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For those trading illegally, please explain what is a business trade license?
A business trade license is a legal document that gives permission to the business to trade in accordance with the type of business they are running. This document also confirms that the business is legal and compliant in terms of the Businesses Act 71 of 1991, Mpumalanga Business Act 2, of 1996 and all applicable ELM Business Trade and Control By-laws of 2023.
- Why do I need a business trade license?
It is a statutory requirement, in terms of the Businesses Act, 1991 (Act No. 71 of 1991), Mpumalanga Business, 1996 (Act No. 2 of 1996), ELM Business Trade and Control By-laws, 2023, provides that no person may conduct a business without a business trade license. It is important for the public to comply with this legislation so that measures are in place to safeguard both the business owner and consumers. The licensing process requires approval from Environmental and Waste Management, Development and Planning, Environmental Health, Fire and Emergency Services, Technical Services, and Building Control.
Development Planning: Proof of land Use Rights/Municipal Approval
Environmental and Waste Management: Business Trade License
Community Services (Fire Department): Fire Compliance Certificate
Technical Services (Electrical Department): Certificate of Compliance (COC)
Nkangala District Municipality: Certificate of Acceptability (COA)
Building Control: Approval of Building Plans
- How to get a business trade license or renew a business trade license?
You can collect Application Registration Forms physically through the Environmental & Waste Management Office and once completed the application forms can be submitted personally at the Municipality.
- How can I renew my business trade license?
By visiting the Environmental & Waste Management Office, Emalahleni Local Municipality Offices, Main Building, third Floor, Corner Arras & Mandela Street. There are prescribed registration/ renewal forms that must be completed and submitted with the requisite documents to be attached.
- What will happen if I do not renew my business trade license?
The previously issued Licence would expire (i.e after 12months of the date of issue). The business will be closed, and the owner of the business will be issued with a fine of Three thousand rands (R3 000) and or imprisonment if prosecuted.
- What are the supporting documents required that must accompany a Business Trade License Application Form?
The following documents must accompany each application form when submitted:
- Certified copy of a valid South African ID document.
- Certified copy of a valid passport with visa authorising to operate a business (non-SA citizens).
- Certified copy of asylum seekers permits which allows him or her to work (non-SA citizens).
- Appropriate Zoning Certificate or Letter of Approval from the Municipality.
- Certified copy of registration with the Companies and Intellectual Property Commission (CIPC), and the South African Revenue Service (SARS).
- Original proof of residence.
- Proof of property ownership.
- Proof of Banking Account.
- Certificate of Acceptability (COA) by Nkangala District Municipality.
- Fire Compliance Certificate by Emalahleni Local Municipality, Fire department.
- Consent of affected adjacent owners (if business operates in a residential area)
- How much does it cost to renew my business trade license?
The renewal of a business licence is One thousand two hundred and sixteen rands and seventy-one cents (R1216.71) (subject to Municipal Annual Tariff increase).
- How long does a business trade license last for?
Business Trade Licenses are valid for a period of twelve (12) months upon the date of being issued and such renewable annually or as long as the business is in operation, and it is still compliant with relevant legislations and By-Laws. It will get cancelled when a license holder vacates the premises or when the business change hands.
- What are the different types of businesses that are licensed by the Municipality?
Under Mpumalanga Business Act 2, of 1996 and all applicable ELM Business Trade and Control By-laws of 2023, the following businesses must be licensed:
- Grocery shops including spaza/ tuck shops
- Restaurants (Sit in & take away)
- Hair and Beauty Salons
- Cosmetology (Massage Parlors, Spas, Skin Care)
- Gaming and Entertainment arcade/shops
- Escorts
- Night Clubs/Discotheque
- Casino
- Cinema
- Dry Cleaners and Laundromat
- Panel Beaters & Spray Booths
- Mechanical Workshops
- Warehouses
- Resorts
- Boarding Houses
- Second-hand Good Dealer and Scrap Yards
- How much is the Application Fee for a new Business Trade License?
Two thousand three hundred and nineteen rands and eighty-four cents (R2319.84)
- How much is the Annual Renewal Fees for a Business Trade License?
One thousand two hundred and sixteen rands and seventy-one cents (R1216.71)
- What it is the role of Emalahleni Local Municipality Business Trade Licensing Office?
- Provide the efficient licensing and administration function for business license applications, for food businesses, entertainment and/or health facility and accommodation establishments.
- Monitoring and enforcing compliance of the businesses with the provisions of the Businesses Act and all applicable ELM Business Trade and Control By-laws of 2023.
NB: IT IS ILLEGAL FOR SOUTH AFRICAN CITIZENS TO REGISTER BUSINESSES ON BEHALF OF FOREIGN NATIONALS WETHER ILLEGALLY OR LEGAL IN THE COUNTRY.
SAY NO TO ‘FRONTING’ AND BE A RESPONSIBLE CITIZEN!!!!!!!!!