National Small Business Act, 1996 (Act No. 102 of 1996) > Chapter 1: Definitions

1.	In this Act, unless the context otherwise indicates—

[Words preceding the definition of "Agency" substituted by section 1(a) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"Agency"

means the Small Enterprise Development Finance Agency SOC Limited established in terms of section 9;

[Definition substituted by section 1(b) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"Auditor-General"

means the person appointed as Auditor-General in terms of section 193(4) of the Constitution;

[Definition inserted by section 1(c) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"Board"

means the Board of Directors of the Agency established in terms of section 16;

[Definition substituted by section 1(d) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"Chief Executive Officer"

[Definition deleted by section 1(e) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"Companies Act"

means the Companies Act, 2008 (Act No. 71 of 2008);

[Definition inserted by section 1(f) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"complainant"

means a small enterprise or small enterprise organisation;

"complaint"

means any complaint lodged, as contemplated in Chapter 3A, by a small enterprise or small enterprise organisation against—

(a)	another small enterprise or small enterprise organisation;

(b)	a large enterprise that does not fall within the meaning of ‘small enterprise’; or

(c)	an organ of state as defined in section 239 of the Constitution,

in relation to the interpretation of the terms of an agreement for the procurement of goods or services or the late or non-payment of amounts due and payable to the small enterprise, where the complaint is not a complaint that falls under the jurisdiction of an ombud, as defined in section 1(1) of the Financial Sector Regulation Act, 2017 (Act No. 9 of 2017);

"constitution of the Council"

[Definition deleted by the National Small Business Amendment Act, 2003 (No. 26 of 2003)]

"co-operative enterprises"

include a co-operative, a co-operative bank and a co-operative financial institution, as defined in the Co-operative Banks Act, 2007 (Act No. 40 of 2007);

[Definition inserted by section 1(g) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"Council"

[Definition deleted by the National Small Business Amendment Act, 2003 (No. 26 of 2003)]

"development support"

includes both financial and non-financial support;

"director"

means the person appointed in terms of section 17N;

"Director-General"

means the Director-General of the Department responsible for small business development;

[Definition substituted by section 1(h) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"Minister"

means the Minister responsible for small business development;

[Definition substituted by section 1(i) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"National Co-ordinator"

[Definition deleted by the National Small Business Amendment Act, 2003 (No. 26 of 2003)]

"National Small Business Support Strategy"

means the national policy in respect of small enterprise support as published by the Minister in the Gazette, and includes the policy as stated in the White Paper on National Strategy for the Development and Promotion of Small Business in South Africa (Notice No. 213 of 1995, published in Gazette No. 16317 of 28 March 1995);

"Ntsika"

means the Ntsika Enterprise Promotion Agency established by the National Small Business Act, 1996 (Act No. 102 of 1996), and incorporated in terms of section 17 of this Act.

"Office"

means the Office of the Small Enterprise Ombud Service established by section 17D;

[Definition inserted by section 1(j) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"Ombud"

means the Ombud appointed in terms of section 17F;

"prescribed"

means prescribed by regulation;

"Public Finance Management Act"

means the Public Finance Management Act, 1999 (Act No. 1 of 1999);

[Definition inserted by section 1(k) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"provincial council"

[Definition deleted by the National Small Business Amendment Act, 2003 (No. 26 of 2003)]

"regulation"

means any regulation made under this Act;

"service provider"

means any public or private entity providing support services to small enterprise;

"small enterprise"

means a separate and distinct business entity, together with its branches or subsidiaries, if any, including a co-operative, co-operative financial institution, or a co-operative bank, carried on in any sector or sub-sector of the economy classified as a micro, small or medium enterprise which satisfies the prescribed criteria;

[Definition substituted by section 1(l) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

"small enterprise organisation"

means any entity, whether or not incorporated or registered under any law, consisting mainly of persons carrying on small enterprise concerns in any economic sector, and established for the purpose of promoting the interests of or representing small enterprise concerns, and includes any federation consisting wholly or partly of such association, and any branch of such organisation;

"this Act"

includes the regulations.

"Trust"

means the National Manufacturing Advisory Centre Trust, incorporated into the Agency in terms of section 17 of this Act.

"Unfair Trading Practice"

means a practice contemplated in section 17Y;

[Definition inserted by section 1(m) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

(2)	Unless the context indicates otherwise, a word or phrase defined in the Companies Act, the Co-operatives Act, 2005 (Act No. 14 of 2005), the Co-operative Banks Act, 2007 (Act No. 40 of 2007), or the Public Finance Management Act, has the same meaning in this Act.

[Section 1(2) inserted by section 1(n) of the National Small Enterprise Amendment Act, 2024 (Act No. 21 of 2024), GG 50965, Notice No. 5049, dated 23 July 2024 - effective 1 October 2024 per Commencement Notice 190 of 2024]

National Small Business Act, 1996 (Act No. 102 of 1996)

Chapter 1: Definitions

1. Definitions

"Agency"

"Auditor-General"

"Board"

"Chief Executive Officer"

"Companies Act"

"complainant"

"complaint"

"constitution of the Council"

"co-operative enterprises"

"Council"

"development support"

"director"

"Director-General"

"Minister"

"National Co-ordinator"

"National Small Business Support Strategy"

"Ntsika"

"Office"

"Ombud"

"prescribed"

"Public Finance Management Act"

"provincial council"

"regulation"

"service provider"

"small enterprise"

"small enterprise organisation"

"this Act"

"Trust"

"Unfair Trading Practice"