The Level of Government That Makes By-Laws for Street Trading in South Africa

The Level of Government That Makes By-Laws for Street Trading in South Africa.

Street trading plays a vital role in the South African economy, offering livelihood opportunities to a large section of the population. Regulating street trading involves creating by-laws that govern where, when, and how trading can occur. In South Africa, this responsibility falls on a specific level of government.

The Level of Government That Makes By-Laws for Street Trading in South Africa

The level of government that makes by-laws for street trading in South Africa is the Local Government. Local municipalities are responsible for creating, implementing, and enforcing regulations concerning street trading within their specific jurisdictions. This includes setting rules about permitted trading areas, trading times, health and safety standards, and licensing requirements.

Levels of Government in South Africa

In South Africa, government is constituted at three levels:

  1. National Government: Deals with country-wide legislation and policies.
  2. Provincial Government: Responsible for matters that concern the individual provinces.
  3. Local Government: Focuses on community needs within specific municipalities.

Local Government and Street Trading By-Laws

Responsibility for Street Trading

The responsibility for regulating street trading, including the creation of by-laws, falls under the Local Government. Municipalities are tasked with the creation, implementation, and enforcement of street trading by-laws.

Reasons for Local Control

  1. Understanding Local Needs: Local governments are closely connected to the communities they serve and are therefore better positioned to understand the specific needs and nuances of street trading within their jurisdiction.
  2. Customized Regulations: Different municipalities may have varying requirements and challenges related to street trading. Local control allows for the creation of by-laws that are tailored to the unique circumstances of each area.
  3. Enforcement and Compliance: Local governments have direct control over municipal police and other resources necessary for enforcing by-laws related to street trading.

Examples of Street Trading By-Laws

Different municipalities in South Africa have enacted specific by-laws for street trading. These can include regulations concerning:

  • Permitted and prohibited trading areas.
  • Trading times.
  • Health and safety standards.
  • Licensing requirements.

For example, the City of Johannesburg has specific by-laws governing informal trading, detailing rules about permits, prohibited conduct, and penalties for non-compliance.

Conclusion

The level of government that makes by-laws for street trading in South Africa is the Local Government. Through their close connection to the communities, they are well-positioned to create, implement, and enforce regulations that cater to the specific needs and challenges of street trading within their jurisdiction. By doing so, local governments aim to balance the vital economic role of street trading with the need to maintain order, safety, and fairness within public spaces.

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