With the clock ticking for rural and township spaza owners and vendors to register their businesses, government has provided a guide for entrepreneurs on how to approach the process of applying for a traders' permit.

Last week, President Cyril Ramaphosa called for all spaza shops and food-handling facilities to register with their respective municipalities as part of decisive measures to address the recurring foodborne illnesses that have claimed the lives of at least 22 people, including children, across the country.  

The interventions, the President explained, are aimed at getting hazardous pesticides off the street, protecting children from exposure to these substances, and preventing future outbreaks.
To ensure compliance, the President last Friday ordered that all spaza shops and food-handling facilities register with their respective municipalities within 21 days.

Small business owners can follow these guidelines to ensure that they are compliant with government regulations:
1.    Registration for trading permits for spaza shop owners and vendors is done in municipality offices or designated sites that the municipalities will communicate to residents.
2.    All spaza shop owners and vendors must register with their respective municipalities from 15 November to 13 December 2024.
3.    Application forms for registration or permits to conduct business can be accessed physically at the municipal offices or on the municipality website.
4.    The completed application form is to be received only by the municipal manager or a delegated official within a municipality.
5.    The completed permit application should contain the business owner's full name, surname, gender, and disability status.
6.    Other details that must be included in the application for a trading permit are:
a.    the identity number of the business owner;
b.    the physical and postal address of the business concerned;
c.    location where the business will be operated;
d.    the description of the goods or services that the business will be selling or providing to the community;
e.    the citizenship status of the applicants and
f.    the passport number, section 22 asylum seeker permit, section 24 refugee permit, and a valid visa allowing foreign nationals to be in the Republic to work or conduct business.
7.    The applicant must provide an affidavit stating that he/she is not engaged in the trade of illegal goods, as defined in this by-law and that his/her business will operate according to the applicable norms and standards.
8.    The municipality may conduct background checks on applicants, in collaboration with law enforcement agencies, to verify the legality of their business activities.
9.    After the application has satisfied all the conditions stated by the municipality, the business owner will be issued a registration card or permit that must be always displayed and be available for inspection.

Reporting illegal business practices
Municipalities are also expected to communicate to residents a complaints procedure that can be used by residents and community members to report illegal business practices by the business establishment.

This complaints procedure will also include details about the appeals process for the application process.
According to the Immigration Act of 2002, it is a criminal offense to assist or enable an illegal foreigner to conduct any business in the Republic of South Africa.
It is also a criminal offense to assist an illegal foreigner to obtain a licence for him/her to conduct any business.

Eighteen employees of the Department of Home Affairs were dismissed with immediate effect for corruption, fraud and sexual harassment. File Picture: Ayanda Ndamane / Independent Newspapers

Spokesperson for the Department of Home Affairs Duwayne Esau, said another another four officials were issued with final written warnings and another two officials received written warnings.

He said the dismissal shows the department’s firm stance on the fight against gender-based-violence.

South Africans can now purchase real estate using crypto-currency, in what is being dubbed a first for the local property market.

This, after a solution created by Broll Auctions and Sales, Schindlers Attorneys and Schindlers Digital Assets combines property, legal and financial services into a single, streamlined offering.

The solution allows crypto-currency holders to convert digital assets into property ownership, while ensuring compliance with the country’s financial regulations.

The announcement comes as the value of crypto-currencies continues to rise following the election of Donald Trump as the next US president.

When campaigning, Trump promised to create a more friendly regulatory environment for the industry and pledged he will make the US the “crypto capital of the planet”.

Since Trump became president-elect, the price of Bitcoin, the world’s most popular crypto-currency, has risen to a new high of over $90 000 (R1.6 million).

South Africa is emerging as a leader in adopting crypto-currency as a viable alternative to traditional payment methods, from grocery purchases to utility payments.

“At Broll Auctions and Sales, we are excited to be the first to offer our clients this modern payment solution that aligns with our commitment to technological innovation in the commercial property sector,” says Norman Raad, CEO of Broll Auctions and Sales.

“Crypto-currency adds a dimension to real estate transactions, simplifying the process and broadening the market beyond traditional investors.”

Schindlers Digital Assets, a registered financial services provider, facilitates the conversion of crypto-currency into fiat currency.

Once the crypto-currency is converted, Schindlers Attorneys handles the conveyancing and property transfer, ensuring the process remains legally sound.

“This collaboration is perfectly timed as digital currencies gain wider acceptance in mainstream financial systems,” says Candice Dawkshas, CEO of Schindlers Digital Assets.

“With more investors holding substantial crypto assets, the demand for using these assets in traditional sectors like real estate has never been higher.”

