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Disaster Management Act, 2002 (Act No. 57 of 2002)

Notices

Small Business Development on implementation of provisions relating to essential services

1. Definitions

 

In these Directions, a word or expression bears the meaning assigned to it in the Regulations promulgated in Government Gazette No. 43107, Government Notice No.R318 of 18 March 2020 and in the Regulations promulgated in Government Gazette No. 43148, Government Notice No.398 of 25 March 2020, in terms of section 27(2) of the Disaster Management Act, 2002, and unless the context otherwise indicates—

 

"lockdown Regulations"

means the regulations published in Government Gazette No. 43148, Government Notice No.398 of 25 March 2020

 

1.1 These Directions are issued in order to assist SMMEs operating grocery stores including the corner shops, spaza shops, fruit and vegetable stores, to comply with the lockdown Regulations. The Informal Food Traders as referred to in the Regulations are limited to Fruit and Vegetable informal traders and the Langanas, who operate in the Northern Cape and Western Cape.

 

1.2 In terms of the lockdown Regulations, all enterprises operating within the borders of the Republic of South Africa are expected to close during the lockdown period except for enterprises which are designated as providers of essential goods and services as per Annexure B to the lockdown Regulations.

 

1.3 All enterprises must ensure that the absolute minimum number of staff necessary to safely operate the enterprises are at work during the lockdown period. Furthermore, employers are encouraged to provide transport for their employees during the lockdown period.

 

1.4 The grocery stores outlined in paragraph 1.1 above are permitted to operate during the lockdown period irrespective of the nationality of their owners provided that they adhere to the following:
1.4.1 All spaza shop owners and informal food traders must hold permits issued by their respective local municipalities allowing them to trade, in line with the provisions of the Business Act, 71 of 1991 as amended;
1.4.2 No person may stay overnight in a grocery store in contravention of the Food Safety and Health Standards;
1.4.3 Only the sale of foodstuff and basic necessities is permitted, grocery stores must not sell products or goods that are prohibited by the lockdown Regulations;
1.4.4 The grocery stores must uphold the health and hygiene requirements by:
1.4.4.1 Maintaining a social distance amongst customers and between the trader and customer of at least one metre;
1.4.4.2 Disinfecting and sanitising trading spaces in line with the Directions issued by the Department of Health;
1.4.5 Spaza shop owners and informal food traders currently trading without permits may apply for temporary permits, and in case of non-South African citizens, the business owner—
(a) must have been lawfully admitted into the Republic and must hold a valid passport with a visa issued by the Department of Home Affairs in terms of section 10 of the Immigration Act, 2002 (Act No. 13 of 2002), authorising him or her to operate a business; or
(b) must alternatively, hold an asylum seeker's permit issued in terms of section 22 of the Refugees Act, 1998 (Act No. 130 of 1998), which allows him or her to work. Permission to operate will be linked to the period covered by the asylum seeker's permit.