LOCAL GOVERNMENT : SUBSIDIARY LEGISLATION : KGALAGADI DISTRICT COUNCIL (MARKETS) BYE-LAWS

KGALAGADI DISTRICT COUNCIL (MARKETS) BYE-LAWS

(sections 44 and 45)

(12th November, 2021)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

1. Citation

2. Interpretation

3. Establishment of market

4. Permit to operate stall in market

5. Application for permit to operate stall

6. Issue of permit to operate stall

7. Cancellation of permit

8. Rent payable

9. Subletting of stall prohibited

10. Condition of stall at end of hire

11. Cleanliness of stall

12. Erection of structure within market prohibited

13. Order in market

14. Animals not allowed in market

15. Business days and hours of market

16. Inspection of scales, weights and measures

17. Inspection of merchandise

18. Penalties

19. Appeal

SCHEDULE 1

SCHEDULE 2

S.I. 96, 2021.

1. Citation

These Bye-laws may be cited as the Kgalagadi District Council (Markets) Bye-laws.

2. Interpretation

In these Bye-laws, unless the context otherwise requires

“authorised officer” means a commercial officer, public health officer, physical planning officer, bye law officer, police officer or any other officer appointed by the Council to enforce these Bye-laws;

“commercial officer” means a person appointed by the Council to be a commercial officer for the purpose of these Bye-laws;

“Council” means the Kgalagadi District Council;

“Council area” means the area within the jurisdiction of the Council;

“health inspector” means a health inspector employed by the Government or by the Council;

“market” means an area where commercial dealings are conducted and shall be established by the council under these Bye-laws;

“stall” includes any building, stand, shelter, table, place or plot within a market set aside for the sale of merchandise or the provision of a service to the public; and

“stall holder” means a person by whom a stall is hired under these Bye-laws.

3. Establishment of market

(1) The Council may establish markets within the council area as it considers necessary.

(2) A market shall be under the control and supervision of a commercial officer.

4. Permit to operate stall in market

(1) A person shall not operate any stall in a market within the Council area without a permit issued under these Bye-laws.

(2) Any person who operates a stall without a permit in terms of sub-bye-law (1) commits an offence.

5. Application for permit to operate stall

Any person who wishes to operate a stall in a market shall apply to the Council in Form A set out in Schedule 1.

6. Issue of permit to operate stall

(1) A commercial officer may, where the applicant meets all the requirements, issue a permit in Form B set out in Schedule 1.

(2) A commercial officer may refuse to issue a permit to an applicant where

(a) there is no available stall for the type which the application is made;

(b) the applicant is under 18 years of age; or

(3) A person shall not operate a stall

(a) for purposes not authorised by the permit; or

(b) before payment of the monthly rental for the operation of the stall.

7. Cancellation of permit

The Council may cancel a permit where

(a) a stall holder uses the permit for purposes not authorised by the permit;

(b) a stall holder sublets the stall to another person without permission of the Council;

(d) the Council reasonably believes that it is in the interest of the public to do so.

8. Rent payable

(1) A stall holder shall pay the monthly rent specified under Schedule 2.

(2) A commercial officer shall at all times display at his or her office, in a conspicuous place, a copy of Schedule 2.

(3) The monthly rent specified in Schedule 2 shall be paid by the stall holder at the beginning of every month at the office of the commercial officer.

9. Subletting of stall prohibited

(1) A stall holder shall not sublet a stall hired out to him or her under these Bye-laws to another person.

(2) A stall holder who contravenes sub-bye-law (1) commits an offence.

10. Condition of stall at end of hire

(1) A stall holder shall, on cancellation or on expiration of a permit issued under bye-law 6

(a) leave the stall in a clean and sanitary condition;

(b) remove from the stall, property which does not belong to the Council;

(c) replace in its original position furniture and other fitting belonging to the Council that were removed or displayed by any person other than the Council during the rental period; and

(d) fix any damage to the stall, its fixtures, furniture, fittings and fences caused during and arising out of hire of the stall.

(2) A stall holder shall carry out the duties imposed by

(a) sub-bye-law (1)(a), (b) and (c) before the market closes on the day the permit expires or is cancelled, and where the permit

(i) expires on the day on which the market is closed for business, those duties shall be fully carried out before the market closes on the first day it is next open for business, or

(ii) is cancelled on a day on which the market is closed for business those duties shall be carried out before the market closes on the first day it is next open for business; and

(b) sub-bye-law (1)(d) within such a period as may be determined by the Council in the notice of cancellation.

(3) Any person who, on being required forthwith to leave the market under sub-bye-law (1) refuses to do so, or who, having left the market on being required to do so under sub-bye-law (1) or having been refused entry to the market under sub-bye-law 13(3), enters or attempt to enter the market without the permission of the commercial officer commits an offence.

