Ekurhuleni cracks down on illegal street trading in Primrose

The EMPD By-Law Compliance Unit confiscated goods from informal traders operating without valid permits during a permit verification and enforcement operation in Primrose.

The operation started along Mimosa Street and moved towards Pretoria Road on March 11, where officers targeted traders selling perishable and non-perishable goods on the roadside without the required trading permits.

Unregistered traders had their goods confiscated, while registered traders who were found with permits close to expiry were issued verbal warnings.

All confiscated goods were transported to the Boksburg pound for safekeeping.

According to the City of Ekurhuleni, the operation forms part of ongoing by-law enforcement initiatives conducted across the metro.

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City spokesperson Zweli Dlamini said the operation follows compliance requirements under the Business Act 71 of 1991 and forms part of the Mayoral Outreach and By-Law Enforcement programme currently being rolled out throughout the city.

Dlamini said the city regularly hosts workshops with business owners and also conducts individual visits to business premises to educate traders on compliance requirements.

“This programme forms part of a long-term strategy aimed at encouraging businesses to comply with municipal by-laws and regulatory requirements,” he said.

Weekly compliance operations

Dlamini explained that enforcement operations are conducted weekly across residential, commercial and retail areas within the city.

“For street traders, street trading committees and associations are consulted while business chambers are also engaged. However, operational details and logistics are not disclosed beforehand,” he said.

Among the most common contraventions identified during these operations include violations of the Business Act, building regulations, town planning laws, environmental health standards and EMPD by-laws.

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Trading without a valid business licence or trading permit remains illegal. Businesses selling food must also comply with health regulations by obtaining a Certificate of Acceptability.

Street traders are prohibited from operating in restricted areas or from trading without valid permits.

Compliance warnings and closures
Dlamini said enforcement actions depend on the nature of the violation.

“If a building structure is considered dangerous, the business may be closed immediately. Zoning violations typically allow between 21 and 31 days for compliance, while trading permit or licence violations require immediate compliance.

“Failure to comply with written instructions may result in further enforcement action.”

ALSO READ: Ekurhuleni Informal and Street Trading Policy supports local entrepreneurs

Licensing requirements for traders

“To trade legally within designated areas, traders must obtain the required permits and documentation.”
For a hawker permit, applicants must provide:
• A valid ID or residence document issued by the Department of Home Affairs.
• Proof of address.
• A municipal water and electricity statement.
To obtain a business licence, applicants must submit:
• A valid ID or residence document.
• Proof of business address.
• Business registration documents.
• SARS tax compliance documents.
• Proof of legal occupation of the premises.
• Businesses handling food must also obtain a Certificate of Acceptability.
• Foreign nationals may also apply for trading permits under the same conditions as South African citizens.

Enforcement statistics

According to the city, enforcement operations typically result in the closure of at least 10 shops and the removal of approximately 30 street traders during each operation.

Records of confiscated goods and the affected traders are maintained by EMPD.

Dlamini said that about 30% of businesses comply with regulations after enforcement operations, while others ignore warnings until the next inspection.

“Perishable goods that are not claimed are destroyed through the city’s waste management process, while traders can reclaim confiscated items after paying the required fines and complying with the relevant regulations.”

Liquor trading compliance

Liquor compliance is also monitored during enforcement operations. Authorities verify whether businesses have the correct zoning permissions and valid liquor licences.

Other law enforcement agencies such as the Liquor Board, Border Management Authority, counterfeit goods units and the SAPS, may also participate in joint operations.

ALSO READ: City policy supports informal and street-trading entrepreneurs

Support for informal traders

The city says it has programmes in place to assist informal traders in becoming compliant businesses.

Departments present by-laws and policy requirements during workshops, while the SMME Development programme provides training support. Funding opportunities are available through provincial and national government agencies.

The city has also demarcated specific trading zones across various areas where informal traders can operate legally. Allocation of trading spaces is based on availability and operates on a first-come, first-served basis.

Currently, the city estimates that about 2400 traders operate within the designated street trading system.

Application process

Traders wishing to operate legally can apply through any of the city’s 20 customer care centres or via the city’s online application system. The applications are handled by the Economic Development Department.

A street trading permit costs R236, while a business licence costs R1078 and is valid for 12 months.

The application process typically takes about 21 days.

The city says public awareness campaigns are also underway to educate traders on how to comply with municipal regulations.