| No. and year | Title | Extent of repeal or amendment |
|---|
| Cape of Good Hope | | |
|---|
| Ordinance No. 16 of 1976 | Shop Hours Ordinance, 1976 | 1.The amendment of section 1—(a)by the insertion after the definition of "council" of the following definition:"‘hawker’ means any person who, whether as principal, employee or agent, carries on business by selling goods—(a) which he conveys from place to place, whether by vehicle or otherwise;(b) on a public road as defined in section 1 of the Road Traffic Act, 1989 (Act No. 29 of 1989), or at any other place accessible to the public; or(c) in, on or from a movable structure or stationary vehicle;";(b)by the deletion of the definition of "Licences Ordinance";(c)by the deletion of the definition of "public holiday";(d)by the substitution for paragraphs (a) and (b) of the definition of "shop" of the following paragraphs, respectively:"(a)"an auctioneer or a barber or hairdresser trades; and(b)a person engages in the sale or supply of goods manufactured or produced by himself;"; and(e)by the deletion of the definition of "weekday".2.The amendment of section 4—(a)by the substitution for paragraph (a) of subsection (1) of the following paragraph:"(a)on a Sunday or religious public holiday;";(b)by the deletion of paragraphs (b), (c), (d) and (e) of subsection (1); and(c)by the substitution for subsection (2) of the following subsection:"(2)The provisions of subsection (1) shall not apply to [the holder of a licence contemplated by item 32 of the First Schedule to the Licences Ordinance] a hawker: Provided that no [such holder] hawker and no employee or agent of [such holder] a hawker shall trade in any goods other than the goods mentioned in Schedule 1, whether in a shop or otherwise, [(a)] on a Sunday or religious public holiday [or (b) earlier than six o’clock in the forenoon or later than nine o’clock in the afternoon on any weekday].".3.The repeal of sections 5 and 6.4.The substitution for section 7 of the following section:"7. Exemption from prohibition of trade on certain religious public holidays(1)A council may, on application by any shopkeeper trading in a shop situated at a place which in the opinion of such council is a public resort, place of rest, seaside resort, caravan park, holiday centre, holiday camp or picnic place, exempt such shopkeeper in respect of any year [(a)] from the provisions of section 4(1)(a) in relation to trade in such shop on religious public holidays in such year [under any licence issued to such shopkeeper in terms of the Licences Ordinance, or (b) from any determination in terms of section 8(1)(a) which applies to such shopkeeper].(2)An applicant for exemption under subsection (1) shall furnish the council with the grounds for his application, full particulars in respect of the class of goods in which he normally trades and such further information as the council may require.(3)No application under subsection (1) shall be granted unless the council is satisfied that at the place where the shop is situated there is a reasonable need for the supply to the public [in the case of an application (a) under subsection (1)(a), on public holidays other than] on religious public holidays, of goods [which may be sold under the licence concerned, and (b) under subsection (1)(b), at times to which the relevant determination relates, of goods] in which the applicant normally trades.(4)[There shall be payable to the council concerned in respect of every exemption in terms of—(a)subsection (1)(a), an amount equal to fifty per cent of the licence fee payable in terms of the Licences Ordinance in respect of every licence to which such exemption relates, and(b)subsection (1)(b), an amount of ten rands.(5)The council shall cause every exemption granted in terms of subsection (1) (a) and the amount paid in respect thereof in terms of subsection (4) (a) to be endorsed on every licence to which such exemption relates.](6)If a council refuses any application in terms of subsection (1), the applicant may in the manner and within the period prescribed by regulation appeal to the Administrator against the decision of the council".5.The repeal of sections 8, 9 and 10.6.The amendment of section 11—(a)by the substitution in subsection (1) for the words preceding paragraph (a) of the following words:"[Subject to the provisions of subsection (3)] The provisions of section 4(1) shall not apply in respect of trading—";(b)by the substitution for paragraph (b) of subsection (1) of the following paragraph:""(b) in a shop [under a licence contemplated by item 11, 29 or 59 of the First Schedule to the Licences Ordinance] by a cafe or restaurant keeper in relation to the sale or supply of meals or refreshments for consumption on or off the business premises;";(c)by the insertion after paragraph (b) of subsection (1) of the following paragraph:""(bA) by a funeral undertaker;";(d)by the substitution for paragraph (eA) of subsection (1) of the following paragraph:""(eA) by [the holder of a licence contemplated by item 31 of the First Schedule to the Licences Ordinance] a general dealer in a shop solely in relation to orders placed by, on behalf of or for the account of the owner of a seagoing vessel for delivery to such vessel;";(e)by the deletion of subsection (3); and(f)by the deletion of subsection (5).7.The amendment of section 13 by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:"A council may on application by any [holder of a licence contemplated by item 40 of the First Schedule to the Licences Ordinance] person register such [holder] person for the purpose of this section if it is satisfied that the applicant—".8.The repeal of section 14.9.The amendment of section 20 by the deletion of subsections (2), (4) and (5). |
