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  • 18 Sep
    2021

Business Regulation and Governance

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Business Regulation and Governance

Implements the Constitutional mandate of the Province within the Regulated industries in relation to regulating Trade, Consumer Protection, liquor licencing and gaming and betting; (policy and legislation function only), to ensure that an equitable and socially responsible business environment is developed and sustained which is supportive of growing the economy thereby contributing to job creation within priority sectors of the economy.

The Business Regulations & Governance unit has three (3) sub programmes, namely Regulation Services, Consumer Protection Services and Policy and Legislation. The purpose of Business Regulations is to manage and implement the Constitutional legislative mandate of the Province in relation to liquor and Gaming and betting (policy and legislation function only), consumer and regulation services (formal and informal businesses) in terms of applicable liquor, consumer and business legislation. The programme also has oversight over two entities, viz; KZN Liquor Authority (KZNLA) as well as KZN Gaming and Betting Board (KZNGBB) in terms of Policy & Legislation, and is represented as a shareholder representative on their respective boards.

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Consumer Protection Services

is responsible for:

  • Business Inspections to ensure compliance and enforcement and also to ensure that goods sold are safe for use or consumption. Inspections are held at Port of Entry inspections and within the business environment. In 2020/21, a total of 509 businesses were inspected to ensure compliance, also to educate businesses on the “dos and don’ts” of trading. This is an active function which has been highlighted often in the media and creating awareness of the indiscretions of business, thus holding businesses accountable to their consumers.
  • Complaints Handling - assists consumers with any consumer issues experienced by consumers such as excessive pricing of commodities; unfair business practices and trading in non-compliance with the Consumer protection legislations, poor service from retailers, manufacturers and service providers, etc. All complaints must be in writing prior to investigations. During the recent COVID 19 pandemic the unit was highly successful in securing victories for consumers on matters pertaining to the exorbitant price increases on sanitizers, masks, vitamins, ginger and garlic, meat, inflated costs of burials and funerals along with unscrupulous funeral T&C’s on policies. Unscrupulous businesses have been fined and consumers had been refunded where applicable.
  • Consumer Education – various education workshops on the rights of consumers are held throughout the Province. Consumer education officers can occasionally be found within shopping malls to sensitise consumers to be mindful of spending patterns; and create awareness of their rights to fair business practices;
  • Consumer Tribunal/Court is a forum consisting of lawyers and advocates adjudicating consumer complaints on behalf of consumers against unscrupulous businesses and assists with mediation between consumer and service provider to resolve consumer issues (ADR: Alternate dispute resolution)
Consumer Protection Services

NOTE: All KZN residents including employees within EDTEA are consumers and have equal rights to:

  • Equality and protection against discriminatory market practice: Obtaining free and unlimited access to goods and services, high quality goods and fair pricing.
  • Privacy: By restricting unwanted direct marketing (sms’s, telephone calls, emails etc).
  • Choose: By selecting the supplier of your choice; cancelling / renewing fixed term agreements and cancelling direct marketing within cooling off period.
  • Disclosure of information: By being given information in a plain and understandable language, prices of goods and services.
  • Fair, responsible marketing: Against bait, negative, direct and catalogue marketing.
  • Fair, honest dealings: By being protected against false, misleading or deceptive representations, unconscionable conduct, fraudulent schemes, overselling, and overbooking.
  • Fair, just and reasonable terms and conditions: By being protected against unfair, unreasonable or unjust contract terms; Free copies of contacts/agreements, notice of terms and conditions.
  • Fair value, good quality and safety of: Goods and services and warranties.
  • Accountability of suppliers: By being protected in matters relating to lay by agreements, prepaid certificates and vouchers.
Regulation Services

Is responsible for the regulation and support of businesses (formal and Informal Trade); ie.

  • Implementation of Business Act
  • Identify and address Red Tape associated Business compliance
  • Conduct Business Inspections
  • Assist Local Municipalities to issue Business Licenses
  • Monitor implementation of Provincial Informal Economy Policy
  • Facilitate development of Municipal Informal Economy Policies & bylaws
  • Facilitate stakeholder partnership towards the support of the sector
  • Research and Development At a high level the following are implemented by Regulation services
  • Assistance to businesses to register their businesses with CIPC at our offices
  • Coordinate inspections with municipalities and other multidisciplinary stakeholders (SAPS, Environmental health, Dept. of labour, dept. of Home affairs etc. ) to ensure compliance within the following economic sectors – Clothing and textile, FMCG (Fast moving consumer goods – retail sector), Financial services sector, trucking industry, Tourism sector, Liquor and gaming and betting industries etc) In 2020/21 a total of 357 inspections were conducted;
  • Business support services ( capacity building ) to entrepreneurs within the informal sector;
  • Online information management system which assists municipalities, formal and informal businesses to have real time processing of business licences and informal trader permits.
Policy & Legislation:

Promotes and maintains an effective and efficient regulatory system for the Liquor Industry; Gaming and Betting industry; Consumer and Regulation services. This unit currently assists on the following functions –

  • Processing of appeals to MEC emanating from unsuccessful liquor license applicants and gaming and betting applicants;
  • Processing of contingencies and events which can be legally classified for betting purposes;
  • Processing legislative amendments to KZN Liquor Act and KZN Gaming and Betting legislation;
  • Coordinating and facilitating the rationalization process of KZNLA and KZNGBB