South Africa
Local Government: Municipal Systems Act, 2000
Standard Draft By-Law for township economies, 2024
General Notice 2826 of 2024
- Published in Government Gazette 51529 on 7 November 2024
- Assented to on 4 November 2024
- Commenced on 7 November 2024
- [This is the version of this document from 7 November 2024.]
1. Definitions
In this Standard Draft By-Law, a word or expression to which a meaning has been assigned in the Act, bears the meaning so assigned and, unless the context otherwise indicates—"authorised official" means an employee of the municipality who is duly responsible for carrying out any duty or function or exercising any power in terms of this Standard Draft By-Law and includes—(a)a law enforcement officer declared to be a peace officer in terms of section 334(1)(a) of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); and(b)any other employee delegated or person authorised to carry out or exercise the duty, function or power;"business" means an entrepreneurial undertaking, or a business concern, whether formal (registered) or informal (unregistered), which is engaged in the production of goods or provision of services or sale of goods, undertaken by an entrepreneur or an enterprise, an enterprise organisation or a co-operative as categorised in the National Small Business Act;"Businesses Act" means the Businesses Act, 1991 (Act No. 71 of 1991);"business activity" means the selling of goods, or the supplying or offering to supply a service for remuneration;“business licence” means a licence or permit issued by a local government that allows an individual or company to conduct business within the government's geographical jurisdiction;“foreigner” means an individual who is neither a South African citizen, nor a permanent resident, but is not an illegal foreigner in terms of the Immigration Act, 2002 (Act No. 13 of 2002);"goods" means a product marketed for human use or consumption;"illegal goods" means—(a)goods which may not have been lawfully acquired or disposed of;(b)goods that are prohibited from sale or distribution under any applicable national, provincial, or municipal law;(c)counterfeit goods as defined in the Counterfeit Goods Act, 1997 (Act No. 37 of 1997);(d)goods that are required to be, but have not been, imported or produced in terms of the provisions of the Customs and Excise Act, 1964 (Act No. 91 of 1964);(e)stolen goods; or(f)goods that do not meet mandatory safety or quality standards as prescribed by relevant legislation;"litter" includes a receptacle, container, or other matter, which has been discarded, abandoned, or left behind, by a street trader, or by his or her customers;“Minister” means the Minister responsible for local government;"municipal council" means a municipal council referred to in section 157(1) of the Constitution;"municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act, as the head of administration of the municipality;“Municipal Systems Act” means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000);"nuisance" means conduct or behaviour by a person, an organisation, business or institution or the use, keeping, producing, by-producing, harbouring or conveying, as the case may be, of any item, substance, matter, material, equipment, tool, plant or animal or causing or creating a situation or condition in or on private property or in a public place or anywhere in a municipality which causes damage, annoyance, inconvenience, noise pollution or discomfort to the public or to a person, in the exercise of rights common to all or of a person;“National Road Traffic Act” means the National Road Traffic Act, 1996 (Act No. 93 of 1996);"obstruct" means to do anything which blocks or is likely to block vehicular or pedestrian traffic flow on a public road or private road, open or public space or private space;“PAIA” means the Promotion of Access to Information Act, 2000 (Act No. 2 of 2000);"public monument" means any one of the "public monuments and memorials", as defined in section 2 of the National Heritage Resources Act, 1999 (Act No. 25 of 1999);"public place" means a building, square, park, recreation ground or open space to which the public has the right of access, or which is shown on a general plan or land use scheme of a township filed in the deeds registry, Surveyor-General’s office or a municipality, and has been provided for the use of the public or the owners of erven in such township;"public road" means a public road as defined in section 1 of the National Road Traffic Act;"sell" means exchange, offer, display, deliver, supply or dispose of, for sale or authorise, direct or allow a sale;“services” means activities or value created, generated or performed for human consumption;"sidewalk" means a sidewalk as defined in section 1 of the National Road Traffic Act;“Spatial Planning and Land Use Management Act” means the Spatial Planning and Land Use Management Act, 2013 (Act No. 16 of 2013);“townships” means residential townships where only the most basic amenities and infrastructure are provided which were initially established during the Colonial and Apartheid eras for occupation by Black South Africans on the outskirts of towns and cities and now also include newly created residential townships, in and on the outskirts of towns and cities, which have been created as a result of South Africa’s history; and“township economies” means business activities (formal or informal) undertaken in townships.2. Objectives
The objects of this by-law is to—3. Freedom to engage in business activities
4. Designated business areas and sites
5. Issuing of permits
6. Proactive steps to be undertaken by municipality
A municipality must perform its functions and exercise its powers to—7. Registration and permitting of business activities
8. Transferability of permit
9. Prohibitions and restrictions
10. Hygiene and waste removal
11. Restricted and prohibited areas
12. Offences and penalties
13. Appeals
14. Enforcement of by-law
15. Amendment of by-laws and transitional measures
Once approved, the municipality must consider the impact of this by-law on all other by-laws and must amend sections that conflict with the provisions of this by-law or amend the applicable by-laws to be in line with the provisions of this by-law.History of this document
07 November 2024 this version
Commenced
04 November 2024
Assented to
Cited documents 12
Act 12
1. | Constitution of the Republic of South Africa, 1996 | 12325 citations |
2. | Local Government: Municipal Systems Act, 2000 | 4621 citations |
3. | Criminal Procedure Act, 1977 | 4009 citations |
4. | Spatial Planning and Land use Management Act, 2013 | 3426 citations |
5. | Promotion of Access to Information Act, 2000 | 1760 citations |
6. | National Road Traffic Act, 1996 | 1748 citations |
7. | Customs and Excise Act, 1964 | 1079 citations |
8. | National Heritage Resources Act, 1999 | 731 citations |
9. | Businesses Act, 1991 | 507 citations |
10. | Protection of Personal Information Act, 2013 | 331 citations |