Retail Market By-law 2014
Published in no. on 27 June 2014
Commences on 27 June 2014 unless otherwise noted
Interpretation and application
1. DefinitionsIn this By-law, unless the context indicates otherwise─ "allocations policy" means the policy adopted by the Municipality to regulate the allocation of stalls in the market; "article" means any fresh produce, goods or thing which is approved by the Municipality to be brought onto the market for sale to the public; "authorised official" means a person authorised to implement the provisions of this Bylaw, including but not limited to – (a) peace officers as contemplated in section 334 of the Criminal Procedure Act, 1977 (Act No. 51 of 1977); (b) municipal or metropolitan Police Officers as contemplated in the South African Police Service Act, 1995 (Act No. 68 of 1995; and (c) such employees, agents, delegated nominees, representatives and service providers of the municipality as are specifically authorised by the Municipality in this regard : Provided that for the purposes of search and seizure, where such person is not a peace officer, such person must be accompanied by a peace officer; "buyer" means any person entering the market for the purpose of buying any article offered for sale on the market or any person with whom a stallholder has concluded a direct sale on behalf of a supplier; "Constitution" means the Constitution of the Republic of South Africa, 1996; "fresh produce" means any kind of grown agricultural product authorised by the Municipality for sale in the market; "Head" means the Head of the markets, and includes any person– (a) acting in that position; or (b) to whom the Head has delegated or sub-delegated a power, function or duty in accordance with the system of delegation developed by the Municipal Manager in terms of section 59 of the Systems Act; "manufacturer" means any person who sells or exposes for sale within the market, baskets or such articles manufactured by himself or herself, as the Municipality may authorise; "market" means any retail market which is owned or controlled by the Municipality, including any land, building or premises on or in which the business of the market is conducted; "Municipal Council" or "Council" means the eThekwini Municipal Council, a municipal council referred to in section 157(1) of the Constitution; "Municipal Finance Management Act" means the Local Government: Municipal Finance Management Act, 2003 (Act No. 56 of 2003); "Municipality" means eThekwini Municipality, a category A municipality as envisaged in terms of section 155(1) of the Constitution of South Africa and established in terms of PN343 of 2000 (KwaZulu- Natal); "municipal manager" means a person appointed in terms of section 54A of the Municipal Systems Act as the head of administration of the municipal council; "permit" means an official document issued by the Municipality authorising a person to sell or expose for sale upon or within the market any article which is authorised by the Municipality for sale in the market; "person" means a natural person or juristic person; "refuse container bay" means an area for the placing of refuse containers, whether it is a demarcated or a designated refuse container bay; "stall" means any space demarcated and allocated by the Municipality to a trader in the traders' section of the market for the purpose of selling such articles as the Municipality may permit to be sold in terms of this By-law; "stallholder" means the holder of – (a) a valid permit issued by the Municipality permitting a person to occupy a stand in the traders' section of the market; and (b) a trading licence for the sale of goods so permitted; "Systems Act" means the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000); "table holder" means a bona fide farmer authorised to occupy a table in terms of this Bylaw; "tariff of charges" means the tariff of charges, fees, etc, payable to the Municipality in respect of articles sold or services rendered at the market, as fixed in terms of the Municipality’s Tariffs By-law and any applicable policy; and "trader" means any person who sells or exposes for sale within the traders' section of the market any produce which has not been grown by such person.
2. Interpretation of By-lawIf there is a conflict of interpretation between the English version of this By-law and a translated version thereof, the English version prevails.
3. Objects of By-lawThe objects of this By-law are to– (a) ensure effective management of the markets under the ownership and control of the Municipality; (b) regulate proper conduct of persons within the precincts of the markets; and (c) provide for matters incidental thereto.
4. Application of By-lawThis By-law applies to all the Markets under the ownership and control of the Municipality, irrespective of the area in which they are located.
Management and control
5. Management authorityThe Municipality is responsible for the management and control of the business of the markets.
6. Vehicular traffic
Trading and related activities
7. Poultry and birds
8. Stallholder's permit
9. Fees and charges
10. Default in payment of stall fees
11. Allocation of stallsNotwithstanding anything to the contrary contained in this By-law, the allocations of stalls at the market must be carried out by the Municipality in accordance with the allocations policy.
12. Responsibilities of stallholders
13. Entrance and exit to the marketAll articles which are brought into the market for sale must be brought in through the gate set aside by the Municipality for such purpose.
14. Closing hour
15. Posting of notices
Policing conduct and limitation of liability
16. Personal attendance and supervision
17. Vicarious Liability
18. Inspection of articles
19. Municipality not responsible for lossNeither the Municipality nor its authorised officials are liable for any loss or damage caused by fire, flood, theft or from any other cause whatsoever, of any article or property brought onto the market by any person.
20. Prohibited conduct
23. Offences and penalties
24. Repeal of laws and savings
25. Short title and commencementThis By-law is called the Retail Market By-law 2014, and takes effect on the date of the publication thereof in the Provincial Gazette.
|Number and year of law||Title||Extent of repeal|
|Provincial Notice No. 42 of 1972 published in Provincial Gazette No. 3658 dated 20 January 1972||Indian Market Bylaw (Early Morning Section)||The whole|
|Provincial Notice No. 298 of 1959 published in Provincial Gazette dated 2 July 1959||Standard Bylaws (Pinetown)||Chapter 7|
|Provincial Notice No. 287 of 1963 published in Provincial Gazette No. 3164 dated 30 July 1963||General Bylaws Chapter xiv (Verulam)||The Whole|
|Provincial Notice No. 87 of 1953 published in Provincial Gazette No. 2461 dated 10 March 1953||Standard Bylaws (Mount Edgecombe)||Chapter 7|
|Provincial Notice No. 237 of 1942||Regulations for the purpose of local health commission (Public Health Areas Control) Ordinance No. 20 of 1942||The Whole|