Maurice Crespi, partner at Schindlers Attorneys, says the partnership is “a landmark moment for property transactions in South Africa, integrating crypto-currency into the legal framework governing property purchases”.

The first opportunity to explore real estate transactions through crypto-currency will be at a Broll Auctions and Sales auction, in Johannesburg, on 21 November.

Meanwhile, local crypto-currency exchanges are expecting a surge in digital currency use on Black Friday.

Luno this week announced that users can earn crypto rewards when they pay using Luno Pay at any Pick n Pay store across South Africa.

Rewards are paid out instantly in Tether (USDT), with up to 10% USDT back when users pay with USDT and 5% USDT back when they pay with Bitcoin, with a minimum R100 spend and a maximum 30-day payout of 50 USDT (around R900).

According to Luno, crypto-currency is rapidly becoming a crucial tool for financial inclusion in Africa, where there is limited access to traditional banking services.

In Africa, it notes, crypto has penetrated key markets and become important to many residents’ daily lives.

According to Chainalysis, stablecoins now account for about 43% of Africa’s total transaction volume, reflecting a growing demand for efficient financial solutions and gateways to the global financial system.

Binance points out that this Black Friday, crypto-enabled payments are expected to be at the forefront of consumer spending, especially for premium and collectible items.

The crypto platform notes that with last year’s trends indicating a strong preference for high-end fashion and dining, consumers are increasingly adopting crypto wallets and digital assets for their purchases, reflecting a shift toward mobile-based, seamless transactions.

In 2023, Binance observed that premium apparel and collectible items dominated consumer purchases through its gateway, followed closely by spending in food outlets.

“Black Friday has always been a timefor high-value purchases, and with crypto transactions increasing, we’re seeinga new wave of consumers taking advantage of the ease and security that mobilecrypto wallets provide,” says Hannes Wessels, country manager for Binance.

“This year, we anticipate significant growth, particularly as mobile adoption becomes more widespread.”

Proposed regulations for short-term rentals in South Africa could affect the entire industry, causing many to consider whether remaining in the market is viable and making others sceptical of buying into it.

This is according to Only Realty Property Group CEO Grant Smee, who spoke to Cape Talk about the proposed regulations.

“Ultimately, like any hospitality industry, your money is made on vacancy levels and the fewer nights you are empty, the more money you make,” said Smee.

“If the government limits how many nights you can rent the property out, that’s going to be a massive issue for almost all Airbnb owners.”

Smee is referring to regulations proposed by Airbnb in a report released at the beginning of October. The report provided case studies on how South Africa can regulate the short-term rental market.

These included limiting the number of nights owners can rent their property for if done on a short-term basis and creating a national registry of all short-term rentals.

This followed backlash from Cape Town residents after claims that many felt they were being priced out of the city due to short-term rentals pushing up property prices.

“There is a large speculative market when it comes to Airbnb. On the rental side, hosts will rent a property and then re-rent on Airbnb, pushing up the long-term rental prices and limiting stock for renters,” said Smee.

“There are also speculators and investors buying property for Airbnb, often paying a premium for that property because the returns are much higher on the platform. This also pushes prices up.”

Smee pointed to the example of the Atlantic Seaboard area — which includes areas like Camps Bay and Seapoint — where any available property suitable for Airbnb is snatched up. He said this created ongoing momentum of price increases.

He was asked how property rights play into the matter, regarding how one should be allowed to do with their property or investment as they please.

To this he replied that while there may be an argument for this on the individual level, one needs to consider how this is affecting the market as a whole.

Airbnb concerns in Cape Town

Data analyst Melville du Plessis recently compared the number of long-term rentals to short-term rentals in Cape Town Metro.

Of the 7,918 rentals available in the 61 square kilometre area, only 547 are long-term rentals or 6.9%.

While this metric does not compare total short-term listings to total long-term listings, it illustrates the supply of long-term listings.

It also excludes areas generally out of reach of most people’s budgets, such as Camps Bay, Fresnaye, and Clifton.

Short-term rentals prove far more lucrative when looking at the difference in return between the two markets.

Comparing the average daily rate, short-term rentals were 271% more expensive than long-term rentals.

Looking at the monthly return of short-term rentals and assuming a 50% occupancy rate, only three of the ten suburbs offer a higher income from long-term rentals.

Therefore, Capetonians are incentivised to list their properties on Airbnb and similar platforms rather than as long-term rentals.

However, buying up or controlling over fifty properties to take advantage of this opportunity raises questions about the unintended consequences caused by the platform.

In their original pitch deck to investors, which helped them secure $600,000 (R10.5 million), Airbnb founders Brian Chesky, Joe Gebbia, and Nathan Blecharczyk used the slogan “book rooms with locals rather than hotels.”

