CIPC Annual Report V1

7. Legislative and other mandates

The CIPC is listed as a Schedule 3A entity in the PFMA, (1999, as amended). As shown in Table A.2: The PFMA’s provisions for public entities, Chapter 1, 6, and Schedule 3A of the PFMA (1999, as amended)

has provisions for public entities such as the CIPC. Table A. 2: PFMA Provisions for Public Entities Chapter and Section Provision Chapter 1

A national public entity is a board, commission, company, corporation, fund or other entity (other than a national government business enterprise) which is— (i) established in terms of national legislation; (ii) fully or substantially funded either from the National Revenue Fund, or by way of a tax, levy or other money imposed in terms of national legislation; and (iii) accountable to Parliament. Provides for classification; assignment of powers and responsibilities, corporate plans, annual budgets and performance ,revenue and expenditure management, information access, annual reports, and financial statements of public entities.

Chapter 6

Schedule 3A Lists the CIPC as a Schedule 3A entity. The CIPC must abide by the Constitution of the Republic of South Africa Act, 1996 (Act 108 of 1996, as amended). Table A.3: The CIPC’s constitutional mandate highlights sections of more relevance to the CIPC.

Table A. 3: Constitutional mandate Chapter and Section Provision Chapter 2: Bill of Rights Rights: Section 7.

The state must respect, protect, promote and fulfil the rights in the Bill of Rights.

Equality: Section 9:

The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth. (1) Everyone has the right of access to— a. any information held by the state; and b. any information that is held by another person and that is required for the exercise or protection of any rights. (2) National legislation must be enacted to give effect to this right, and may provide for reasonable measures to alleviate the administrative and financial burden on the state. (1) Everyone has the right to administrative action that is lawful, reasonable and procedurally fair. (2) Everyone whose rights have been adversely affected by administrative action has the right to be given written reasons. (3) National legislation must be enacted to give effect to these rights, and must— Chapter 2: Bill of Rights 14 a. provide for the review of administrative action by a court or, where appropriate, an independent and impartial tribunal; b. impose a duty on the state to give effect to the rights in subsections (1) and (2); and c. promote an efficient administration.

Access to information: Section 32.

Just administrative action: Section 33.

COMPANIES AND INTELLECTUAL PROPERTY COMMISSION I Annual Report 2020/21

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