11. Cleanliness of stall

(1) A stall holder shall take reasonable steps to ensure that the stall, utensils, machinery and equipment used in the stall and goods sold in that stall are at all times in a clean and hygienic condition, and that the stall holder and any other person who uses the stall are at all times while operating the stall, in a proper state of cleanliness.

(2) Any person who contravenes sub-bye-law (1) commits an offence.

12. Erection of structure within market prohibited

Any person who erects any building, tent, booth, shelter or other structure within a market without the permission of the Council commits an offence.

13. Order in market

(1) Any person who begs, gambles, loiters, screams, shouts, sings in a loud or unseemly manner, makes any loud or unseemly noise, creates a disturbance or conducts himself or herself in an offensive or objectionable manner within a market commits an offence.

(2) The commercial officer may require any person who contravenes sub-bye-law (1), to leave the market.

(3) The commercial officer may refuse entry to a market to any person

(a) whom he or she suspects to be under the influence of alcohol or drugs; or

(b) who in the immediate vicinity of the market does any act specified under sub-bye-law (1).

14. Animals not allowed in market

(1) Any person who causes or permits an animal to enter or remain within a market commits an offence.

(2) The provisions of sub-bye-law (1) shall not apply to service animals and to poultry intended for sale within a market by a stall holder.

15. Business days and hours of market

(1) A market shall be opened and closed for business on any day between the hours of 6:00 a.m. and 9:00 p.m.

(2) A commercial officer shall display, in a conspicuous place within and outside the market, notices stating the times at which the market shall be opened and closed for business.

(3) A person who, without the permission of the commercial officer enters or remains within the market when it is closed for business commits an offence.

16. Inspection of scales, weights and measures

(1) A stall holder shall use scales, weights and measures that have been certified by Botswana Bureau of Standards and shall check the calibration on such scales on a regular basis.

(2) An authorised officer shall, inspect every scale, weight or measure used in the market and shall require removal from the market of any scale, weight or measure which he or she finds to be faulty or not certified by Botswana Bureau of Standards.

(3) Any stall holder who refuses to comply with a requirement under sub-bye-law (2) or who, having removed a scale, weight or measure from the market on being required to do so brings or attempts to bring the scale, weight or measure back into the market commits an offence.

17. Inspection of merchandise

(1) An authorised officer shall, inspect goods in the market and shall require removal from the market, any goods in the nature of produce which in the assessment of the authorised officer is noxious, putrefactive or unfit for human consumption.

(2) Any person who contravenes sub-bye-law (1) or who, having removed his or her goods from the market, on being required to do so under sub-bye-law (1) brings or attempts to bring the goods back into the market commits an offence.

18. Penalties

Any person who contravenes any of the provisions of these Bye-laws commits an offence and is liable

(a) on the first conviction, to a fine not exceeding P100 or to imprisonment for a term not exceeding one month, or to both; and

(b) for a second or subsequent conviction, to a fine not exceeding P200 or to imprisonment for a term not exceeding two months, or to both.

19. Appeal

A person aggrieved by any decision of the Council under these Bye-laws may appeal in writing, to the Minister within 14 days of notification of that decision.

SCHEDULE 1

FORM A
APPLICATION FOR PERMIT TO OPERATE STALL

(bye-law 5)

Full names of applicant

……………………………………………………………………………………………………………………………..

(Surname first in BLOCK LETTERS)

Place of abode and postal address (if any)

……………………………………………………………………………………………………………………………..

Type of stall applied for (stand, plot, table or other)

……………………………………………………………………………………………………………………………..

Period for which it is hired:

(a) Indefinitely

(b) For …………………………… days/weeks/months

Particulars of goods or service to be sold or provided at the stall

……………………………………………………………………………………………………………………………..

Numbers of any other stalls that applicant has in the market

……………………………………………………………………………………………………………………………..

Date ……………………….

Signature of Applicant ……………………………..

FORM B
PERMIT TO OPERATE STALL

(bye-law 6(1))

NOT TRANSFERABLE

Issued to …………………………………………………………………………………………………………………

Place of abode and address (if any)

……………………………………………………………………………………………………………………………..

To trade on or provide the following service

……………………………………………………………………………………………………………………………..

At stall No. ………………. at ………………….. Market

Indefinitely or from ……………………… to …………………….. (Both dates inclusive) at the inclusive

rental of P……………………………. per month

Date ………………….

Signature of Commercial Officer …………………….

SCHEDULE 2
RENTAL FOR STALL PER MONTH

(bye-law 8(1))

TYPE OF STALL	RENT
Open stall	P 50
Closed stall	P100