| Ordinance No. 17 of 1981 | Licences Ordinance, 1981 | The repeal of the whole. |
| Ordinance No. 12 of 1985 | Licences Amendment Ordinance, 1985 | The repeal of the whole. |
| Ordinance No. 19 of 1986 | Licences Amendment Ordinance, 1986 | The repeal of the whole. |
| Natal | | |
|---|
| Act No. 24 of 1878 | Law to provide for the better Observance of the Lord’s Day, commonly called Sunday | The repeal of the whole. |
| Ordinance No. 11 of 1973 | Licences and Business Hours Ordinance, 1973 | 1.The amendment of section 1 by the deletion of all the definitions, except the definitions of “Administrator”, “business hours”, “closed”, “closed hours and open hours”, “goods” and “shop”.2.The repeal of Chapters II to V inclusive.3.The amendment of section 30—(a)by the substitution for the words preceding paragraph (a) of the following words:“The provisions of this Chapter shall not apply to—"; and(b)by the deletion of paragraph (l).4.The amendment of section 31 by the substitution for subsection (1) of the following subsection:"(1)The Administrator may, if he considers it desirable in the public interest, by notice in the Official Gazette exempt any shop or any category of shops from any or all of the provisions of this Chapter, either generally or in relation to the selling or supplying of such goods as may be specified in the notice.”.5.The repeal of section 33.6.The amendment of section 34 by the substitution for subsection (1) of the following subsection:"(1)Subject to [(a)] any designation in terms of section 32, [and (b) anything to the contrary in Schedule I contained] all shops shall be closed on Christmas Day, Good Friday, Easter Sunday, Ascension Day and the Day of the Vow.”.7.The repeal of sections 36, 37 and 38.8.The amendment of section 39—(a)by the deletion of subsection (2);(b)by the deletion in subsection (3) of the words “or the proceeds of the sale of any such goods in terms of section 38(2)”; and(c)by the deletion of subsection (6).9.The repeal of sections 40 and 41.10.The amendment of section 42 by the deletion of subsections (2), (3) and (4).11.The repeal of sections 43, 44 and 45.12.The amendment of section 46 by the deletion of subsections (1) and (3).13.The amendment of section 48 by the deletion of subsections (1) and (2).14.The repeal of sections 49 and 50.15.The amendment of section 52 by the deletion of the words “Licences and”.16.The repeal of Schedule I.17.The amendment of the long title by the deletion of the words “To provide for a new system for the licensing of businesses and occupations;”. |
| Ordinance No. 22 of 1985 | Statutory Bodies (Periods of Office) Ordinance, 1985 | The repeal of section 8. |
| Orange Free State | | |
|---|
| Ordinance No. 19 of 1952 | Shop Hours Ordinance, 1952 | 1.The amendment of section 1—(a)by the substitution for the definition of “hawker” of the following definition:“'hawker' means a person who , whether as principal, employee or agent, carries on [the] business [of a hawker in the manner contemplated in paragraph 2 of item 41 of Schedule 1 to the Licences Ordinance, 1972 (Ordinance No. 8 of 1972)] by selling goods—(a)which he conveys from place to place, whether by vehicle or otherwise;(b)on a public road as defined in section 1 of the Road Traffic Act, 1989 (Act No. 29 of 1989), or at any other place accessible to the public; or(c)in, on or from a movable structure or stationary vehicle;”;(b)by the deletion of the definition of “licence”; and(c)by the substitution for the definition of “normal trading times” of the following definition:“normal trading times’ means [the period between the hours of 05h00 and 23h00] any time on a business day;”.2.The repeal of section 4.3.The substitution for the first schedule of the schedule set out in the annexure to this Schedule. |
| Ordinance No. 8 of 1972 | Licences Ordinance, 1972 | The repeal of the whole. |
| Ordinance No. 14 of 1974 | Licences Amendment Ordinance, 1974 | The repeal of the whole. |
| Ordinance No. 7 of 1977 | Licences Amendment Ordinance, 1977 | The repeal of the whole. |
| Ordinance No. 5 of 1981 | Licences Amendment Ordinance, 1981 | The repeal of the whole. |
| Ordinance No. 8 of 1984 | Licences Amendment Ordinance, 1984 | The repeal of the whole. |
| Ordinance No. 14 of 1986 | Licences Amendment Ordinance, 1986 | The repeal of the whole. |
