Gauteng Township Economic Development Act, 2022
Act 2 of 2022
- Published in Gauteng Provincial Gazette no. 174 on 26 May 2022
- Assented to on 29 April 2022
- Not commenced
- [This is the version of this document from 26 May 2022.]
1. DefinitionsIn this Act, unless the context indicates otherwise—"By Law" means: legislation passed by the council of a municipality binding in the municipality on the persons to whom it applies;"co-operative" means a co-operative registered in terms of section 7 of the Co-operatives Act, 2005 (Act No. 14 of 2005);"Constitution" means the Constitution of the Republic of South Africa, 1996;"Department" means the Department responsible for economic affairs in the Province;"enterprise" means—(a)an undertaking or a business concern, whether formal or informal, which is engaged in the production of goods or provision of services; and(b)includes an entrepreneur; and(c)a small enterprise, a small enterprise organisation and a co-operative"entrepreneur" means a person who starts and operates a business, which includes identifying opportunities in the markets, taking risks with a view of being rewarded with profits;"Executive Council" means the Executive Council of the Province contemplated in section 132 of the Constitution;"Licencing Authority": means a local or metropolitan municipality as defined in Section 1 of the Municipal Structures Act 117 of 1998 (As amended) and provincial organ of state or competent authority enabled by legislation to issue, renew or revoke a licence."Municipality": is a geographic area, a municipal area determined in terms of the Local Government: Municipal Demarcation Act, 1998 (Act No. 27 of 1998) and an organ of state within the local sphere of government exercising legislative and executive authority within an area determined in terms of the 25 Local Government: Municipal Demarcation Act, 1998."Organised local government" means an organisation recognised in terms of section 2(1) of the Organised Local Government Act, 1997 (Act No. 52 of 1997), to represent local government nationally or provincially."provincial organ of state" means—(a)a provincial department as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999);(b)a provincial public entity as defined in section 1 of the Public Finance Management Act, 1999 (Act No. 1 of 1999); or(c)the Provincial Legislature;"persons with disabilities" has the meaning assigned to the phrase in section 1 of the Employment Equity Act, 1998 (Act No. 55 of 1998);"prescribe" means to prescribe by regulation and "prescribed" has the corresponding meaning;"Province" means the Province of Gauteng referred to in section 103(1)(c) of the Constitution;"Provincial Gazette" means the Provincial Gazette of the Province of Gauteng as published by the Government Printer;"Provincial Legislature" means the Provincial Legislature of the Province of Gauteng referred to in section 104 of the Constitution;"Republic" means the Republic of South Africa referred to in section 1 of the Constitution:"responsible Member" means the Member of the Executive Council responsible for matters related to economic affairs in the Province;"small enterprise" means a separate and distinct business entity, together with its branches or subsidiaries, if any, including a co-operative enterprise, managed by one owner or more, predominantly carried on in any sector or subsector of the economy mentioned in column 1 of the Schedule and classified as a micro, small or medium enterprise by satisfying the criteria mentioned in columns 3 and 4 of the Schedule to the National Small Enterprise Act, 1999 (Act No. 102 of 1996);"small enterprise organisation" means any entity, whether or not incorporated or registered under any law, consisting mainly of persons carrying on small enterprise concerns in any economic sector and established for the purpose of promoting the interests of, or representing, small enterprise concerns, and includes any federation consisting wholly or partly of such association, and any branch of such organisation;"this Act" includes any regulation made in terms of or under this Act;"township" means an area contemplated in section 6, and includes an urban, peri-urban or rural living area which—(a)at any time from the late 19th century until 27 April 1994, was reserved for Black, Coloured, or Indian people; or(b)has been developed for historically disadvantaged persons after 27 April 1994; or(c)has become predominantly occupied by historically disadvantaged people; and(d)is currently an economically deprived area;"township-based enterprise" means a small enterprise, small enterprise organisations and co-operatives which is based or situated in a township designated in terms of section 6"Township Economy" refers to enterprises and markets based in the townships. These are enterprises operated by township entrepreneurs to meet primarily the needs of township communities and therefore can be understood a 'township enterprises' as distinguished from those operated by entrepreneurs outside the townships.
2. Guiding principles
3. Object of ActThe object of this Act is to—
4. Application of ActThis Act applies to every organ of state and, subject to section 39, every municipality within the Province.
5. Non-derogation from and conflict with, other law
Designation of township enterprise zones
6. Designation of township area
Licensing of township-based enterprises
7. Licensing of township-based enterprises
8. Display or licencesWhere a licence is issued in respect of any premises, the licence holder must ensure that such licence is displayed at all times in a prominent position on such premises or be able to provide digital proof of the licence.
Promotion and development of township-based enterprises
Part I – Role of responsible Member and other organs of state
9. Policies and programme by responsible Member
10. Plans and strategies by provincial organs of state
Part II – Benefits and incentives for township-based enterprise
11. Financial assistanceA provincial organ of state may within its available resources, in order to facilitate the flow of financial resources to sector township-based enterprises—
12. Development of infrastructureA provincial organ of state must take reasonable measures to facilitate the provision of suitable infrastructure, including worksites, social amenities, business information centres, model centres of excellence, common usage facilities and other facilities, necessary for development of sector township-based enterprises.
13. Industrial and commercial estatesA provincial organ of state must, on such terms and conditions as may be agreed, assist sector township-based enterprises with the provision of buildings, land or premises on which township enterprises may undertake designated business activities.
14. Letting of buildings or premisesThe Gauteng Department of Infrastructure Development must assist a provincial organ of state, on such terms and conditions as may be agreed upon, to enter into an agreement with any person, institution, organisation or company, to let out any building or premises for use by sector township-based enterprises as an industrial or commercial estate for—
15. Capacity building programmesA provincial organ of state must, in partnership with the public and private training institutions, as the provincial organ of state may deem necessary—
16. Development of markets and provision of marketing services
17. Technology transfer or acquisitionA provincial organ of state must, in order to promote technology transfer, acquisition and adaptation of new and modern technology—
Township Enterprise Fund
18. Establishment of the Township Enterprise FundEstablished a Fund to be known as the Township Enterprise Fund which will reside within the Gauteng Enterprise Propeller and be governed by the provisions of the Gauteng Enterprise Propeller Act (Act No.5 of 2005).
19. Purpose of Fund
20. Funds of the Fund
21. Management or Fund
22. Accessing the Fund
23. Application of Act to municipalities within Province
24. Township economic development by-laws
25. RegulationsThe responsible Member must within six mouths of commencement of this Act, make regulations on;
27. Collaboration among organs or stateOrgans of state may collaborate amongst themselves in discharging their individual obligations in order to achieve the objects of this Act.
28. Amendment of lawsThe laws mentioned in Schedule 2 are hereby amended to the extent provided for in that Schedule.
29. Short title and commencement
History of this document
26 May 2022 this version
Published in Gauteng Provincial Gazette number 174
29 April 2022