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Market By-law, 2022
- Published in Gauteng Provincial Gazette no. 2 on 5 January 2022
- Commenced on 5 January 2022
- [This is the version of this document from 5 January 2022 and includes any amendments published up to 23 September 2022.]
Interpretation and business hours
1. DefinitionsIn these By-laws, unless the context otherwise indicates—"authorised official" means any official of JM who has in writing been authorised by it to administer, implement and enforce the provisions of these By-laws to the extent so authorised and includes the Chief Executive Officer;"clean" means free of soil, food residue, grease or other objectionable matter;"Chief Executive Officer" means the person appointed by JM to act as its Chief Executive Officer and any person lawfully acting in that capacity and any employee of JM authorised by that Officer in writing to act on his or her behalf;"canvassing" means attracting buyers or business in a fashion that disrupts good order on the JM premises;"cold storage" means storage in any cold storage facility;"cold storage facilities" means facilities provided by JM in the market for refrigerated storage and ripening of produce;"consignment" means any consignment of produce to be delivered by a consignor to a market agent at any time as reflected on a delivery note in respect of that produce;"consignor" means a producer or manufacturer of produce and any other person, irrespective of the type of business in which he or she is involved, who consigns produce to a market agent;"contract" means an agreement entered into between JM and one or more parties with the intention of creating a legal obligation;"Council" means(a)the Metropolitan Municipality of the City of Johannesburg established by Provincial Notice No. 6766 of 2000 dated 1 October 2000, as amended, exercising its legislative and executive authority through its municipal Council; or(b)its successor in title; or(c)a structure or person exercising a delegated power or carrying out an instruction, where any power in these By-laws has been delegated or sub-delegated, or an instruction given, as contemplated in section 59 of the Local Government: Municipal Systems Act, 2000 (Act No. 32 of 2000),as the case may be;"delivery note" means a delivery note contemplated in section 16 and which is prepared by a consignor on a form acceptable to JM setting out the produce of each consignment;"handling equipment" means any forklift and any other self-propelled or manually operated equipment, other than a motor vehicle, used to transport or otherwise handle produce in the market;"JM" means the Joburg Market (SOC) Ltd., a municipal entity established by the Council as its service provider to operate and manage the market, and in relation to a situation where the JM does not operate and manage the market, any subsequent service provider contemplated in section 81(2) of the Local Government: Municipal Systems Act, 2000 and if there is no such service provider, the Council;"market" means the area of land set aside by the Council for conducting thereon the sale of produce and any building or structure thereon used either wholly or partially, directly or indirectly, for the purpose of conducting activities relating to the market;"market agent" means any person who is the holder of a fidelity fund certificate issued in terms of section 16 of the Act, who is the holder of a licence issued in terms of section 4, and who has entered into a contract with JM to occupy an area on the market sales floor for the receipt and sale of produce and includes any salesperson;"market agent licence" means a licence issued in terms of section 4(4);"market sales floor" means any area in the market set aside by the Chief Executive Officer, exclusively for the sale of produce consigned to market agents;"policy" means any policy contemplated in these By-laws adopted by JM and published in terms of section 41;"prescribed" in relation to—(a)a fee, means a fee prescribed by the Council as defined in paragraph (a) of the definition of "Council" and includes, where applicable, a fee determined by JM within the limitations set by the Council; and(b)any other matter, means prescribed by JM;"private treaty sale" means a sale negotiated and concluded between a market agent and a buyer which does not involve an auction;"produce" means any agricultural product specified in Part A read with Part C of Schedule 1 to the Act and any other product specified in a list of commodities issued by the Chief Executive Officer and displayed on the JM website;"protocol" means an agreement, referred to as a protocol, between JM and a producer of produce or a producer organisation relating to produce, which agreement relates to the manner of receipt of that produce at and dealing with that produce in the market;"removal note" means a note authorising the removal from the market of produce sold, generated by utilising the sales processing system;"sales note" means a printed note on which particulars of a sale on the market sales floor are recorded by utilising the sales processing system;"sales permit" means a permit issued in terms of section 9(5);"salesperson" means an employee of a market agent authorised by that agent to act on his or her behalf to perform any activity of a market agent and who is the holder of a sales permit;"sales processing system" means an electronic system of JM in the market utilised to record particulars of the receipt of produce, sales on the market sales floor, produce to be stored in the cold storage facilities, payments and for any other purpose related to activities in the market and includes any sub-system thereof;"service level agreement" means an agreement contemplated in section 6(b);"service provider" means JM and any other institution, entity or person which operates and manages the market on behalf of the Council by virtue of powers, functions and duties assigned to it through a service delivery agreement contemplated in section 76(b) of the Local Government: Municipal Systems Act, 2000, or any other law;"the Act" means the Agricultural Produce Agents Act, 1992 (Act No. 12 of 1992) and any regulations made thereunder; and"unfit for human consumption" in relation to produce, means that produce is so diseased or contaminated or has so deteriorated, that it is unfit for human consumption.
