Chairperson, we have already made it clear that the DA supports the Bill. However, as legislators we believe that we have a duty to produce legislation which is unambiguous, consistent and offers the greatest degree of legal certainty.
One clause in the Bill which relates to the cancellation of contracts does not achieve the standard. This is raised as a serious concern by the Oceana Group, which is a significant black-owned company, and the Banking Association of South Africa, whose member banks are the biggest funders of the black economic empowerment transactions in the country.
Both the Oceana Group and the Banking Association made it clear that the section in question as it is currently worded leaves too much open to vagary and the basic process should be laid out in the Bill to provide some certainty. This is what the amendments I've tabled today aim to do.
The effect of an ambiguous clause is that it will be left to the court to clarify exactly what due process is required before contracts can be cancelled. This leaves it to the businesses that have had their contracts cancelled, many of whom will be small companies run by cash-trapped entrepreneurs. They will now have to approach the court to assert their rights to due process, which they will not be able to afford.
Hon Radebe says that globally big business can go and spend R100 000 a day in the High Courts securing their rights. Hon Radebe, many BEE contractors are not big businesses and they will not be able to afford that.
I am not sure why the ANC is determined to oppose these amendments when this will clearly lead to unnecessary and entirely unavoidable litigation that will clearly hurt the poor, precisely the opposite of the Bill's stated intention.
That's why I have tabled ... [Interjections.] Seemingly much more than you, sir, based on what hon Radebe has just said. That's why I've tabled these common-sense amendments, which are entirely unpolitical and which will improve the Bill, help to keep the courts clear and assist small business owners. I ask that you please support them. Thank you very much. [Applause.]