JUDGEMENT: Sakeliga claims victory for freedom to do business in South Africa
2 June 2020
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.)
While several types of businesses, as announced in the level three regulations, remain prohibited, all other businesses are free to operate without first obtaining some new government license from national, provincial, or local government, or any other organ of state.
This is the situation after business group Sakeliga’s victory in court today and Minister Ebrahim Patel and the CIPC’s pre-emptory withdrawal of the CIPC certificate system on Sunday. 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,” says Piet le Roux, CEO of Sakeliga.