Businesses Act, 1991 (Act No. 71 of 1991)

1. Definitions

Purchase

In this Act, unless the context otherwise indicates—

"Administrator"

means an Administrator as defined in the Provincial Government Act, 1986 (Act No. 69 of 1986);

"business"

for the purposes of section 2, means any business referred to in Schedule 1, but excluding a business mentioned in Schedule 2;

"business premises"

in relation to a business referred to in item 1(1) or 2 of Schedule 1, means the premises upon, in or from which the business is or is to be carried on;

"carry on business"

includes the opening or keeping open of any premises for such purpose;

"condition"

in relation to a licence, means a condition imposed under section 2(6)(b) or 2(8)(a) and specified in the relevant licence;

"employee"

means any person employed by or working for any employer and receiving or entitled to receive any remuneration, and any other person whomsoever who in any manner assists in the carrying on or conducting of the business of an employer;

"employer"

means any person whomsoever who employs or provides work for any person and remunerates or expressly or tacitly undertakes to remunerate him, or who permits any person whomsoever in any manner to assist him in the carrying on or conducting of his business;

"foodstuff"

means foodstuff as defined in section 1 of the Foodstuffs, Cosmetics and Disinfectants Act, 1972 (Act No. 54 of 1972);

"hawker's licence"

means a licence to carry on any business referred to in item 3(1) of Schedule 1;

"licence"

in relation to a business, means a licence referred to in section 2(3);

"licence holder"

means a person who is the holder of a licence;

"licensing authority"

means any local authority, or person or body, designated or appointed under section 2 as a licensing authority;

"local authority"

means

(a)	an institution or body referred to in section 84(1)(f) of the Provincial Government Act, 1961 (Act No. 32 of 1961);

(b)	a local government body established by virtue of section 30(2)(a) of the Black Administration Act, 1927 (Act No. 38 of 1927);

(c)	a local authority as defined in section 1(1) of the Black Local Authorities Act, 1982 (Act No. 102 of 1982);

(d)	a Local Development Committee established under section 28A(1) of the Development Act (House of Representatives), 1987 (Act No. 3 of 1987);

(e)	a board of management or board as defined in section 1 of the Rural Areas Act (House of Representatives), 1987 (Act No. 9 of 1987);

(f)	a local council established under section 2 of the Local Councils Act (House of Assembly), 1987 (Act No. 94 of 1987);

(g)	the Local Government Affairs Council established by section 2(1) of the Local Government Affairs Council Act (House of Assembly), 1989 (Act No. 84 of 1989);

"Minister"

means the Minister of Trade and Industry and Tourism, acting after consultation with every Administrator or with the Administrator concerned, as the case may be;

"officer"

means

(a)	a traffic officer appointed under section 3 of the Road Traffic Act, 1989 (Act No. 29 of 1989);

(b)	a member of the Force as defined in section 1 (1) of the Police Act, 1958 (Act No. 7 of 1958);

(c)	a peace officer contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977);

"premises"

includes any land, building, structure, part of a building or of a structure, or any vehicle, conveyance, vessel or aircraft;

"prescribed"

means prescribed by regulation;

"public road"

means a public road as defined in section 1 of the Road Traffic Act, 1989;

"regulation"

means a regulation made by an Administrator under section 6(1) or 6A(4)(a)(i);

"sell"

includes to prepare, process, store, offer or display for sale;

"this Act"

includes a regulation.