With the upcoming February deadline for spaza shops to register, the CoE has shared the key steps to setting up a spaza shop and getting it up and running legally in the city.
The CoE said starting or registering a business in the city requires a solid understanding of local zoning laws, building regulations and health and safety standards.
Ensuring legal compliance protects your business and contributes to the community’s safety and well-being.
Zoning laws and the CoE’s Land Use Scheme 2021 The CoE said its Land Use Scheme 2021 outlines the zoning laws governing the use of land and property within the city.These zoning laws are critical because they dictate what type of business activities can occur in specific areas.
The regulations ensure businesses operate in suitable locations, thereby minimising conflicts between various land uses, such as residential and commercial zonings.
Each property in Ekurhuleni is assigned a zoning classification that determines its allowable uses. Business owners must familiarise themselves with the zoning regulations applicable to their properties to avoid violations. For instance, you cannot use a residential property for commercial purposes unless the zoning permits it.
Violating the zoning laws could result in fines or the forced termination of operations, which is detrimental to any business.
The requirements to successfully register a business To successfully register your business in Ekurhuleni, you will need the following:
• Identification document: A valid ID document for SA citizens or a passport and visa or refugee permit for foreign nationals.
• Application form: Get the application form from the municipality’s website: www.ekurhuleni.gov.za or offices.
• Proof of residence: Provide documentation like a municipal bill statement, lease agreement or a letter confirming the shop’s address.
• Affidavit of Compliance: An affidavit stating that the business complies with all relevant regulations.
Who can register? Property owner vs tenantGenerally, it is the property owner’s responsibility to register a spaza shop. A common concern for property owners is the potential eviction of tenants operating spaza shops or other rental properties. It is important to note that a business license or Certificate of Acceptability is issued to businesses, not individuals.
As the licence holder, the property owner must register and obtain the necessary licences for the business. If the property owner feels the tenant is not compliant, they have the right to evict them from the property.
After eviction, the property owner may rent the same property again. However, if the new tenants wish to conduct a different type of business, the owner must apply for a new licence specific to that business.
The role of spaza shops in local economiesThe metro acknowledged that spaza shops, small informal convenience stores primarily found in SA, play a significant role in local economies, especially in communities with limited access to larger retail outlets.
The city said it supports and encourages entrepreneurship. However, it stresses the vital need for property owners and tenants interested in this business to acquaint themselves with the rules, registration processes and licensing.
“Starting a business in the city requires careful navigation of zoning laws, licensing and compliance regulations. By understanding the responsibilities associated with property ownership and the specific requirements for registering a spaza shop, prospective business owners can set themselves up for success.
“Engaging with local authorities and staying informed about regulatory changes will further enhance the likelihood of a thriving and compliant business in the community,” said metro spokesperson Zweli Dlamini.
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Spaza shop registration deadlineThe government has extended the registration deadline for spaza shops and food-handling outlets across SA to February 28 after many spaza shop owners struggled to register within the 21-day deadline that ended on December 18.
In response to the spate of deaths and illnesses from contaminated food reportedly bought from spaza shops and informal traders, President Cyril Ramaphosa directed last month that all spaza shops and other food-handling facilities must be registered with their respective municipalities within 21 days.
At a press briefing last month, Co-operative Governance and Traditional Affairs Minister Velenkosini Hlabisa said the government still needs to do more to ensure the sector is correctly regulated and adheres to health regulations.
“The government understands the concerns raised by some stakeholders regarding the registration deadline for spaza shops. However, the initial deadline was set to address the urgent need to ensure compliance with health and safety standards following the tragic incidents of food-borne illnesses,” said Hlabisa.
The minister emphasised the importance of complying with business and health regulatory requirements.
“As the multidisciplinary team dealing with this outbreak, we will continue our efforts to ensure all food-handling facilities, including manufacturers, comply with business and health regulatory requirements.
“We need to explain that we are dealing with two distinct processes. The first process is business compliance – when you must register the spaza shops or any food-handling business. The second process is compliance with health regulations.
“This process does not depend on whether you are registered or not. If you do not comply with the health regulations, the business is immediately closed. Hence, 1 041 spaza shops have already been closed.
“We are aware of some who encountered obstacles not of their own making, preventing them from complying with the 21-day registration period. We would, therefore, like to thank all those who took the time to register their businesses.”
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