The Moses Kotane Local Municipality in the North West Province has published a number of by-laws, two of which will most likely impact FEDHASA members operating businesses within its jurisdiction.
The Municipality comprises the following towns (among other smaller towns) – Amahlubi: Bafokeng: Dwarsberg: Madikwe (Town): Mogwase: Moruleng: Phalane: Pilanesberg and immediate surrounds: Sun City and Zwartklip.
The two By-Laws concerned are –
By-Law Relating to Outdoor Advertising and Signage (pages 11 to 19)
Business Regulation and Permit By-Law (pages 28 to 41)
By-Law Relating to Outdoor Advertising and Signage
The By-Law states that – “No person may display, erect, use or continue to use any advertisement, advertising sign or any advertising structure, without first having obtained the written approval of the Council: Provided that the provisions of this Subsection do not apply to any advertisement, advertising sign or advertising structure exempted in terms of Section 9 or Section 53 (references appear to be incorrect)
Unfortunately, the By-Law is somewhat confusing. In addition, there are a number of references concerning provisions, descriptions and attachments that do not appear in the By-Law.
If you are unsure as to the applicability, the requirements, the procedures and or costs in terms of any outdoor advertising and or signage you might have, it is suggested that you contact the Municipality directly.
Contact details –
Postal Private Bag X1011, Mogwase, 0314
No.933, Railway Road, Unit 3, Mogwase, 0314
Tel 014 555 1300 Fax 014 555 6368
Email – customercare@moseskotane.gov.za
Web – https://www.moseskotane.gov.za/
Business Regulation and Permit By-Law
The By-Law requires any person, who operates a business located within the jurisdiction of the Municipality, to apply for a business permit and to renew the permit annually. Applications for the permit must be made within 3 months of the date of publication of this By-Law (published 16th August 2022).
Unfortunately the By-Law is somewhat confusing at times and, in addition, it does not include the various annexures, forms and cost schedules referenced throughout the document (not available on the website either as at 17 Aug 2022). FEDHASA members will need to make contact with the Municipality in order to obtain the missing documentation and any additional information they might require.
NB: Not only is the permit requirement over and above the business registration in terms of the North West Business Licencing Act of 2019 (where it applies), but judging from section 12 of the By-Law, which deals with “Business of sale and supply of foodstuffs, meals and meat”, it is clear that the business permit is in addition to the existing business license required in terms of the Business Act 71 of 1991 as well.
Section 3.1 and 3.2 provides information on the application of the By-Law.
Section 3.3 states – “The specific names and description of business categories and activities referred to herein are listed and specified in Item A of schedule 1 of this by law”.
Unfortunately no schedule has been attached.
In addition the By-Law provides information concerning (amongst others) – application forms; operating permit application requirements; approval of application for operating card permit; renewal of operating card permit; general terms and conditions (many impractical and all but impossible to apply to a hospitality establishment); business of sale and supply of foodstuffs, meals and meat; transitional arrangements; offences and penalties.
To view the published by laws, click below
