Rule of Law, founding provision in the Constitution
Attachments:
Guidelines for the State Law Advisor to give effect to the rule of law
Mineral and Energy Resources Development Amendment Bill with problematic provisions highlighted by way of example
Article: Rule of law under siege
Article: Discretionary powers and rule of law
Article: Equality, constitutionality and the rule of law
Article: South Africa is buckling under excessive regulation
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/15ruleoflaw.pdf
Special Economic Zones ACT
Attachments:
Proposed amendments to Special Economic Zones Act 2014
Proposed additional legislation
Extract from Habits of Highly Effective Countries: China syndrome
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/16specialeconomiczones.pdf
Tax
Attachments: Originally prepared as submissions to the Davis Tax Committee.
Macro Analysis
Flat Tax
Attachments:
The flat tax system: A descriptive analysis
Postcard-size tax forms
VAT
Small Business
BEPs
Estate Duty
http://eolstoragewe.blob.core.windows.net/wm-122664-cmsimages/17tax.pdf
Note 2. High Level Panel on the assessment of key legislation (taken from the call for submissions)
Parliament has appointed a High Level Panel whose mandate it is to investigate the impact of legislation in respect of the following areas:
a. The Triple Challenges of Poverty, Unemployment and Inequality;
b. The creation of, and equitable distribution of wealth;
c. Land reform, restitution, redistribution and security of tenure;
d. Nation building and social cohesion.
The legislation in question would include that which has the greatest direct impact on the citizens of South Africa, such as combating poverty, services and the delivery thereof, education, health, employment, housing, combating crime, social development and the legislation that seeks to protect and improve the lives of women and children.
The High Level Panel aims to review legislation, assess implementation, identify gaps and propose action steps that impact on specific areas. This will be done with a view to identifying laws that require strengthening, review and/or amending. In other words, this intervention will entail the identification of existing legislation that enables the transformational goals of the developmental state, as well as laws that impede this goal.
The outcome of the work of the High Level Panel will be a package of recommendations that will be considered by the South African Legislative Sector.