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Department of Economic Development, Environment and Tourism Department of Economic Development, Environment and Tourism

Department of Economic Development, Environment and Tourism - PowerPoint Presentation

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Department of Economic Development, Environment and Tourism - PPT Presentation

LEDET LIMPOPO BUSINESS REGISTRATION ACT LIBRA 1 LIMPOPO BUSINESS REGISTRATION ACT LIBRA The Department previously administered Business Regulation in terms of Business Trading Undertaking Acts which were applicable in the former ID: 752841

registration business ledet municipalities business registration municipalities ledet district municipal function libra 2015 act july process limpopo area centre

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Slide1

Department of Economic Development, Environment and Tourism(LEDET)

LIMPOPO BUSINESS REGISTRATION ACT(LIBRA)

1Slide2

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

h

omeland 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 1991Amalgamate existing Business Trading Undertakings legislations in the province

2Slide3

PURPOSE OF THE LEGISLATIONAssign business registration powers to local government (municipalities)

Introduce a prompt, simplified method of business registrationImprove corporate relations between provincial, local government and business sectorEmpower those previously disadvantaged Create a database which will

serve, amongst others,

as an economic research toolPromote 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.)

3Slide4

“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;

27 July 2015

4Slide5

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

27 July 20155Slide6

ASSIGNMENT OF THE FUNCTIONThe 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.

6Slide7

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)7Slide8

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 businessAppoint inspectors to perform the function

Suspend or cancel the registration after granting the certificate holder the opportunity to be heard

8Slide9

Current Application Workflow

27 July 2015

9

5%

90%5%Slide10

ORGANISATIONAL IMPLICATIONSThe 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 4Business Registration Centres in terms of section 6LEDET district offices have been appointed

as Business Registration Centres

with final take-over within the 12 month transitional period, from 1 April 2015Implementation phase of LIBRA terminates on 31 March 2016

10Slide11

PROGRESS11

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)Slide12

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

12Slide13

GENERAL IMPLEMENTATIONCOMMENTSCurrent 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.

13Slide14

GENERAL IMPLEMENTATIONCOMMENTS (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

14Slide15

Capricorn District OfficeBusiness Registration Centre

15

90

Bok Street, Gani House

Polokwane

Telephone: +27 15 297

3839

Municipalities within the jurisdiction area of the

district

Aganang

Blouberg

Lepelle-Nkumpi

Molemole

PolokwaneSlide16

Mopani District OfficeBusiness Registration Centre

Zone A, Old Parliamentary Building, GiyaniTelephone: +27 15 812 0633Municipalities within the jurisdiction area of the district

Ba-Phalaborwa

Greater Giyani

Greater LetabaGreater TzaneenMaruleng27 July 201516Slide17

Waterberg District Office

Business Registration Centre

27 July 2015

17

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

ThabazimbiSlide18

Vhembe District Office

Business Registration Centre

27 July 2015

18

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

ThulamelaSlide19

Sekhukhune District Office

Business Registration Centre

27 July 2015

19

Zone

B, Parliamentary Building

Lebowakgomo

Telephone: +27 15 633

5169

Municipalities within the jurisdiction area of the district

Elias Motswaledi

Ephraim Mogale

Fetakgomo

Makuduthamaga

TubatseSlide20

CONTACT DETAILS27 July 2015

20

 

D. Pelser

Senior Manager; Business RegulationsDepartment 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.zaSlide21

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

21