Legal Document
THE TRADING LICENCES ORDER (AMENDMENT) BILL, 2019
(Bill No. of 2019)
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(to be presented by the Minister responsible for Commerce, Industry and Trade)
MEMORANDUM OF REASONS AND OBJECTS
The object of this Bill is to amend the Trading Licenses Order, No.20 of 1975 by -
- removing advertising as a requirement;
- removing the requirement for a hearing;
- introducing blacklisting as penalty for a person who contravenes the Act;
- increasing the fines; and
- provide for incidental matters.
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SIFISO M.M. KHUMALO
Attorney-General
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A BILL
ENTITLED
AN ACT to amend the Trading Licenses Order, No.20 of 1975 so as to provide for the abolishment of advertising, hearing as a requirement for obtaining a trading licence, introduce blacklisting of a company which contravenes the Act and also to increase the fines and to provide for incidental matter.
ENACTED by the King and the Parliament of the Kingdom of Eswatini.
CONTENT LIST
1. Short Title and Commencement
1. (1) This Act may be cited as the Trading Licenses Order (amendment ) Bill,2019 and shall be read as one with the Trading Licenses Order, No.20 of 1975 (hereinafter called “the principal Act”).
(2) This Act shall come into force on the date to be appointed by the Minister by notice in the gazette.
2. Section 5 of the Principal Act is amended by deleting the paragraph and replacing it with a new paragraph to read as follows-
“(5) A person who contravenes this section commits an offence and shall upon conviction be liable to a fine not exceeding twenty thousand Emalangeni (20 000.00) or imprisonment not exceeding five years or both.’’
3. Section 7 of the Principal Act is amended as follows;
(a) In subsection (3)–by deleting the paragraph and replacing it with a new paragraph (a) to read as follows-
“7. (3) An applicant who meets all the requirements for obtaining a Trading licence shall be granted the licence within one day of submitting the application.’’
(b) In subsection (5 )–by deleting the paragraph and replacing it with a new paragraph to read as follows-
“7. (5) An applicant shall when applying for the renewal also attach business financials for the preceding year.’’
(c) In subsection (6)–by deleting the whole paragraph.
(d) In subsection (7)–by deleting the whole paragraph.
(e) In subsection (8)–by deleting the whole paragraph.
4. (1) Section 8bis of the Principal Act is amended in subsection (3)– by deleting the paragraph and replacing it with a new paragraph to read as follows-
“ 8.(3) a person who carries on the business in respect of which licence has been revoked after such revocation or, if the licence has been suspended during the period of suspension ,commits an offence and shall upon conviction be liable to a fine not exceeding twenty thousand Emalangeni ( E 20.000.00) or imprisonment not exceeding five years or both.’’
5. Section 13 of the Principal Act is amended as follows;
(a) in subsection (2)–by deleting the words “shall be guilty of an offence” and replacing it with the words “commits an offence and shall upon conviction be liable to a fine not exceeding twenty five thousand Emalangeni (E 25. 0000.00) or imprisonment not exceeding five years”;
(b) by adding a new subsection (3) and renumbering accordingly to read as follows-
“13. (3) The licencing officer shall after conviction of such an offender blacklist that offender for a period of one year”.
6. Section 14 of the Principal Act is amended by deleting the words “50 cents “and replacing with the words “which shall be double the application fee”.
7. Section 17 of the Principal Act is amended by deleting the paragraph and replacing it with a new paragraph to read as follows-
“17(4) A person who forges a trading licence commits an offence and shall upon conviction be liable to a fine not exceeding twenty –five thousand ( E 25.000.00) or imprisonment not exceeding five years.”
8. Section 18 of the Principal Act is amended by deleting the paragraph and replacing it with a new paragraph to read as follows-
“18 A person who has committed an offence and found guilty under this Order for which no penalty is specified shall be liable on conviction to a fine not exceeding twenty thousand Emalangeni ( E 20.000.00) or imprisonment not exceeding five years.”