TRADE *: SUBSIDIARY LEGISLATION
INDEX TO SUBSIDIARY LEGISLATION
Trade Act (Size of Enterprises) Order
Trade (Size of Enterprises) Order
Trade (Exemption) (No.1) Regulations
Trade (Exemption) (No. 70) Regulations
*Trade Act repealed and replaced by Trade Act 25 of 2019.
TRADE ACT (SIZE OF ENTERPRISES) ORDER
(section 31)
(7th October, 2011)
ARRANGEMENT OF PARAGRAPHS
PARAGRAPH
1. Citation
2. Size of enterprises
SCHEDULE
S.I. 79, 2011
This Order may be cited as the Trade Act (Size of Enterprises) Order.
The sizes of micro, small and medium enterprises, in terms of staff complement and annual turnover, shall be as set out in the Schedule.
SCHEDULE
SIZES OF ENTERPRISES
(paragraph 2)
|
Enterprise |
Staff Complement |
Annual Turnover |
|
Micro enterprises |
Less than six |
Up to P100 000 |
|
Small enterprises |
Less than 25 |
P100 001 to P1 500 000 |
|
Medium enterprises |
25 to 100 |
P1 500 001 to P5 000 000. |
TRADE (EXEMPTION) (NO.1) REGULATIONS
(section 27)
(3rd February, 2012)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Exemption
SCHEDULE
S.I. 80, 2011,
S.I. 81, 2011,
S.I. 86, 2011,
S.I. 4, 2012,
S.I. 15, 2012,
S.I. 38, 2012,
S.I. 39, 2012,
S.I. 40, 2012,
S.I. 46, 2012,
S.I. 68, 2018,
S.I. 23, 2013,
S.I. 24, 2013,
S.I. 35, 2013,
S.I. 38, 2013,
S.I. 39, 2013,
S.I. 40, 2013,
S.I. 58, 2013,
S.I. 70, 2013,
S.I. 71, 2013,
S.I. 72, 2013,
S.I. 73, 2013,
S.I. 80, 2013,
S.I. 81, 2013,
S.I. 82, 2013,
S.I. 83, 2013,
S.I. 84, 2013,
S.I. 88, 2013,
S.I. 92, 2013,
S.I. 97, 2013,
S.I. 98, 2013,
S.I. 102, 2013,
S.I. 113, 2013,
S.I. 117, 2013,
S.I. 123, 2013,
S.I. 124, 2013,
S.I. 1, 2014,
S.I. 9, 2014,
S.I. 10, 2014,
S.I. 16, 2014,
S.I. 19, 2014,>
S.I. 27, 2014,
S.I. 38, 2014,
S.I. 39, 2014,
S.I. 40, 2014,
S.I. 41, 2014,
S.I. 42, 2014,
S.I. 43, 2014,
S.I. 44, 2014,
S.I. 55, 2014,
S.I. 61, 2014,
S.I. 62, 2014,
S.I. 63, 2014,
S.I. 64, 2014,
S.I. 65, 2014,
S.I. 66, 2014,
S.I. 144, 2014,
S.I. 3, 2015,
S.I. 4, 2015,
S.I. 5, 2015,
S.I. 6, 2015,
S.I. 8, 2015,
S.I. 14, 2015,
S.I. 15, 2015,
S.I. 16, 2015,
S.I. 19, 2015,
S.I. 33, 2015,
S.I. 34, 2015,
S.I. 35, 2015,
S.I. 36, 2015,
S.I. 45, 2015,
S.I. 52, 2015,
S.I. 70, 2015,
S.I. 71, 2015,
S.I. 73, 2015,
S.I. 90, 2015,
S.I. 95, 2015,
S.I. 98, 2015,
S.I. 103, 2015,
S.I. 114, 2015,
S.I. 22, 2016,
S.I. 26, 2016,
S.I. 66, 2016,
S.I. 67, 2016,
S.I. 72, 2016,
S.I. 74, 2016,
S.I. 75, 2016,
S.I. 76, 2016,
S.I. 77, 2016,
S.I. 78, 2016,
S.I. 79, 2016,
S.I. 83, 2016,
S.I. 86, 2016,
S.I. 90, 2016,
S.I. 91, 2016,
S.I. 96, 2016,
S.I. 97, 2016,
S.I. 98, 2016,
S.I. 99, 2016,
S.I. 105, 2016,
S.I. 108, 2016,
S.I. 112, 2016,
S.I. 117, 2016,
S.I. 126, 2016,
S.I. 127, 2016,
S.I. 134, 2016,
S.I. 135, 2016,
S.I. 136, 2016,
S.I. 20, 2017,
S.I. 21, 2017,
S.I. 28, 2017,
S.I. 33, 2017,
S.I. 34, 2017,
S.I. 36, 2017,
S.I. 43, 2017,
S.I. 51, 2017,
