1.Signed on November 18 and October 23, 2009;
Entered into Force on November 18, 2009
WHEREAS Small and Medium Enterprise Administration (hereinafter
referred to as “SMEA”) fully recognizes and appreciates the
role and accountability of Small Enterprise Development Agency
(hereinafter referred to as “Seda”) towards achieving the
objectives and functions stipulated in the National Small
Business Amendment Act 29 of 2004,
WHEREAS Seda fully recognizes and appreciates the role and
accountability of SMEA towards creating an environment
beneficial to the establishment and growth of small and medium
enterprises responsible according to the Small and Medium
Enterprise Development Statute of 1991,
SMEA and Seda (hereinafter referred to as “the Parties”) agree
Objectives of Cooperation
1. SMEA has agreed to make available its technical expertise,
resources and training programmes to support Seda in
developing South African Small Enterprises.
This would be done, but not limited to, assisting Seda’s
Learning Academy to develop the skills of Seda practitioners.
SMEA has agreed to partner with Seda’s Learning Academy to
jointly coordinate the “international Best Practice Exposure
Programme: Learning from the Taiwan Experience” course in
Seda has agreed to accept the technical support subject to
the conditions stipulated hereinafter and also as outlined in
Annexure A of this Memorandum of Agreement.
(1) shall liaise closely with Seda and the Taipei Liaison
Office in the Republic of South Africa in support of
(2) will designate China Youth Career Development Association
Headquarters (hereinafter referred to as “CYCDA”) as the
contact window to invoice Seda for the costs incurred in
the delivery of programmes substantiated with relevant
documentation. Costs will be limited to venues, lunch,
refreshments, and facilitation fees in Taiwan.
(3) shall provide technical and logistical support in various
phases of the programme as stated in Annexure A.
(1) shall liaise closely with the Taipei Liaison Office in the
Republic of South Africa and SMEA in the design and
implementation of programmes,
(2) shall be responsible for the cost of the programme for its
(3) will ensure that participants comply with Taiwanese rule of
(4) will be responsible for ensuring that the participants have
valid travel documents and visas,
(5) will be responsible for ensuring that the participants have
complied with medical/health requirements,
(6) will ensure that all participants return to South Africa
upon completion of the course,
7. shall make payment to CYCDA in terms of the Project Budget
and Payment Schedule attached hereto as Annexure B.
This Memorandum of Agreement shall enter into force upon the
later signature and shall remain in force for a period of three
years and shall be automatically extended for another three
years, if neither Party gives a written notice six months in
advance to terminate.
This Memorandum of Agreement shall be governed and interpreted
in accordance with the laws of Taiwan.
Vis Major and Casus Fortuitus
Neither SMEA nor Seda shall be liable in any way for failure to
implement their respective obligations under this Memorandum of
Agreement if the failure is due to causes beyond the reasonable
control of the Party.
Any amendment to this Memorandum of Agreement agreed upon by the
Parties shall be done by an exchange of letters between them.
Signed in duplicate in the Chinese and English languages. Both
versions are equally authentic. In case of any divergence of
interpretation, the English version shall prevail.
Definitions and Interpretation
The following terms shall have the meanings assigned to them
hereunder and cognate expressions shall have corresponding
(1) “Act”The National Small Business Act No.102 of 1996 (as
amended by the National Small Business Amendment Act No. 26
of 2003 and the National Small Business Amendment Act No.
29 of 2004);
(2) “effective date” The date of signature of this agreement
by the last party or such other date as may be agreed to by
(3) “MOA” Th e wr i t t e n Memo r a n d um o f Agreement
concluded and signed by the Parties
(4) “Programme” Refers to the “International Best Practice
Exposure Programme; Learning from Taiwan’s Experience”
(5) “Parties”smea and seda;
(6) “Seda”The Small Enterprise Development Agency, the
Department of Trade and Industry’s agency for supporting
small business in South Africa, established in December
2004 in accordance with the Act;
(7) “South Africa”The Republic of South Africa”
(8) “SMMEs” Means Small, Micro and Medium Enterprises;
In witness whereof, the undersigned, being duly authorized, have
signed this Memorandum of Agreement.
Signed at Taipei this Twenty-third Day of October, 2009
Duly represented herein by Sun-Quae LAI in his capacity as
Director General being duly authorized thereto
Signature: Sun-Quae LAI
Ti FU, Representative, Taipei Liaison Office in the
Republic of South Africa
Signature: Ti FU
Signed at Pretoria this 18th Day of November 2009
Duly represented herein by Charles Anthony WYETH
in his capacity as Chief Operations Officer being duly
Signature: Charles Anthony WYETH
Petrus MEYER, Representative, Liaison Office of the
Republic of South Africa
Signature: Petrus MEYER