The JB Marks Local Municipality in the North West has closed three foreign-owned businesses in Potchefstroom after it was discovered that their owners don’t have proper documents.
When the authorities did an inspection on Tuesday, they found some businesses belonging to foreign nationals were not complying with the by-laws according to Community Safety Director Ofentse Masibi.
Masibi said some of the businesses start operations without first obtaining licences and paying the necessary fees to the municipality.
“Once we find that they are operating without a business licence we close them immediately”.
Masibi said the inspection was part of a continuing effort by the local government to ensure that communities are safe throughout the holiday season and that the municipality was providing a safe and healthy environment following the constitution and the objectives of the local government.
“We do these inspections once in a quarter as a municipal inspectorate consisting of multiple stakeholders like the police, home affairs, department of social services, and the district health and occupation.
“Where there are multiple transgressions of different by-laws and sectors of legislation, we are not afraid, we immediately close the premises as long as we find that there is enough evidence that this business owner is transgressing the following… we will issue a notice, and at times we give a notice and a fine and we close him or her off,” he said.
Masibi said if a business operator’s asylum status stated that they are in South Africa to study, then they will have to change that status before they can operate a business.
“The municipality’s local economic development department investigates who was the applicant for the licence of that shop.
“Once those documents are in place we will know what to do. If they are compliant they can operate a business again,” he said.
However, advocate Ibrim Mansoor, who represents foreign nationals, has alleged that the municipality often rejects their applications.
“Ninety percent of the business owners in all CBDs in the country are foreign-owned and 90 percent of them are asylum seekers so if that business is invalid it means the business shuts…does it mean the economy shuts?
“ I have launched an application a few months ago but remember it’s a constitutional issue – how do we apply if we know that our applications are going to be rejected. They are not business permit holders but if you apply as a company, then it’s a different issue but if you apply in your capacity as a human, the asylum (permit) says work or study that’s it,” he said.