S.I. 54, 2017,
S.I. 55, 2017,
S.I. 62, 2017,
S.I. 63, 2017,
S.I. 64, 2017,
S.I. 65, 2017,
S.I. 74, 2017,
S.I. 94, 2017,
S.I. 95, 2017,
S.I. 96, 2017,
S.I. 97, 2017,
S.I. 98, 2017,
S.I. 99, 2017,
S.I. 100, 2017,
S.I. 105, 2017,
S.I. 106, 2017,
S.I. 107, 2017,
S.I. 108, 2017,
S.I. 117, 2017,
S.I. 125, 2017,
S.I. 126, 2017,
S.I. 131, 2017,
S.I. 132, 2017,
S.I. 133, 2017,
S.I. 134, 2017,
S.I. 136, 2017,
S.I. 142, 2017,
S.I. 1, 2018,
S.I. 2, 2018,
S.I. 3, 2018,
S.I. 4, 2018,
S.I. 10, 2018,
S.I. 20, 2018,
S.I. 21, 2018,
S.I. 34, 2018,
S.I. 35, 2018,
S.I. 36, 2018,
S.I. 37, 2018,
S.I. 38, 2018,
S.I. 39, 2018,
S.I. 40, 2018,
S.I. 41, 2018,
S.I. 42, 2018,
S.I. 43, 2018,
S.I. 54, 2018,
S.I. 55, 2018,
S.I. 66, 2018,
S.I. 67, 2018,
S.I. 68, 2018,
S.I. 72, 2018,
S.I. 73, 2018,
S.I. 75, 2018,
S.I. 76, 2018,
S.I. 88, 2018,
S.I. 89, 2018,
S.I. 90, 2018,
S.I. 91, 2018,
S.I. 92, 2018,
S.I. 93, 2018,
S.I. 94, 2018,
S.I. 95, 2018,
S.I. 106, 2018,
S.I. 112, 2018,
S.I. 118, 2018,
S.I. 119, 2018,
S.I. 120, 2018,
S.I. 130, 2018,
S.I. 131, 2018,
S.I. 132, 2018,
S.I. 138, 2018,
S.I. 139, 2018,
S.I. 140, 2018,
S.I. 141, 2018,
S.I. 143, 2018,
S.I. 144, 2018,
S.I. 145, 2018,
S.I. 146, 2018,
S.I. 147, 2018,
S.I. 151, 2018,
S.I. 152, 2018,
S.I. 153, 2018,
S.I. 159, 2018,
S.I. 160, 2018,
S.I. 161, 2018,
S.I. 162, 2018,
S.I. 163, 2018,
S.I. 168, 2018,
S.I. 169, 2018,
S.I. 175, 2018,
S.I. 179, 2018,
S.I. 180, 2018,
S.I. 181, 2018,
S.I. 183, 2018,
S.I. 184, 2018,
S.I. 191, 2018,
S.I. 194, 2018,
S.I. 199, 2018,
S.I. 200, 2018,
S.I. 201, 2018,
S.I. 202, 2018,
S.I. 203, 2018,
S.I. 204, 2018,
S.I. 9, 2019,
S.I. 10, 2019,
S.I. 11, 2019,
S.I. 12, 2019,
S.I. 13, 2019,
S.I. 14, 2019,
S.I. 15, 2019,
S.I. 16, 2019,
S.I. 17, 2019,
S.I. 18, 2019,
S.I. 21, 2019,
S.I. 22, 2019,
S.I. 23, 2019,
S.I. 25, 2019,
S.I. 26, 2019,
S.I. 27, 2019,
S.I. 34, 2019,
S.I. 35, 2019,
S.I. 36, 2019,
S.I. 37, 2019,
S.I. 38, 2019,
S.I. 39, 2019,
S.I. 40, 2019,
S.I. 41, 2019,
S.I. 42, 2019,
S.I. 43, 2019,
S.I. 44, 2019,
S.I. 45, 2019,
S.I. 46, 2019,
S.I. 49, 2019,
S.I. 50, 2019,
S.I. 76, 2019,
S.I. 78, 2019,
S.I. 81, 2019,
S.I. 83, 2019,
S.I. 84, 2019,
S.I. 85, 2019,
S.I. 86, 2019,
S.I. 87, 2019,
S.I. 88, 2019,
S.I. 90, 2019,
S.I. 94, 2019,
S.I. 95, 2019,
S.I. 96, 2019,
S.I. 97, 2019,
S.I. 114, 2019,
S.I. 115, 2019,
S.I. 116, 2019,
S.I. 117, 2019,
S.I. 118, 2019,
S.I. 119, 2019,
S.I. 120, 2019,
S.I. 121, 2019,
S.I. 122, 2019,
S.I. 123, 2019,
S.I. 124, 2019,
S.I. 125, 2019,
S.I. 126, 2019,
S.I. 127, 2019,
S.I. 129, 2019,
S.I. 130, 2019,
S.I. 131, 2019,
S.I. 132, 2019,
S.I. 133, 2019,
S.I. 140, 2019,
S.I. 141, 2019,
S.I. 142, 2019,
S.I. 143, 2019,
S.I. 146, 2019,
S.I. 151, 2019,
S.I. 160, 2019,
S.I. 7, 2020,
S.I. 8, 2020,
S.I. 12, 2020,
S.I. 21, 2020,
S.I. 66, 2020,
S.I. 85, 2020.
These Regulations may be cited as the Trade (Exemption) (No. 1) Regulations.
