City of Cape Town: Draft Amendment to the Informal Trading By-Law, 2009.
May 2013
General Explanatory Note:
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Words in bold type in square brackets indicate omissions from the existing enactments.
_____ Words underlined with solid line indicate insertions in existing enactments.
To amend the provisions in the City of Cape Town: Informal Trading By-law, 2009, so as to insert
definitions, make and amend provisions to the permit criteria, to make further provisions for
public health and safety; and make amendments to matters connected with law enforcement and
events
BE IT ENACTED by the Council of the City of Cape Town, as follows: -
Amendment of section 8 of the City of Cape Town: Informal Trading By-law, 2009
1. Section 8 of the City of Cape Town: Informal Trading By-law, 2009 (hereinafter referred to as
the principal By-law) is hereby amended –
a) By the insertion of the following phrase in sub-section 8.4.1
“must be, or desire to become, an informal trader”;
b) By the deletion and insertion of the following in sub-section 8.4.4:
“Must not employ and actively utilise the services of more than [20 (twenty)] 5 (five)
persons.”
c) Insert in section 8.5
“Preference will be given to applicants who reside in or close to the trading area for
which the permit is applied “
d) Insert in section 8.5
“Consideration shall be given to new traders to the City database”
e) Insert in section 8.5
“Only one bay will be allocated per trader per trading area”
f)
Insert in section 8.5
“Preference will be given to traders who do not trade in any other trading area”
g) Insert in section 8.5
“Preference will be given to locally produced goods”
h) Remove the paragraph sub-section 8.5.7
“[whether the applicant has in terms of this By-law, been convicted of an offence
and/or had a permit revoked or suspended;]”
i)
Remove the paragraph sub-section 8.5.8
“[whether the applicant is a suitable person to carry on the lawful business
at the allocated site, whether by reason of his character, having regard to any
conviction recorded against him, or his previous conduct for any reason];”
j)
Remove the following clause from sub section 8.6.5
“suspend a permit for a special event on reasonable prior notice [where practicable to
the informal trader,] with no compensation payable to the informal trader,
notwithstanding that informal trading may be permitted by the City at the special event
in terms of section 14;”
k) Insert in section 8.6
“New applicants will be required to undergo an information session regarding the
informal trading policy and by-law”
l)
Amend in section 8.6.6
“on reasonable prior notice, provided that two written warnings have been issued, to
the informal trader and after affording the relevant informal trader an opportunity to
make written representations, revoke or suspend a permit in the event of an informal
trader”
m) Remove the paragraph in sub-section 8.664
“[being found to be unsuitable as contemplated in section 8.5.8 with the necessary
changes required by the context.]”
Amendment of section 9 of the City of Cape Town: Informal Trading By-law, 2009
a) Amend in section 9. 2
“Is incapable to trade as result of pregnancy or child-care duties”
Amendment of section 13 of the City of Cape Town: Informal Trading By-law, 2009
a) Amend section 13.1 to insert:
“In the event of the sale of prepared foodstuffs, a certificate of acceptability shall be
obtained from the relevant authority”
Amendment of section 18 of the City of Cape Town: Informal Trading By-law, 2009
a) Amend in section 18
“In the event of a person continuing or repeating a contravention in respect of which [a] two
(2) written warnings ha[s]ve already been issued to that person, then an officer may
impound, in the case of an informal trader, any property used by the informal trader in
conducting the informal trade, and in the case of any other person, any property, including
but not limited to, goods, equipment, structures and motor vehicles, in which case the
officer must-“