Support our efforts to promote freedom of commerce during Covid-19
Sakeliga embarked on a decisive lawsuit against the government’s lockdown regulations two weeks ago. The High Court was requested to order that the government cannot instruct organs of state to issue licences, permits or certificates under the state of disaster, and also cannot require businesses to have same, apart from the permits issued by businesses themselves. This request was important in the light of the ostensible authority of law enforcers are to demand a CIPC certificate, permit or licence for essential or permitted products and services. Sakeliga further requested the High Court to set aside regulations promulgated by the minister of small business development on 12 May. The regulations provide that several types of business, including so-called (and yet undefined) small bakeries, confectioneries and hardware stores as well as informal and micro restaurants and shisanyamas, and trades and artisanry businesses are not allowed to do business without a licence issued by a municipality.
In the aftermath of Sakeliga’s victory in court on the 1st of June and Minister Ebrahim Patel and the CIPC’s pre-emptory withdrawal of the CIPC certificate system on Sunday, businesses are now free trade with only their self-issued permits, and without government licences relating to the State of Disaster. No enforcement agency may require a CIPC certificate or any other licence that was not required before the State of Disaster was declared (judgement linked to below).
In the judgement, the unwithdrawn regulations by the Minister of Small Business Development were set aside, and the unlawful status of any would-be CIPC certificate enforcement was confirmed. Judgement was awarded with costs.
The court case is a victory for freedom to do business in South Africa. Under the guise of a medical crisis, the state was implementing a general system of business licensing in South Africa.
Sakeliga wishes to thank its members, the public, and all business owners who supported this application – including those who served as deponents for supplementary affidavits. Ultimately, this victory belongs to them.
We invite members of the public who, in light of the victory in court, still want to make donations to Sakeliga and/or wish to be contacted about membership, to consider the options below.
Click here for the judgement as handed down.
Piet le Roux, HUB van Sakeliga, het Saterdag op RSG Naweekaktueel gepraat.
| Luister | "Piet le Roux, HUB van Sakeliga, het Saterdag op RSG Naweekaktueel gepraat oor Sakeliga se opkomende regsaksie teen die regering oor die onregmatige toedrag van sake dat besighede, organisasies sonder winsoogmerk, eenmansake en ander organisasies of individue wat nie by die CIPC geregistreer is nie, vir sertifikate op die CIPC se webblad moet aansoek doen. Luister gerus na die onderhoud hier."Posted by Sakeliga on Tuesday, 19 May 2020
Download our court papers here
This court case was made possible by Sakeliga members and benefactors’ initial contributions. If you would like to contribute on a once-off basis towards similar action in the future, please use these banking details. Your contributions to Sakeliga are tax deductible.
SWIFT: ABSA ZA JJ
To request a tax certificate, send an email with your name, surname and ID number, or your company information, as well as address to firstname.lastname@example.org. Also mention the amount, date of deposit as well as the unique bank reference you used.