...
NB: Exemption provisions and name of the companies listed for exemption from the requirements of the Trade Act (Cap. 43:02) or Trade Regulations (Cap. 43:02 (Sub. Leg.)) not reproduced here owing to frequent amendments.
*The name of the companies exempted from the requirements of the Trade Act or Trade Regulations is not reproduced here owing to frequent amendments. For more information refer to Original Gazettes.
(section 44)
(20th May, 2020)
ARRANGEMENT OF REGULATIONS
REGULATION
1. Citation
2. Interpretation
3. Trades or businesses to be registered
4. Amusement arcade business registration certificate
5. Auctioneer's business registration certificate
6. Cleaning services business registration certificate
7. Commercial hardware business registration certificate
8. Curio shop business registration certificate
9. Department store business registration certificate
10. Distributor's business registration certificate
11. Driller's business registration certificate
12. Dry clean business registration certificate
13. Dry-clean depot business registration certificate
14. Florist or plant nursery business registration certificate
15. General dealer business registration certificate
16. General hire service business registration certificate
17. Industrial hardware business registration certificate
18. Laundromat business registration certificate
19. Plant hire service business registration certificate
20. Sunglass shop business registration certificate
21. Supermarket business registration certificate
22. Wholesale business registration certificate
23. Workshop business registration certificate
24. Business registration certificates reserved for citizens
25. Licences and business registration certificates restricted to fixed premises
26. Trades or businesses to be licensed
27. Agricultural shop licence
28. Fresh produce licence
29. Funeral parlour licence
30. Gymnasium licence
31. Optician shop licence
32. Pharmacy or chemist licence
33. Restaurant licence
34. Takeaway licence
35. Licences reserved for citizens
36. Application for licence or business registration certificate
37. Issue of licence or business registration certificate
38. Payment of annual licence or business registration certificate fee
39. Conditions attached to licence or business registration certificate
40. Notice of licence or business registration certificate transfer
41. Application for transfer of licence or business registration certificate
42. Application for duplicate licence or business registration certificate
43. General penalty
44. Saving
45. Revocation of S.I. No. 69 of 2011
S.I. 24, 2008,
S.I. 69, 2011,
S.I. 106, 2011,
S.I. 61, 2012,
S.I. 14, 2014,
S.I. 18, 2014,
S.I. 47, 2016,
S.I. 46, 2018,
S.I. 40, 2020,
S.I. 82, 2020,
S.I. 144, 2024*.
