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Johannesburg
South Africa
South Africa
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 11 May 2022.]
Chapter 1
Interpretation and business hours
1. Definitions
In 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
Chapter 2
Market agents and employees
4. Market agent licences
5. Security by market agents
6. Agreements prior to issue of licence
A 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—(a)enter into a contract with JM for the rental of offices, stores and other services in the market which are relevant to his or her proposed activities in the market; and(b)enter into a service level agreement on a prescribed form with JM stipulating the standard and quality of the service to be rendered by him or her to persons with whom he or she will deal in the market.7. Cancellation of market agent licences
8. Lapsing of market agent licences
A market agent licence is not transferable and lapses if the market agent concerned—(a)is a natural person who has died or whose estate is provisionally sequestrated;(b)commits an act of insolvency as contemplated in the Insolvency Act, 1936 (Act No. 24 of 1936);(c)is a partnership that is dissolved;(d)is a company that is placed under provisional or final liquidation or business rescue, is deregistered or is wound up; or(e)is a close corporation that is placed under provisional or final liquidation, is deregistered or is wound up.9. Sales permits
10. Cancellation of sales permits
11. Market agent signage
A market agent must at his or her own expense—(a)display and maintain in good repair a signboard approved by an authorised official, on the door of the offices in the market occupied by him or her, bearing the name of the market agent’s business and contact particulars; and(b)display and maintain in every area allocated to him or her on the market sales floor, the name of his or her business in such a manner as may be determined by an authorised official.12. Employees of market agents
13. Cancellation of employee permits
14. Obligations of market agents regarding employees
A market agent—(a)must provide each of his or her employees operating on the market sales floor with clean and suitable protective clothing, bearing the name or distinctive mark of the market agent and must ensure that such clothing is kept clean and in good repair;(b)may not allow any of his or her employees to operate on the market sales floor unless he or she is wearing safety compliant protective clothing as contemplated in paragraph (a);(c)must make each of his or her employees operating in the market available for an induction course at a place and time specified in a notice issued to the market agent by an authorised official; and(d)must train, coach and direct each of his or her employees to ensure adherence to these By-laws and any policy, directive and instruction issued in terms of or for the purposes of these By-laws.Chapter 3
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
Chapter 4
Matters relating to sales
19. Obligations of market agents and salespersons
20. Passing of risk
Any 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
Chapter 5
Buyers, payment and direct purchases
22. Obligations of buyers
23. Payment for produce sold
24. Restriction on direct purchases
Chapter 6
Porters, traders in pallets, vehicles and handling equipment
25. Porters and traders in pallets
26. Vehicles: prohibited conduct
27. Vehicles: powers of Chief Executive Officer
The 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
Chapter 7
Cold storage
29. Policies
Subject 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
33. Payment
Chapter 8
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
Chapter 9
General behaviour
37. Prohibited conduct
No person may—(a)occupy or trade from any office, area or stand or other place in the market, other than a place or area which has been let for trading to him or her or, with regard to a market agent, allocated to that agent, unless he or she has, subject to payment of a prescribed fee, obtained the prior written permission on a prescribed form of the Executive Officer;(b)without the prior permission of an authorised official, light a fire in the market;(c)stand or sit on or lean against any produce in the market;(d)except of the purposes of these By-laws, touch or taste any produce in the market;(e)throw an object at any person or property in the market;(f)tamper with any produce or container or tamper with or remove any label from produce or any container;(g)cause a blockage in, or damage to, the sewerage or stormwater drainage system in the market;(h)cause or allow any sewage, oil, foul water or other objectionable substance to enter any stormwater drain in the market;(i)without the prior written permission of an authorised official, wash, peel, pack, sort, grade or clean produce other than in an area in the market designated by an authorised official;(j)interfere with or molest any person in the market;(k)interfere with the activities or the proper conduct of, or business by, or be a nuisance to, any person in the market;(l)subject to the terms of any agreement with JM, enter or remain in the market or occupy any area after the business hours contemplated in section 3(2) or (3) without the prior written permission of an authorised official;(m)fail or refuse to comply with an instruction of an authorised official to remove an article from the market or relocate an article to another area in the market;(n)spit, loiter or use any threatening, obscene, abusive or offensive language, cause a disturbance or commit an indecent act in the market;(o)consume or be under the influence of intoxicating liquor or a drug having a narcotic effect in the market;(p)damage or deface any property or building in the market;(q)dispose of any peels, vegetable leaves or other refuse in the market otherwise than in accordance with a directive issued by the Chief Executive Officer;(r)hawk goods other than produce, hawk produce for immediate consumption, pedal or beg in the market;(s)without the prior written permission of an authorised official, remove any refuse, waste or condemned produce from the market;(t)cook food or make any beverage in the market, other than in an area designated by an authorised official;(u)without the prior written permission of an authorised official, bring any animal into the market;(v)without the prior written permission of an authorised official, display any notice, advertisement or sign other than those required to be displayed by these By-laws;(w)tout for custom in the market;(x)fail or refuse to depart from the market or any part thereof, or to remove any animal, vehicle, produce or any