The three believed their platform would help travellers save money, hosts make money, and tourists experience the culture, as hotels create a disconnect from the city.

In its report, Airbnb mentioned that 49% of hosts said the extra income helped them afford their homes, and 50% said it helped them afford the rising cost of living.

Here, it emphasised that its platform supports South African homeowners by allowing them to earn an extra income and cope with the rising cost of living. However, its top six Cape Town profiles own and control a combined 681 listings.

Of these 681 listings, 678 are entire houses or apartments, according to data from Inside Airbnb.

Public consultations on proposed new marriage laws has kicked off in Gauteng; and its provisions and omissions has already sparked some fierce debate

In South Africa, marriages are currently governed by three separate laws, each addressing different types of unions:

1. The Marriage Act: Covers monogamous marriages between opposite-sex couples.
2. The Recognition of Customary Marriages Act: Applies to marriages conducted under African customary law, which can include polygynous marriages, and also only covers opposite-sex couples.
3. The Civil Union Act: Allows for monogamous partnerships, including both same-sex and opposite-sex couples.

In 2021, the Department of Home Affairs began a process to unify these different laws into a single “umbrella” marriage policy.

The proposed Marriage Bill aims to create a unified, system for all marriages in South Africa.

Proponents say it addresses the inequalities of the current system, which treats different types of marriages (civil, customary, and Muslim) differently.

“The Marriage Bill seeks to harmonise all the different marriage laws into one, accommodating all cultures and religious beliefs,” said Parliament’s Portfolio Committee on Home Affairs in a recent statement.

This is argued to ensure Section 9(3) of the Constitution (which prohibits unfair discrimination based on factors such as sex, sexual orientation, race, culture, and religion) is fully realised. 

The department has argued that the Bill also ‘modernises outdated laws’, simplifying the process and removing restrictions on marriage ceremonies, raising the minimum marriage age to 18, aligning with international standards, and protecting children’s rights by criminalising child marriage.

A more in-depth discussion of the provisions can be found below:

New marriage laws for South Africa coming

However, the bill has faced criticism for various reasons: with one side arguing that it is “too liberal” with its same-sex provisions, while others have expressed concerns exist about its potential to exclude certain groups.

These concerns include (but not limited to) the requirement for all marriages to be registered, which may be difficult for women in customary marriages, the lack of clear recognition for Muslim marriages, and the exclusion of domestic partnerships.

Public hearing backlash (and support)

The Parliamentary Committee said that at the meeting in Tshwane, several religious leaders, cultural activists, and general members of the public expressed reservations.

During the public hearings in Tshwane, “speakers held strong religious and cultural views and argued against some provisions in the bill such as same-sex marriage and polyandry,” said the committee.

Some argued that Bill in its current form would “undermine culture and tradition, which do not recognise the concept of polyandry and marriage between people of the same gender,”

There were also those who felt there was no need for a single legislation to govern all types of marriages, as this could undermine some cultural and religious right.

“The religious leaders felt very strongly about proposed plans in the Bill to prevent Department of Home Affairs’ officials from refusing to conduct marriages that go against their personal beliefs, this was seen as a violation of religious rights,” said the committee.

“A proposal was made for an exemption to ensure people are not penalised for their beliefs,” they added.

Some said that the Bill was “too liberal, and they proposed that a law must have limits, instead of allowing and legalising every societal trend.”

The Bill also faced criticism for not addressing ‘ukuthwala’, a traditional practice where women are abducted for forced marriages.

Critics called for its outlawing, especially as it often involves underaged girls marrying older men.

There were also calls for the Bill to include measures against fraudulent marriages, particularly those involving South African women and foreign men for citizenship purposes.

Additionally, some public submissions suggested raising the legal marriage age from 18 to 21 or 25, arguing that 18-year-olds are often still in school.

Looking at Ekurhuleni, several residents urged the Portfolio Committee to include protections for people cohabiting with their partners in the Marriage Bill, citing the risks faced by women and children when these relationships end.

They called for provisions to safeguard property and rights in such arrangements.

The Bill received mixed reactions in Ekurhuleni: supporters praised it for promoting equality and aligning marriage laws with constitutional rights, including the legal age of marriage at 18, in line with international standards.

However, they criticised the proposed penalties for child marriage as too lenient.

Opponents argued the Bill fails to fully address Muslim marriages, leaving legal uncertainty for Muslim women.

They called for clearer provisions on recognising various marriages and regulating polygamous marriage consent.

The committee will today conclude the Gauteng public hearings with two hearings in Mogale City and Midvaal Local Municipality.

The committee invites all interested individuals and organisations to come and share their views.