*Amendments through SI 144 of 2024 - addition of definition of "tswana food item" in reg. 2; substitution of reg. 34 - to be commenced from 15th February, 2024.
Thes amendments have been incorporated.
These Regulations may be cited as the Trade Regulations.
In these Regulations, unless the context otherwise requires?
"agent" means a business which supplies goods for sale but does not keep any stock;
"agricultural shop" means a business selling stock feed, scheduled and unscheduled veterinary medicines, farming implements and farm wear, but not vehicles;
"amusement arcade" means a business which lets out, for use on the premises, computer games, pool and snooker tables, darts or any other related games;
"auctioneer" means a business which sells goods by public auction;
"baby shop" means a business selling a wide range of baby products, clothes, toys and related accessories;
"bookshop" means a business selling stationery, computer and computer accessories, books or other reading materials;
"car wash" means a business which washes motor vehicles and household goods, such as carpets and sofas, either manually or using an auto mechanical system;
"cellphone shop" means a business selling cellphones and related accessories, including cordless phones;
"cleaning services" means a business which renders the service of general cleaning of premises such as shops, offices and residential property, including office and household goods such as carpets, sofas and curtains;
"commercial hardware" means a business which sells small scales tools and equipment, together with building materials, in small quantities;
"cosmetics shop" means a business selling cosmetics, make-up, fragrances, beauty products and other related items;
"curio shop" means a business selling handicrafts, trophies, antiques and ornaments;
"department store" means a store which sells different categories of goods in different departments under one roof;
"distributor" means a business which distributes goods from a warehouse, at a wholesale scale but does not include imported pre-owned motor vehicles, imported pre-owned earth moving equipment, imported pre-owned heavy duty machinery, imported pre-owned tractors, imported pre-owned motorcycles;
"driller" means a business which drills for water and may include the installation of drilling equipment;
"dry-clean" means a business which is engaged in washing with chemicals, drying and ironing of clothes and textile materials;
"dry-clean depot" means a business which receives and collects goods for dry-cleaning;
"electronics or electrical shop" means a business selling a wide range of electrical goods, electrical appliances, video games and related accessories;
"florist or plant nursery" means a business selling flowers, live plants, dry seeds, treated soil, aquaria and other related gardening accessories, including vases, flower pots and garden ornaments;
"fresh produce" means a business that primarily sells dairy products, fruits and vegetables, bread, meat and meat products, poultry and poultry products, seafood, seasoning and spices;
"funeral parlour" means an establishment which is engaged in the business of funeral undertaking, and may sell coffins, wreaths, flowers, grave covers and tombstones;
"furniture shop" means a business selling moveable household and office furnishing, electronics and electrical appliances, carpets, bedding, linen and other related goods;
"general clothing" means a business which sells clothes, shoes and other accessories;
"general dealer" means a business selling a wide range of groceries and general merchandise, including unscheduled medicines or drugs;
"general hire service" means a business which lets out small machinery, tools and equipment, together with domestic and office implements;
"gymnasium" means a business which provides fitness and body-building services through the use of related equipment and machinery and fitness lessons;
"haberdashery" means a business selling fabrics, sewing machines and related accessories;
"hair or beauty parlour" means a business in which a person's hair is cut and arranged, the services of pedicure, manicure, body massage, facial treatment and other related services are carried out, and which may sell hair and beauty products;
