Businesses Act, 1991 (Act No. 71 of 1991) > Schedules > Schedule 3 : Laws Repealed or Amended (Section 7)

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 lie 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 "week-day".

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 a hawker: Provided that no hawker and no employee or agent of a hawker shall trade in any goods other than the goods mentioned in Schedule 1, whether in a shop or otherwise, on a Sunday or religious public holiday.".

3)	The repeal of sections 5 and 6.

4)	The substitution for section 7 of the following section:

"Exemption from prohibition of trade on certain religious public holidays

7. (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 from the provisions of section 4 (1) (a) in relation to trade in such shop on religious public holidays in such year.

(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 on religious public holidays, of goods in which the applicant normally trades.

(4)…

(5)…

(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:

"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 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 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 person register such 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 any designation in terms of section 32, 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 1.

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 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

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 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

Shop 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, 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

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 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 normally trades.";

by the substitution in subsection (2) for the words preceding paragraph (a) of the following words: "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 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);"; 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 1 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 except in accordance with the prescribed conditions.";

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 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 (I) of the following paragraph:"

"(xvi) prescribing the conditions on which Schedule 1 substances or certain specified Schedule 1 substances may be sold under section 22A (I );".

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 deletion of paragraphs (15) and (16);

c)	by the substitution for paragraph (26) of the following paragraph:

"(26) for 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 places and from fish markets;"; and

d)	by deletion of paragraph (59).

3)	The repeal of section 39.

Act No. 29 of 1989

Road Traffic Act, 1989

[Repealed by section 93 (1) of Act No. 93 of 1996.]

Proclamation No. 208 of 1989

Removal of certain licensing and shop hours restrictions on economic activities

The repeal of the whole.