LIMPOPO BUSINESS REGISTRATION ACT LIBRA Department of Economic

LIMPOPO BUSINESS REGISTRATION ACT (LIBRA) Department of Economic Development, Environment and Tourism (LEDET) 1

LIMPOPO BUSINESS REGISTRATION ACT (LIBRA) • The Department previously administered Business Regulation in terms of Business Trading Undertaking Act’s which were applicable in the former homeland territorial Governments (Venda / Gazankulu / Lebowa) • LEDET enacted the Limpopo Business Registration Act to: – Repeal all Business Trading Undertakings Act’s in the Province, inclusive of the DTI Act 71 of 1991 – Amalgamate existing Business Trading Undertakings legislations in the province 2

PURPOSE OF THE LEGISLATION § Assign business registration powers to local government § § § (municipalities) Introduce a prompt, simplified method of business registration Improve corporate relations between provincial, local government and business sector Empower those previously disadvantaged Create a database which will serve, amongst others, as an economic research tool Promote trading activity in the Province NOTE: Information for economic planning purposes and normalising the Limpopo business environment iro municipal requirements (land use, building codes, health and safety, zoning, ect. ) 3

“BUSINESS” • Means the selling, hiring out, repairing, servicing or rendering of, or other dealing in, goods or services, or the provision of any facilities, as a commercial activity of a continuing nature and includes acting as a commercial agent or a commission agent; 25 October 2020 4

“BUSINESS PREMISES” • In relation to a business, means the premises upon which or from where the business is to be carried on; 25 October 2020 5

ASSIGNMENT OF THE FUNCTION • The MEC, LEDET may in consultation with the MEC responsible for COGHSTA, designate a Municipality as a Business Registration Centre • The MEC may in terms of section 126 of the Constitution by way of an agreement with the Municipal Councils, assign the function of business registration to Municipalities. 6

ASSIGNMENT OF THE FUNCTION (Cont. …. ) • In terms of the Constitution of South Africa, 1996 local Municipalities have a legal mandate to perform functions that are listed in schedule 4 and 5, read with sections 155 and 156(1) “Trading Regulations” , “Street Trading” , “Markets” “Licensing and undertakings that sell food to the public” (DTI Act 71 of 1991) 7

Powers & Duties of Business Registration Centres (Municipalities) • Consider applications for registration of • • • businesses Consider representations made by a person applying for the registration of a business Appoint inspectors to perform the function Suspend or cancel the registration after granting the certificate holder the opportunity to be heard 8

Current Application Workflow 5% 90% 5% LEDET Municipality LEDET Receipt of Application Evaluation of Application(Landuse/zoning/building codes/health an safety/by laws/traffic safety/etc. ). Provides an all inclusive municipal recommendation to LEDET Issue or decline LIBRA permit, dependent on Municipal recommen dation 25 October 2020 9

ORGANISATIONAL IMPLICATIONS • The infrastructure, subject to the provision of the Act, is as follows: • The Limpopo Directorate of Business Registration established within LEDET and the appointment of a Business Regulator in terms of section 4 • Business Registration Centres in terms of section 6 • LEDET district offices have been appointed as Business Registration Centres with final take-over within the 12 month transitional period, from 1 April 2015 • Implementation phase of LIBRA terminates on 31 March 2016 10

PROGRESS • Consultative meetings were held with all 25 local • • • municipalities during March / April 2014 to determine their willingness and capacity to implement the LIBRA Act and take over the function (Consultations with LED, municipal managers) Meetings were again held in 2015 to have municipalities take over the function and responsibility All Local Municipalities expressed their willingness to take over the function. Take-over to be within the 12 month transitional process. Makuduthamaga Municipality have formally requested to take over LIBRA (Evaluation in process) 11

PROGRESS (Cont. …. ) • The business registration revenue has been finalised • • with Treasury approval in that all revenue generated by municipalities will accrue to the municipality issuing a permit in their area of jurisdiction, as soon as they are assigned with the function. Legal issue iro registration of businesses already registered has been finalised (November 2014). LEDET district offices have been appointed as business registration centres as from 1 April 2015. The current municipal consideration process remains the same. Revenue is accrued to LEDET until take over has been finalised 12

GENERAL IMPLEMENTATION COMMENTS • Current municipal consideration process remains the same, with • • municipal recommendation and permit approval by LEDET. Municipalities have full control when assignment and implementation is finalised, with permit approval by the municipality. By-Laws at municipal level (25 examples) (To consider municipal By-Law task team to coordinate similar approach with municipal specific additions) LIBRA implementation process and functioning thereof similar of nature in all municipalities. Best practices approach to be followed Change to fee structure (Increase of fees once a year after consultation). Also additional businesses to be registered. 13

GENERAL IMPLEMENTATION COMMENTS (Cont. …. ) • Legislation not static and should adapt to the environment. Change • • to Act / Regulations (* Conditional approval) Municipalities should apply to LEDET to take over the functioning of LIBRA as soon as possible. LEDET is ready to assign the function • Letter of request indicating that the specific municipality is ready to take over the function and implementation, public participation process, Current tools to regulate business trade (during implementation process and by-law establishment) • By-Laws, building codes, land use, zoning, road safety, fire and health safety, Home Affairs permits, municipal regulatory processes 14

Capricorn District Office Business Registration Centre 90 Bok Street, Gani House Polokwane Telephone: +27 15 297 3839 Municipalities within the jurisdiction area of the district § Aganang § Blouberg § Lepelle-Nkumpi § Molemole § Polokwane 15

Mopani District Office Business Registration Centre Zone A, Old Parliamentary Building, Giyani Telephone: +27 15 812 0633 Municipalities within the jurisdiction area of the district • Ba-Phalaborwa • Greater Giyani • Greater Letaba • Greater Tzaneen • Maruleng 25 October 2020 16

Waterberg District Office Business Registration Centre Cnr Thabo Mbeki & Limpopo Street 84 NTK Building, Modimolle Telephone: +27 14 714 1055 / 5383 Municipalities within the jurisdiction area of the district Bela-Bela Lephalale Modimolle Mogalakwena Mookgopong Thabazimbi 25 October 2020 17

Vhembe District Office Business Registration Centre 2 nd Floor Block F, Old Parliamentary Building, Thohoyandou Telephone: +27 15 962 4722 -27/6047 Municipalities within the jurisdiction area of the district Makhado Musina Mutale Thulamela 25 October 2020 18

Sekhukhune District Office Business Registration Centre Zone B, Parliamentary Building Lebowakgomo Telephone: +27 15 633 5169 Municipalities within the jurisdiction area of the district Elias Motswaledi Ephraim Mogale Fetakgomo Makuduthamaga Tubatse 25 October 2020 19

CONTACT DETAILS D. Pelser Senior Manager; Business Regulations Department of Economic Development, Environment and Tourism, Limpopo (LEDET) 083 625 9992 / Fax. 015 295 5740 / Tel. 015 293 8509 / 015 293 8300 pelserdp@ledet. gov. za Web. www. ledet. gov. za 25 October 2020 20

LIBRA Thank you for your time and support with the implementation of LIBRA 21