| Transvaal | | |
|---|
| Ordinance No. 19 of 1974 | Licences Ordinance, 1974 | The repeal of the whole. |
| Ordinance No. 17 of 1979 | Licences Amendment Ordinance, 1979 | The repeal of the whole. |
| Ordinance No. 10 of 1980 | Licences Amendment Ordinance, 1980 | The repeal of the whole. |
| Ordinance No. 5 of 1982 | Licences Amendment Ordinance, 1982 | The repeal of the whole. |
| Ordinance No. 12 of 1985 | Licences Amendment Ordinance, 1985 | The repeal of the whole. |
| Ordinance No. 8 of 1986 | Shops Hours Ordinance, 1986 | 1.The amendment of section 1—(a)by the deletion of the definition of “auctioneer”;(b)by the substitution for the definition of “hawker” of the following definition:“‘hawker’ means any person who [is the holder of a hawker’s licence in terms of item 41 of Schedule I to the Licences Ordinance, 1974, or who is required in terms of that item to have such a licence or who, were it not for the exemptions contemplated in paragraphs (A), (B), (C) and (D) of that item, would have been required to have such a licence], whether as principal, employee or agent, carries on business by selling goods—(a)which he conveys from place to place whether by vehicle or otherwise;(b)on a public road as defined in section 1 of the Road Traffic Act, 1989 (Act No. 29 of 1989), or at any other place accessible to the public; or(c)in, on or from a movable structure or stationary vehicle,and ‘hawk’ means to carry on business as a hawker;”;(c)by the substitution for the definition of “normal trading times” of the following definition:"‘normal trading times’ means [the period between the hours of 05h00 and 23h30 on] any other weekday and any other Saturday than Good Friday, Ascension Day, Day of the Vow or Christmas Day;” and(d)by the deletion of the definition of “public holiday”.2.The amendment of section 6—(a)by the deletion of paragraph (b) of subsection (1);(b)by the substitution in subsection (1) for the words following paragraph (b) of the following words:"sell or supply any goods referred to in Schedule III to this Ordinance and any other goods, excluding toilet requisites and other photographic apparatus than films, in which he [may trade by virtue of a pharmacist licence issued in terms of item 4 of Schedule I to the Licences Ordinance, 1974] normally trades.”;(c)by the substitution in subsection (2) for the words preceding paragraph (a) of the following words:"[The holder of a motor garage licence, issued in terms of item 28 of Schedule I to the Licences Ordinance, 1974] A person who carries on business in, on or from a motor garage by repairing, renovating, servicing or dismantling motor vehicles or spares thereof, or any employee of such a [licence holder] person, may at any time—”;(d)by the deletion of paragraph (b) of subsection (2); and(e)by the deletion of subsection (4).3.The amendment of section 7 by the deletion of subsections (2), (3) and (4).4.The repeal of section 8.5.The amendment of section 9—(a)by the deletion in subsection (1) of the words “or is authorized to trade after the closing hour in terms of section 7(2)”;(b)by the deletion in subsection (2) of the words “or, where applicable, outside the normal trading times as restricted in terms of section 8”; and(c)by the deletion of subsection (3).6.The amendment of section 11—(a)by the substitution for paragraph (c) of subsection (1) of the following paragraph:"(c)keeps open or opens a shop contrary to the proviso to section 7 (1) [or trades otherwise than in accordance with the authorization granted in terms of section 7 (2) or a condition, excluding the payment of any charges, imposed thereunder];”; and(b)by the deletion of paragraph (d) of subsection (1).7.The amendment of section 14 by the deletion of paragraph (e) of subsection (1).8.The amendment of Schedule I by the deletion in item 9 of the following words:"whether or not a licence is required in terms of item 12 of Schedule I to the Licences Ordinance 1974, for the sale thereof".9.The amendment of Schedule II by the deletion in column 1 of item 3 of the following words:"whether or not a licence is required in terms of item 12 of Schedule I to the Licences Ordinance 1974, for the sale thereof”. |
| Republic | | |
|---|
| Act No. 8 of 1917 | Lord’s Day Act (Natal) Amendment Act, 1917 | The repeal of the whole. |
| Act No. 38 of 1927 | Black Administration Act, 1927 | The amendment of section 30 by the deletion of paragraph (o) of subsection (2). |