other thing from the market or any part thereof, if instructed by an authorised official to do so;(y)organise or conduct a meeting otherwise than in the ordinary course of his business in the market without the prior written approval of an authorised official;(z)handle any produce in the market in a manner which may render it unfit for human consumption;(aa)keep or expose or offer for sale any produce in the market which has been declared unfit for human consumption;(bb)conduct, set up or in any way be concerned with a lottery, game of chance or betting other than a selling point for tickets for the national lottery contemplated in Part 1 of the Lotteries Act, 1997 (Act No. 57 of 1997);(cc)without the prior permission of an authorised official, wash or clean any vehicle in the market;(dd)subject to any authority or permission granted in terms of any lease or other contract with JM, without the prior written permission of an authorised official, open any electric light-switch box or tamper with any electric wiring or installation or switch on any electric switch or installation or in any manner alter the intensity of lighting;(ee)use a fire hose for any purpose other than extinguishing a fire;(ff)subject to any authority or permission granted in terms of any lease or other contract with JM, without the prior written permission of an authorised official, make any alteration or addition to any area, premises or installation not contemplated in paragraph (dd) in the market let or allocated to him or her by JM, or install any equipment therein;(gg)fail to maintain any premises or area in the market allocated or rented to him or her and refuse receptacles in such premises or area in a clean and hygienic condition;(hh)sleep in the market;(ii)utilise a chemical for cleaning and sanitisation in the market other than one approved in writing by an authorised official;(jj)smoke in the market in an area other than an area designated in writing as a smoking area by an authorised official, and identified by the display of an appropriate sign in every such smoking area; or(kk)without the prior written permission of an authorised official, store any flammable substance, whether in liquid or gas form, in the market, other than fuel contained in the fuel tank of any vehicle or implement or equipment operated by the use of that fuel.Chapter 10
Miscellaneous
38. Market dues
39. Monies
40. Directives by Chief Executive Officer
The 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 directives
Every policy adopted and every directive issued in terms of or for the purposes of these By-laws must be published by—(a)furnishing a copy thereof to any person to whom it is applicable in the manner provided for the service of notices in section 44;(b)displaying it on a conspicuous notice board in the market; and(c)displaying it on JM’s website.42. Sales processing system
If 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 notices
Any 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:(a)By handing a copy of the notice at the person to whom it is addressed;(b)by leaving a copy of the notice at the person’s place of residence or business with any other person who is apparently at least 16 years old and in charge of the premises at the time;(c)by faxing a copy of the notice to the person, if the person has in writing furnished a fax number to JM or an authorised official;(d)by emailing a copy of the notice to the person, if the person has in writing furnished an email address to JM or an authorised official;(e)by handing a copy of the notice to any representative authorised in writing by the person concerned to accept service on behalf of that person;(f)if the person concerned has chosen an address or fax number for service, by leaving a copy of the notice at that address or by faxing it to that fax number;(g)by sending a copy of the notice by prepaid registered or certified post to the last-known address of the person concerned;(h)if the person concerned is a company or other body corporate, by serving a copy of the notice on an employee of the company or body corporate at its registered office or its place of business or, if there is no employee willing to accept service, by affixing a copy of the document to the main door of that office or place of business; or(i)if the person is a partnership, firm or voluntary association, by serving a copy of the notice on a person who at the time of service is apparently in charge of the premises and apparently at least 16 years of age, at the place of business of such partnership, firm or association or if such partnership, firm or association has no place of business, by serving a copy of the notice on a partner, the owner of the firm or the chairman or secretary of the managing or other controlling body of such association, as the case may be.45. Appeals
46. Delegation by Chief Executive Officer
47. Offences and penalties
Any person who—(a)contravenes or fails to comply with any provision of these By-laws;(b)refuses or fails to comply with any directive or notice addressed to or any condition imposed on him or her in terms of or for the purposes of these By-laws;(c)obstructs, hinders or interferes with an authorised official, the Chief Executive Officer or other employee of JM in the exercise of any power or the performance of any function or duty in terms of or for the purposes of these By-laws;(d)fails or refuses to furnish to an authorised official with any documentation or information required from him or her in terms of or for the purposes of these By-laws or furnishes a false or misleading document or false or misleading information;(e)fails or refuses to comply with any instruction given to him or her in terms of or for the purposes of these By-laws;(f)pretends to be an authorised official,is guilty of an offence and—(i)liable on conviction to a fine or in default of payment to imprisonment for a period not exceeding 36 months;(ii)in the case of a continuing offence, to a further fine not exceeding R3000, or in default of payment to imprisonment not exceeding one day for every day during the continuance of such offence after a written notice has been served on him or her by the Chief Executive Officer requiring the discontinuance of such offence.48. Repeal of By-laws
The By-laws specified in the Schedule are hereby repealed.49. Transitional provision
Anything 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 title
These By-laws are referred to as the Market By-laws.History of this By-law
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5 January 2022 this version
Published in Gauteng Provincial Gazette no. 2By-law commences.
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