2. Relevant legislation and application of By-laws
3. Business hours
Market agents and employees
4. Market agent licences
5. Security by market agents
6. Agreements prior to issue of licenceA market agent whose application for a licence has been approved in terms of section 4(3)(a) must, prior to the issue of the licence—
7. Cancellation of market agent licences
8. Lapsing of market agent licencesA market agent licence is not transferable and lapses if the market agent concerned—
9. Sales permits
10. Cancellation of sales permits
11. Market agent signageA market agent must at his or her own expense—
12. Employees of market agents
13. Cancellation of employee permits
14. Obligations of market agents regarding employeesA market agent—
Consignment control and receipt of produce
15. Registration of consignors
16. Consignment control and entry gate formalities
17. Receipt of produce
18. Removal and packing of produce
Matters relating to sales
19. Obligations of market agents and salespersons
20. Passing of riskAny produce brought into the market is at all times at the sole risk of the market agent to whom it is consigned until it is sold and delivered, whereafter the risk passes to the new owner.
21. Inspection of documentation
Buyers, payment and direct purchases
22. Obligations of buyers
23. Payment for produce sold
24. Restriction on direct purchases
Porters, traders in pallets, vehicles and handling equipment
25. Porters and traders in pallets
26. Vehicles: prohibited conduct
27. Vehicles: powers of Chief Executive OfficerThe Chief Executive Officer may for purposes of these By-laws—(a)erect and display any sign and make any marking on the ground for the purposes of section 26(1)(b) and (c); and(b)set aside and demarcate parking and loading spaces in the market.
28. Handling equipment
29. PoliciesSubject to the provisions of this Chapter, all activities relating to cold storage must take place in accordance with any policy relating thereto.
30. Use of and deliveries to cold storage facilities
31. Withdrawal of produce
32. General prohibitions and powers
Storage, unclaimed and unfit produce
34. Prohibited storage
35. Abandoned and unclaimed produce and doubt as to ownership
36. Produce unfit for human consumption and contaminated containers
37. Prohibited conductNo person may—
38. Market dues
40. Directives by Chief Executive OfficerThe Chief Executive Officer may issue any written directive which he or she considers necessary or expedient for the proper conduct and functioning of any activity at the entrance gate to the market and in the market.
41. Publication of policies and directivesEvery policy adopted and every directive issued in terms of or for the purposes of these By-laws must be published by—
42. Sales processing systemIf for any reason the sales processing system is wholly or partially inoperative, an authorised official may issue a notice that some other system must be utilised to effect any function for the purposes of these By-laws in substitution for the sales processing system.
43. Powers of inspection
44. Serving of directives and noticesAny notice that is required to be, or may be served, delivered or given in terms of, or for the purposes of these By-laws, must be served in any of the following ways:
46. Delegation by Chief Executive Officer
47. Offences and penaltiesAny person who—
48. Repeal of By-lawsThe By-laws specified in the Schedule are hereby repealed.
49. Transitional provisionAnything done under a provision of a by-law repealed by section 48 is deemed to have been done under the corresponding provision of these By-laws.
50. Short titleThese By-laws are referred to as the Market By-laws.
History of this By-law
5 January 2022 this versionPublished in Gauteng Provincial Gazette no. 2By-law commences.