CHAPTER 43:02
TRADE

ARRANGEMENT OF SECTIONS

    SECTION

PART I
Preliminary Provisions

    1.    Short title

    2.    Interpretation

PART II
Functions and Powers of Director

    3.    Functions and powers of Director

    4.    Licensing and registration of business

PART III
Licensing of Trade or Business

    5.    Trade or business requiring trading licence

    6.    Trade or business with health and safety concerns

    7.    Trade or business standards, codes or guidelines

    8.    Preconditions on issue of trading licence and business registration certificate

    9.    Issue and duration of trading licence

    10.    Transfer of trading licence and business registration certificate

    11.    Suspension of trading licence and business registration certificate

    12.    Revocation of trading licence and business registration certificate

PART IV
Registration of Trade or Business

    13.    Requirement to register trade or business

    14.    Registration of trade or business

    15.    Privileges of registration

PART V
Applications for Licensing and Registration

    16.    Application for trading licence or business registration certificate

    17.    Certain trades and businesses reserved for citizens

    18.    Proof of shareholding

    19.    Issue of duplicate licence or business registration certificate

    20.    Conversant person to manage trade or business

PART VI
Supervision and Enforcement

    21.    Supervision by Director

    22.    Authorised officers

    23.    Premises posing danger to health and safety

    24.    Shutdown of trade or business on inspection

    25.    Breach of peace

    26.    Display of trading licence or business registration certificate

    27.    Investigation by Director

    28.    Search of premises

    29.    Search warrant

PART VII
Establishment of Regional Appeals Board

    30.    Establishment of Regional Appeals Board

    31.    Disqualification from appointment

    32.    Vacation of office

    33.    Suspension of member

    34.    Removal from office by Minister

    35.    Filling of vacancies

    36.    Appeals

PART VIII
Secretariat of Board

    37.    Secretariat

    38.    Functions of Secretariat

    39.    Disclosure of interest

    40.    Confidentiality

PART IX
General Provisions

    41.    Minister's powers

    42.    Trade or business restrictions

    43.    Offences and penalties

    44.    Regulations

    45.    Repeal and savings

    46.    Transitional provisions

Act 25, 2019,
S.I. 80, 2020.

An Act to simplify trade licensing procedures; to empower the Director responsible for domestic trade, through the council, to issue trade licences and register trades and businesses within the council area; and for matters incidental thereto.

[Date of Commencement: 1st June, 2020]

PART I
Preliminary Provisions (ss 1-2)

1.    Short title

    This Act may be cited as the Trade Act.

2.    Interpretation

    In this Act, unless the context otherwise requires—

    "authorised officer" means a person appointed as an authorised officer in terms of section 22;

    "Authority" has the meaning assigned to it under the Companies and Intellectual Property Authority Act (Cap. 42:13);

    "Board" means a Regional Appeals Board established under section 30;

    "business registration certificate" means a business registration certificate issued in terms of section 14;

    "council" has the meaning assigned to it under the Local Government Act (Cap. 40:01);

    "Director" means the Director responsible for domestic trade or any person to whom the Director has delegated his or her powers in accordance with section 3(2);

    "fronting" means obtaining a licence to enable another person, who would otherwise not qualify to obtain the licence, to a trade or business under this Act;

    "health and safety concerns" means health and safety concerns as prescribed by the Minister in accordance with section 8;

    "large enterprise" means a business entity with such annual turnover as prescribed by the Minister in accordance with section 17(4);

    "licensed" means a trade or business licensed in accordance with section 5(1);

    "medium enterprise" means a business entity with such annual turnover as prescribed by the Minister in accordance with section 17(4);

    "member" means a member of the Board;

    "premises" means premises where any trade or business is carried on or operated, and includes any facility used in connection with such trade or business;

    "region" means an area made up of districts in the same geographical area;

    "register" means a register kept in accordance with section 38(e);

    "registered" means registered in accordance with section 14;

    "reserved trade or business" means a trade or business declared to be reserved in terms of section 17;

    "sell" means to sell by retail or wholesale, and includes to barter, exchange, offer or expose for sale;

    "subject in question" means a subject, industry or sector under which a trade or business activity, goods sold or services provided fall;

    "trade or business" means the selling of goods or services; and

    "trading licence" means a licence issued in terms of section 5.

PART II
Functions and powers of Director (ss 3-4)

3.    Functions and powers of Director

    (1) The Director shall be responsible for the administration of this Act and shall perform the duties and functions and exercise powers conferred upon him or her under this Act.

    (2) The Director may, with approval of the Minister, delegate to any public officer at a District Council the power to carry out on his or her behalf functions or exercise such powers as the Director may determine.

4.    Licensing and registration of business

    Notwithstanding section 3(1) the Director shall, in respect of a council area—

    (a)    be responsible for licensing and registration of trades and businesses;

    (b)    keep a register of—

        (i)    trading licences,

        (ii)    business registration certificates, and

        (iii)    micro business certificates

issued out under the Act;

    (c)    submit to the Minister when required to do so, data relating to the trading licences, business registration certificates and micro business certificates issued under the Act; and

    (d)    perform such other functions as may be assigned to the Director under this Act.

PART III
Licensing of Trade or Business (ss 5-12)

5.    Trade or business requiring trading licence

    (1) The Minister may, make regulations prescribing a trade or business with health and safety concerns, which require a trading licence under this Act.

    (2) A person shall not carry on a trade or business set out in the regulations unless he or she is issued with a trading licence, in the prescribed manner by the Director.

    (3) A person who contravenes the provisions of this section commits an offence and shall be liable to a fine of not exceeding P50 000 or to imprisonment for a term not exceeding five years, or to both.

6.    Trade or business with health and safety concerns

    (1) Notwithstanding section 5, the Minister may, in the interest of public health and safety and for the purposes of supervision and monitoring of any trade or business, make regulations prescribing conditions of the premises on which the trade or business shall be carried on.

    (2) The Minister shall, by Order published in the Gazette, declare trades and businesses supervised and monitored in accordance with subsection (1) to have health and safety concerns.

    (3) In exercising the powers under subsections (1) and (2), the Minister shall—

    (a)    be guided by health and safety standards, codes or guidelines for each category of trade or business, as the Minister may prescribe; and

    (b)    take into account any other standards, codes or guidelines as may be relevant under laws regulating the subject in question.

7.    Trade or business standards, codes or guidelines

    The Minister may, in consultation with the Minister responsible for the subject in question, prescribe health and safety standards, codes or guidelines for carrying on any licensed and registered trade or business.

8.    Preconditions on issue of trading licence and business registration certificate

    (1) The Director shall not issue a trading licence or a business registration certificate where he or she is satisfied that—

    (a)    the applicant is below 18 years of age;

    (b)    the issue of such licence or registration of a trade or business would conflict with—

        (i)    any approved or proposed town planning scheme or zoning area,

        (ii)    standard codes or guidelines prescribed under section 7(3), or

        (iii)    any other laws, as may be relevant to the subject in question;

    (c)    the applicant is an unrehabilitated insolvent;

    (d)    the applicant has surrendered his or her estate for the benefit of creditors;

    (e)    the applicant has, within a period of two years immediately preceding the date of the application, been convicted of an offence involving dishonesty;