| Act No. 101 of 1965 | Medicines and Related Substances Control Act, 1965 | 1.The amendment of section 22A—(a)by the substitution for subsection (1) of the following subsection:"(1)Subject to the provisions of this section, no person shall sell any medicine or Scheduled substance [unless he is the holder of a licence issued in terms of an ordinance of a provincial council or the territory on] except in accordance with the prescribed conditions [or he is employed by the holder of any such licence: Provided that nothing in this subsection contained shall be construed as requiring a medical practitioner, dentist, pharmacist or veterinarian to hold any such licence to sell any medicine or Scheduled substance in the course of lawfully carrying on his professional activities].”;(b)by the deletion of subsection (2); and(c)by the substitution in subsection (3) for the words preceding the proviso of the following words:"Any Schedule 1 substance, not being any such substance prescribed for the purposes of this subsection, shall not be sold by [the holder of a licence referred to in subsection (1)] any person other than a medical practitioner, dentist, pharmacist or veterinarian:".2.The amendment of section 35—(a)by the deletion of paragraph (xiii) of subsection (1); and(b)by the substitution for paragraph (xvi) of subsection (1) of the following paragraph:"(xvi)prescribing the conditions on which Schedule 1 substances or certain specified Schedule 1 substances may be sold [by a person other than a medical practitioner, dentist, veterinarian or pharmacist] under [a licence referred to in] section 22A(1);”. |
| Act No. 65 of 1976 | Financial Relations Act, 1976 | 1.The repeal of section 12.2.The amendment of Schedule 1 by the deletion of paragraph 7.3.The amendment of Schedule 2 by the substitution for paragraph 8 of the following paragraph:"8.The regulation of the hours of opening and closing of shops on a Sunday or on any public holiday mentioned in the Second Schedule to the Public Holidays Act, 1952 (Act No. 5 of 1952).”. |
| Act No. 102 of 1982 | Black Local Authorities Act, 1982 | 1.The amendment of section 56 by the deletion of paragraph (oA) of subsection (1).2.The amendment of the Schedule by the deletion in item 14 of the words “street trading and purveying and”. |
| Act No. 9 of 1987 | Rural Areas Act (House of Representatives), 1987 | 1.The amendment of section 26 by the deletion of paragraph (m).2.The amendment of section 27—(a)by the deletion in paragraph 14 of the words “for regulating the sale, preparation, manufacture, storing, keeping, conveying, handling and exposure for sale of food,”;(b)by the deletion of paragraphs (15) and (16);(c)by the substitution for paragraph (26) of the following paragraph:"(26)for [regulating fish markets and] appointing and regulating places to be used for the landing, gutting, curing and packing of fish, and for regulating the removal of refuse from such [markets and] places and from fish markets;”; and(d)by the deletion of paragraph (59).3.The repeal of section 39. |
| Act No. 29 of 1989 | Road Traffic Act, 1989 | 1.The amendment of section 98 by the insertion after subsection (1) of the following subsection:"(1A) The provisions of subsection (1)(e) shall not apply to any vehicle, other than a motor vehicle, while it is being used in carrying on the business of street vendor, pedlar or hawker, unless it exceeds such maximum weight, height, length or mass as may be prescribed.”.2.The substitution for section 116 of the following section:"116. Trading on public roadsExcept—(a) on or in premises [licensed] zoned or demarcated for that purpose by a competent authority in terms of any law; or(b) in such circumstances and in accordance with such requirements as may be prescribed, or determined by by-law,no person shall sell, display, offer for sale or deliver pursuant to a sale, any goods—[(a)](i) on or alongside a public road inside an urban area, within 180 metres of a railway level crossing or any road traffic sign denoting a blind corner or rise thereon or within [10] five metres from any intersection thereon; or[(b)](ii) on or alongside any public road outside an urban area:Provided that where a provincial administration is responsible for the maintenance of a public road inside an urban area, the competent authority of such urban area shall not [license] so zone or demarcate premises in such urban area situated alongside such a road, without the prior approval of the Administrator concerned.”.3.The amendment of section 133—(a)by the substitution for paragraph (b) of subsection (1) of the following paragraph:"(b)subject to the provisions of the Businesses Act, 1991, and any regulation or by-law made thereunder in relation to the restriction, regulation or control of the carrying on of the business of street vendor, pedlar or hawker, the stopping with and parking of any vehicle on any public road or portion thereof, including by-laws relating to the installation, regulation, supervision, maintenance and control of parking meters and parking places;”; and(b)by the substitution for paragraph (e) of subsection (1) of the following paragraph:"(e)subject to the provisions of the Businesses Act, 1991, and any regulation or by-law made thereunder in relation to the restriction, regulation or control of the carrying on of the business of street vendor, pedlar or hawker, any public road which is not to be used by any vehicle, either generally or at specific times;”;. |
| Proclamation No. 208 of 1989 | Removal of certain licensing and shop hours restrictions on economic activities | The repeal of the whole. |
