South Africa

Disaster Management Act, 2002

Small business development: Directions to provide guidance on implementation of the provision of essential goods and services

Government Notice R450 of 2020

Directions issued in terms of Regulation 10(8) of the regulations made under section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002): Measures to prevent and combat the spread of COVID-19I, Ms Khumbudzo Ntshavheni, MP, the Minister of Small Business Development, in terms of regulation 10(8) of the Regulations published in Government Gazette No. 43107, Government Notice No. 318 of 18 March 2020, and made in terms of section 27(2) of the Disaster Management Act, 2002 (Act No. 57 of 2002), hereby issue the Directions set out in the Schedule hereto in order provide guidance on implementation of the provisions of essential goods and services.Ms Khumbudzo Ntshavheni, MPMinister of Small Business Development

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.
1.1These 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.
1.2In 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.
1.3All 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.
1.4The 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:1.4.1All 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;1.4.2No person may stay overnight in a grocery store in contravention of the Food Safety and Health Standards;1.4.3Only the sale of foodstuff and basic necessities is permitted, grocery stores must not sell products or goods that are prohibited by the lockdown Regulations;1.4.4The grocery stores must uphold the health and hygiene requirements by:1.4.4.1Maintaining a social distance amongst customers and between the trader and customer of at least one metre;1.4.4.2Disinfecting and sanitising trading spaces in line with the Directions issued by the Department of Health;1.4.5Spaza 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.


2. Mandatory identification required by staff working during the lockdown period

2.1All staff must at all times carry a permit to perform essential services contemplated regulation 11(B)(3) of the lockdown Regulations.
2.2A stamp or authorised signature on the permit contemplated in regulation 11(B)(3), to perform essential services, is acceptable.All staff must at all times carry a positive photo identification such as an identity document, passport or permit, issued by the Department of Home Affairs.


3. Contact details in the event of small business wishing to clarify their status as rendering essential services or providing essential goods

3.1SMMEs may contact the Department of Small Business Development (DSBD) on 0860 663 7867 for more information or alternatively send their queries to info@dsbd.gov.za.


4.

4.1These Directions come into operation on the date of publication in the Government Gazette.Ms Khumbuazo NtshavheniMinister for Small Business Development


Annexure C Form 1

Permit to perform essential service regulation 11B (3)

Please note that the person to whom the permit is issued must at all times carry a form of identification to be presented together with this permit. If no identification is presented the person to whom the permit is issued will have to return to his or her place of residence during the lockdown.
Surname    
Full names    
Identity number    
Contact details Cell nr Tel nr (w) Tel no (H) Email-address
Physical address of institution        

Hereby certify that:

Surname  
Full names  
Identity number  

Signed at ________________________ on this the ___________ day of ______________ 2020________________________________Signature of Head of InstitutionOfficial stamp of the institution

AttachmentSize
PDF icon 6192.pdf104.23 KB