THE NATIONAL ASSEMBLY
QUESTION FOR WRITTEN REPLY
Question 925
Mrs C Dudley (ACDP) to ask the Minister of Trade and Industry:
(1) Whether he and his department have considered amending the Businesses
Act, Act 71 of 1991, with regard to the approval of business
licences to allow for the consideration of location in terms of
(a) proximity to schools and churches for certain businesses,
(b) participation in decision-making and (c) discretionary
powers for local municipalities, especially as the Businesses
Act became law in 1991 before pornography was legalised and
does not deal with issues arising from this type of business;
(2) Whether consideration has been given to providing for local
authorities, acting with public participation, to be
responsible for regulating the adult entertainment industry in
their own areas;
(3) Whether amendments to this legislation have already been proposed by
his department; if so, (a) when will they be published for
public comment and (b) when does he expect the legislation to
be tabled in Parliament? NW1016E
Response:
(1)(a)-(c) The Department of Trade and Industry has published for
consultation the Licensing of Businesses Bill, which is in the
process of being finalised taking into account the extensive
input received from stakeholders. The revised Bill will be
published for final comments and proceed to be introduced into
Parliament. The Bill will provide for national norms and
standards on the registration of businesses by municipalities,
and allow for regulations to guide the nature and type of
businesses to be approved in various locations by
municipalities.
(2) The proposed amendments will deal with norms and standards and
provide the framework for municipalities to regulate the nature
and type of businesses that are operated and the creation of a
register of businesses operated in municipalities.
(3)(a) The amendments to the Businesses Act of 1991 were published for
public comments, and a revised bill will be published for final
comments this year.
(b) The proposed amendments are on the Parliamentary Programme for
2014/2015 financial year.