CHAPTER 28:05
ECONOMIC INCLUSION

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary

    1.    Short title

    2.    Interpretation

    3.    Application

PART II
Institutional Framework

    4.    Establishment of Economic Empowerment Office

    5.    Appointment of Coordinator

    6.    Functions of Economic Empowerment Office

    7.    Directions by Minister

PART III
Entrenchment of Citizen Empowerment in Social and Economic Measures

    8.    Ownership of land and property

    9.    Investment opportunities

    10.    Empowerment programmes

    11.    Representation of targeted citizens

    12.    Representation in professional bodies

    13.    Capacity development

    14.    Combating fronting

PART IV
Enhancing Global Competitiveness Through Empowerment and Partnerships, and Transforming the Economy to be Private Sector Led

    15.    Capacity building for private sector

PART V
Procurement and Licensing to Promote Empowerment

    16.    Accreditation

    17.    Decentralisation

    18.    Localisation

    19.    Natural resources

    20.    Skills transfer

    21.    Procurement and tendering

    22.    Multiple benefits

PART VI
Using Budgeting Process in Support of Empowerment

    23.    Budget process

PART VII
Investment in Quality Human Capital Development

    24.    Training of targeted citizens

PART VIII
Encouraging Non-State Actors to Play a Role in the Delivery of Public Sector Programmes

    25.    Role of private sector

    26.    Foreign investors

    27.    Economic empowerment standards

    28.    Economic transformation and empowerment

PART IX
Social Upliftment Programmes to Ensure Nobody is Left Behind

    29.    Social upliftment

PART X
Funding for Economic Empowerment Initiatives

    30.    Funding

PART XI
Access to Information, Technology and Markets

    31.    Access to information, etc.

PART XII
Compliance with Economic Inclusion Law

    32.    Compliance

    33.    Issuance of special identity card

    34.    Inspection of premises

    35.    Issuance of warning

    36.    Charge for non-compliance

    37.    Power to impose administrative fine

PART XIII
Offences and Penalties

    38.    Offences and penalties

PART XIV
Miscellaneous

    39.    Regulations

        Schedule

Act 26, 2021,
S.I. 40, 2022.

An Act to make provision for the establishment of the office of the Coordinator of the Economic Empowerment Office, to promote the effective participation of targeted citizens in the economic growth and development of the economy, to facilitate enforcement of the economic empowerment initiatives and for matters connected therewith and incidental thereto.

[Date of Commencement: 20th April, 2022]

PART I
Preliminary (ss 1-3)

1.    Short title

    This Act may be cited as the Economic Inclusion Act.

2.    Interpretation

    In this Act, unless the context otherwise provides—

    "citizen owned enterprise" means an enterprise wholly owned by a targeted citizen or jointly by targeted citizens;

    "Coordinator" means the Coordinator of the Office appointed under section 5;

    "economic empowerment" means the capacitation of a targeted person to participate, contribute and benefit from economic growth processes;

    "empowerment" means any practice, scheme or programme aimed at enhancing and promoting economic empowerment;

    "fronting" means obtaining an economic empowerment initiative, programme or scheme benefit to enable another person, who would otherwise not qualify to obtain such an empowerment benefit;

    "graduation model" means gradual reduction of support while developing entrepreneurial culture;

    "medium enterprise" has the same meaning assigned to it under the Industrial Development Act (Cap. 43:01);

    "micro enterprise" has the same meaning assigned to it under the Industrial Development Act;

    "non-state actor" means any other entity other than that owned by the State;

    "Office" means the Economic Empowerment Office established under section 4;

    "professional body" means an organisation with individual members practising a profession or occupation in which the organisation maintains an oversight over the knowledge, skills, conduct and practice of that profession or occupation;

    "public body" means any office, organisation, establishment or body created by or under any enactment or under powers conferred by any enactment; or any organisation, trust, company or body where public moneys are used, and includes—

    (a)    any Ministry or Department;

    (b)    a local authority;

    (c)    land board;

    (d)    statutory body; and

    (e)    a company registered under the Companies Act (Cap. 42:01) being a company in which the Government or an agency of the Government through holding of shares or otherwise, is in a position to direct the operations of that company; and

    "targeted citizen" means a citizen whose access to economic resources has been constrained by various factors as may be prescribed by the Minister from time to time.

3.    Application

    This Act shall apply to all sectors of the economy, the State and its related State-owned entities and agencies (public body), and any private sector employer that plays a significant role in economic empowerment.

PART II
Institutional Framework (ss 4-7)

4.    Establishment of Economic Empowerment Office

    (1) There is hereby established an Economic Empowerment Office which shall direct the action of State ministries, agencies or entities in relation to economic empowerment initiatives.

    (2) The Office shall consist of a Coordinator and such other staff, as may be necessary for the proper performance of the functions of the Office.

    (3) The Office shall be a public office and accordingly, the provisions of the Public Service Act (Cap. 26:01) shall, with such modifications as may be necessary, apply to the Coordinator and to his or her staff.

5.    Appointment of Coordinator

    (1) There shall be a Coordinator who shall be appointed by the Minister on such terms and conditions as the Minister may determine.

    (2) A person appointed as a Coordinator shall hold office for a five year renewable term or until he or she attains the age of 60 years, whichever is the earlier.

    (3) The Coordinator shall be responsible for the direction and administration of the Office.

6.    Functions of Economic Empowerment Office

    The Office shall be responsible for—

    (a)    the promotion of the economic empowerment of targeted citizens;

    (b)    overseeing and coordinating implementation of the relevant existing economic empowerment laws, policies, initiatives and programmes;

    (c)    ensuring an integrated, coordinated and uniform approach to economic empowerment;

    (d)    ensuring the promotion and facilitation of ownership of income generating activities and assets by targeted citizens;

    (e)    strengthening the ability of a targeted citizen to own, manage and control a private sector enterprise and productive assets;

    (f)    ensuring designation of types of businesses that may be operated by targeted citizens, jointly or in partnerships with foreign owned businesses;

    (g)    ensuring funding for economic empowerment laws, policies, initiatives and programmes;

    (h)    monitoring and measuring implementation of economic empowerment laws, policies, initiatives and programmes;

    (i)    developing and maintaining a comprehensive database on every targeted citizen owned enterprise, targeted citizen and groups of citizens or co-operatives;

    (j)    ensuring a well maintained sector and multi-sector economic empowerment information management systems and intensive information dissemination;

    (k)    developing and supervising an effective mechanism for monitoring trends of economic empowerment activities and for evaluating impact or results;

    (l)    ensuring compliance, fostering accountability as well as ensuring ease of monitoring and evaluation of economic empowerment laws, policies, initiatives and programmes;

    (m)    facilitating enforcement of the economic empowerment laws, policies, initiatives and programmes;

    (n)    continuously reviewing the economic empowerment laws, policies, initiatives and programmes, and advising on required changes to related laws, policies, initiatives and programmes; and

    (o)    advising on any relevant training to be provided to a targeted citizen.

7.    Directions by Minister

    The Minister may give the Coordinator directions of a general or specific nature regarding the exercise of his or her powers in the performance of his or her functions, which directions shall not be inconsistent with this Act, and the Coordinator shall give effect to any such directions.