Langeberg Municipality has identified a surge in spaza-shop trading in its area without the necessary approvals from council.
This is an unlawful land-use activity and impacts negatively on communities and economy.
The spaza-shop policy details the requirements a spaza-shop owner needs to adhere to to operate a legal spaza shop. Investigations will be launched in due course to ensure strict implementation of this policy in our communities.
What is a spaza shop?
A spaza shop is a small-scale convenience store, which is operated from an authorised structure by the property owner. Where authorised by the property owner, the store may be operated by a family member or legal tenant who resides on the property. The primary purpose of a spaza shop is to provide daily necessities such as bread, milk, chips, cellphone supplies, and so on, from Mondays to Sundays between 07:00 and 21:00.
How does the application process work?
Applications are assessed in terms of all relevant legislation and policies and, on that basis, council may decide to approve or refuse one. The following is a short summary of the application process:
1. Application forms are available from the Town Planning Department and a non-refundable application fee is payable on submission of the application.
2. The owner must submit the application form and necessary documentation to operate the spaza shop to the Town Planning Department. No application may be made for a spaza shop on a site that is owned by the municipality or state.
3. The application will be advertised and written notices will be sent to surrounding property owners and other stakeholders (eg ward committee, the police) for any comment.
4. The Town Planning Department will prepare a report and recommendation to the relevant deciding authority.
5. The applicant must be informed of the decision in writing. The approval by council for a spaza shop will only apply to the property owner, while the person who operates the spaza shop should be the owner him/herself or a family member/legal tenant residing on the property in possession of a valid South African identification document or valid work permit for non-South African citizens.
Is my spaza shop legal?
Only applicants who applied for, met all the requirements and received the necessary approval from council is currently operating a legal spaza shop business.
In terms of the Black Communities Development Act, 1984 (Act 4 of 1984), residents of Nkqubela and Zolani had additional rights (eg social, religious, profession, business) with regard to the residential use of the property.
The right to run a spaza shop (of which the municipality has records) forms part of the implementation of the new Integrated Zoning Scheme By-law, 2018.
There are certain criteria to fulfil before a spaza shop is deemed legal.
No approval for a spaza shop will be granted within a house that has a floor area of 25 m² or less.
The extent of the business use must be small-scale. The floor area of the spaza shop may not exceed 25 m² or 30% of the total floor area of all approved buildings on the property, whichever is the lesser.
The owner of the business must live on the site.
Operating hours must be restricted between 07:00 and 21:00.
The site must be suitable: accessibility for delivery, accessibility for refuse truck, access for clients and not down a cul-de-sac.
Will support/assistance be provided?
Existing or proposed spaza shops who comply will be assisted to ensure compliance with the necessary legislation including planning approval, building plan approval, business licencing and Certificate of Acceptability (health), and so on.
A person may not be permitted to commence or continue with an unlawful land use while an application is being processed.
Consequently, people operating without the necessary approval remain liable to be prosecuted while any application is being processed.
A final decision on an application will not be made whilst illegal buildings and/or land uses remain in existence / operation.
Please note the following will be implemented:
. Inspections will be launched in due course to ensure spaza shops comply with the spaza-shop policy. . Homeowners/shop owners will be requested to present, for example, for the following documentation on inspection:
1) Land Use Planning approval
2) Approved building plan (if applicable, eg wendy house)
3) South African ID/valid work permit
4) Business licence (Langeberg Municipality). The grant of any person who receives an indigent subsidy will be withdrawn if the beneficiary of the grant runs a spaza shop from their premises.. Illegal spaza shops will be closed.
The complete Spaza Shop Policy is available to view on the municipal website (www.langeberg.gov.za) and at all municipal libraries.
For any enquiries about the Spaza Shop Policy please contact Kobus Brand (Manager: Town Planning) at 023 023 614 8000 or e-mail kbrand@langeberg.gov.za
V Report illegal Spaza shops to the 24/7 call centre at 0860 88 1111, WhatsApp 065 211 7822 or e-mail complaints@langeberg.gov.za.
