Africa-Press – Eswatini. The Farm Dwellers (Amendment) Bill headlines the list of over 10 pending Bills that affect businesses.
This is one Bill which has been received with mixed emotions. The proposed amendments to the Farm Dwellers Act suggested that farm owners who intended selling their farms could be legally obligated to give dwellers Eswatini Nation Land in chiefdoms or give government first choice to make an offer to purchase that farm through a fund. In pursuing the advocacy mandate, Business Eswatini (BE) Eswatini Chief Executive Officer (CEO) Nathi Dlamini said his office was keenly following the progress of all Bills in the country including the Farm Dwellers (Amendment) Bill. This is contained in Dlamini’s report presented during an extraordinary meeting at the Hilton Garden Inn Hotel in Mbabane. The meeting was held behind closed doors.
Opportunities
Another pending Bill is the Eswatini National Pension Fund Bill Number 9 of 2018,. The proposed Bill comes with the conversion of Eswatini National Provident Fund (ENPF), valued at over E7 billion, into a national pension fund. Other Bills waiting enactment into an Act include Eswatini National Land Agricultural Commercialisation Bill of 2019 which gives equal opportunities with counterparts on title deed land in terms of access to capital from financial institutions. The Ministry of Agriculture has proposed a Bill that would authorise imiphakatsi (royals kraals) to issue title deed/lease-like documents to agribusinesses under their jurisdiction.
Then there is also the Eswatini Competition Bill. The Eswatini Competition Commission published a Competition Bill (Draft Bill), 2020 on its website, which was intended to be presented to the Minister of Commerce, Industry and Trade. The object of the Draft Bill is to increase effectiveness, consistency, predictability and transparency in the enforcement and administration of competition law in Eswatini. It also aims to give effect to regional frameworks such as Common Market for Eastern and Southern Africa (COMESA) Competition Regulations and international best practices. The Draft Bill, once promulgated into law, will therefore provide for the prevention of anti-competitive trade practices; and the establishment of a more effective and efficient merger review and control; among other things.
Bill
Other sinclude the Tax Administration Bill; the Fair Trading and Consumer Bill; the Eswatini Telecommunication Corporation Bill; The Eswatini Postal Corporation Bill; The Infrastructure Corporation Bill; The International Trade Administration Bill; The Bio Safety Amendment Bill; The Gaming Control Bill.; and The Plant Health Bill, among others.
Meanwhile, Dlamini, in the 2019-2021 report shared that BE continued to receive many concerns on the administration of the tax laws by the Eswatini Revenue Service (ERS). After deliberations it was resolved that the consultative forums between private sector and the ERS will resume in order to systematically address the concerns on procedural and tax administration matters. Policy and legislative matters will be referred to the Ministry of Finance for intervention. Discussion on the Amendment of the Income Tax Order, on the other hand, are said to have continued over the past year.
Contained in the last version of the Amendment Bill were several measures aimed at increasing tax compliance, such as the introduction of a presumptive tax regime, tax relief on medical expenses, among others. However, there are a number of provisions that would be detrimental to the business environment. They include the introduction of capital gains tax, taxation of residents worldwide.
Income
“The Secretariat will continue engaging with the Ministry of Finance on the issues raised above, during the promulgation of the Amendment Bill.” Most of the pending Bills are still at consultation stage while others await enactment by government.
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