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
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Department of Economic Development, Environment and Tourism(LEDET)
LIMPOPO BUSINESS REGISTRATION ACT(LIBRA)
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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
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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.)
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“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
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“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.
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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
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Current Application Workflow
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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
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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
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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.
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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
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Capricorn District OfficeBusiness Registration Centre
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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
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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
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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
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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
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