"household shop" means a business selling a wide range of home and household items, including curtains, sheets, cutlery, crockery and gardening accessories;
"imported pre-owned motor dealer" means a business that sell imported pre-owned motor vehicles, imported pre-owned earth moving equipment, imported pre-owned heavy duty machinery, imported pre-owned tractors, imported pre-owned motorcycles including new or used motor spare parts, new tyres, lubricants and motor vehicle accessories;
"industrial hardware" means a business which sells large-scale tools and equipment, together with building materials in large quantities;
"internet caf? or copy shop" means a business which renders the services of document printing, typing, faxing, laminating, photocopying, internet and other related services, and which may sell printing and photocopying paper, recordable compact disks, recordable cassettes, memory sticks, computer ink cartridges and toner;
"jewellery shop" means a business selling a wide range of jewellery and related accessories;
"laundromat" means a business which is engaged in the washing, drying and ironing of clothes;
"local pre-owned" means a motor vehicle, earth moving equipment, heavy duty machinery, tractors, and motorcycles which were bought new locally or imported new;
"money's worth" means a token or related item representing money or an article of value;
"optician shop" means a business specialising in sight testing and selling contact lenses, spectacles, sunglasses and related accessories;
"pharmacy or chemist" means a business which sells medicines or drugs, cosmetics, chemicals, chemical preparations, surgical goods, jewellery, goods for invalids, optical goods and infant food and products;
"plant hire service" means a business which lets out heavy plant machinery, tools and equipment;
"restaurant" means a business that prepares and sells meals, refreshments and alcoholic beverages for consumption on the premises;
"specialised motor dealer" means a business that sells new and local pre-owned motor vehicles, new and local pre-owned earth moving equipment, new and local pre-owned heavy duty machinery, new and local pre-owned tractors, new and local pre-owned motorcycles including new motor spare parts, new tyres, lubricants and motor vehicle accessories;
"sunglass shop" means a business selling sunglasses and related fashion accessories;
"supermarket" means a self-service store which sells a wide range of food items, household goods and wines, but does not sell beer and spirits;
"takeaway" means a business that prepares and sells meals, refreshments and non-alcoholic beverages, for consumption off the premises;
"toy shop" means a business selling a wide range of toys and other related items;
"tswana food item" means cooked traditional tswana meals including samp (setampa), sorghum (mabele), millet (lebelebele), fat cakes (magwinya), mophane worm (phane), chicken feet (menoto), chicken hearts, chicken necks, chicken heads, phaphatha, tripe (serobe), and pounded meat (seswaa);
"wholesale" means a store which sells goods in bulk per product or line item but does not include imported pre-owned motor vehicles, imported pre-owned earth moving equipment imported pre-owned heavy duty machinery, imported pre-owned tractors, imported pre-owned motorcycles; and
"workshop" means a business that maintains and repairs motor vehicles and other machinery or equipment.
3. Trades or businesses to be registered
The Director shall register the following trades or businesses?
(a) agent;
(b) amusement arcade;
(c) auctioneer;
(d) baby shop;
(e) bookshop;
(f) car wash;
(g) cellphone shop;
(h) cleaning services;
(i) commercial hardware;
(j) curio shop;
(k) department store;
(l) distributor;
(m) driller;
(n) dry-clean;
(o) dry-clean depot;
(p) electronics or electrical shop;
(q) florist or plant nursery;
(r) furniture shop;
(s) general clothing;
(t) general dealer;
(u) general hire service;
(v) haberdashery;
(w) household shop;
(x) imported pre-owned motor dealer;
(y) industrial hardware;
(z) internet caf? or copy shop;
(aa) jewellery shop;
(bb) laundromat;
(cc) plant hire service;
(dd) specialised motor dealer;
(ee) sunglass shop;
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