FAQs & Resources

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Frequently Asked Questions

Domestic Violence:

  • Did you know that victims of domestic violence can obtain protection orders
    • A protection order can prevent contact between the perpetrator of violence and the survivor.
    • They can remove the perpetrator from the home
    • They can prohibit contact between the perpetrator and victim. This can come in the form of an order to maintain a certain distance from one another
  • Did you know that domestic violence legislation protects against physical, emotional, sexual, and economic violence
    • It protects family members, former spouses, and unmarried intimate partners
  • There are no criminal penalties for domestic violence
  • There are laws against sexual harassment in the workplace
    • There are no criminal penalties for sexual harassment
    • There is no specific legislation on sexual harassment in education or public places
  • In South Africa sexual harassment is against the law as it is considered discrimination.
  • The legal age of marriage in South Africa is 18 (boys and girls)
  • Child marriage is illegal in most countries, South Africa included, which means a child under 18 cannot be legally married without parental consent
    • Authorization from the Minister of Home Affairs is required
    • No boy under 18 & no girl under 15 can be married without authorizations
    • Without authorization, the marriage can be dissolved
    • Marriage officers who knowingly marry 2 underage parties without the proper consenting authorities can face jail time
  • Marital rape is a crime
    • The husband and perpetrators are not exempt from criminal penalties

 

Get more information from the Domestic Act 1998 via this link

http://www.justice.gov.za/legislation/acts/1998-116.pdf

 – Women, Business and the Law, World Bank Group.

Getting a Job

  • Did you know that the law mandates for paid and unpaid Maternal and Paternal leave?
  • The law mandates equal remuneration for work of equal value.
  • Dismissal of pregnant women is prohibited
  • It is prohibited for potential employers to ask for family status
  • Nursing mothers are not entitled to nursing breaks
  • Parents are also not entitled to flexible/part time schedules
  • A woman will work the same hours as a man

Read more in the following resource areas

Employment Act

Employment equity amendment Act

Amended Labor relations Act

 – Women, Business and the Law, World Bank Group.

Acquiring Credit/Loans

Please remember that the law:

  •  Prohibits discrimination by creditors on the basis of gender in access to credit
  • Prohibit discrimination by creditors on the basis of marital status in access to credit

Going to court

Be informed that:

  • The law recognizes customary courts
  • A woman’s testimony carry the same evidence weight in court as a man’s
  • The law does not recognize personal law courts
  • There are 11 Justices on the constitutional court of which two are women.

Get more information via the links below

South Africa Constitutional court

Constitution of the Republic of South Africa

 – Women, Business and the Law, World Bank Group.

Women and Property Ownership

  • Regarding ownership of property, the law states that both the wife and husband must agree on who administers the property.
  • The law also  provides for valuation of non-monetary contributions
  • Unmarried men and unmarried women have equal ownership rights to property
  • Female and male surviving spouses have equal inheritance rights
  • Sons and daughters have equal inheritance rights

Read more via the following links

Matrimonial Property Act

Customary law of succession

 – Women, Business and the Law, World Bank Group.

Question:
I have just started my own business. How can I find a company or person to help me fulfil my dreams?

Answer:
The Small Enterprise Development Agency will be able to assist you. You can contact them using the details below.

NATIONAL INFORMATION CENTRE
Tel: 0860 103 703
 Email: info@seda.org.za

Question:
What do I need to do to start a building construction company?

Answer:
In order to start a construction company, your company must put an application in with the Companies and Intellectual Property Commission (CIPC).

To be recognized as a reputable company in the public sector, you will also need to register with associations such as National Builders Registration Council (NHBRC) or Construction Industry Development Board (CIDB).

Check out the following websites:

  • www.nhbrc.org.za
    www.cidb.org.za
    www.labour.gov.za

Question:
I have just started a small company that makes loans. Where do I register my company?

Answer:
You can register your micro finance company with the National Credit regulator (NCR) and then you will also need to register with the Micro Finance Regulatory Council of South Africa (MFRC) and abide by their regulations and the Usury Act Exemption as you will be required to display the MFRC certificate in your office.

  • NCR : Tel: (011) 554 2600
    MFRC :   011 647-4400 /  info@mfrc.co.za

Question:
I would like to start a small business. Either a retail store, selling jewelry or a beauty salon. How do I know if there will be enough interest in what I am selling?

Answer:
You need to research who would be your target customer;
Geographic – what location or region they are from
Demographic – what is their age, gender, occupation and income
Psychographic – what is their social class, interests and attitude
Behavioural – what do they like to buy and how often
Then once you are done with that you can do a swot analysis (Strengths, weaknesses, opportunities and threats) to see if there is enough interest in your area and then draft a business plan based on your findings.

Question:
How do I register for a Tax Clearance Certificate?

Answer:
The Tax Clearance certificate is issued free of charge by South African Revenue Services (SARS) provided that you meet all the requirements. It would be advisable to go to your nearest SARS Branch or check out this website www.sars.gov.za  for more information regarding your TCC.

Question:
How do I get funding to start a business?

Answer:
Do research about the business you want to venture into and draft a business plan. Once you have a business plan, you can register your business and ask for funding in order to get the resources you need to start your business.

You can get funding from as little as R 1000 – R 1 000 000 from the National Youth Development Agency.

For Further information:
NYDA Call Centre Tel: 0800 52 52 52 or visit your nearest NYDA branch.

Question:
Where can I get business assistance and training for a youth business?

Answer:
Small Enterprise Development Agency (SEDA) would be able to assist you with training. Visit any one of their branches countrywide where you will get more information about Business Talk programmes that are designed to help people who want to start businesses. You can contact them on 0860 103 703/ info@seda.org.za

The National Youth Development Fund Agency can assist you with getting funds for your business. You can contact them on 0800 52 52 52 or visit the nearest NYDA Branch.

Question:
What are the requirement of opening a sports bar and where do I go to get licences?

Answer:
As the Applicant of the Liquor Licence you must be:

  • A South African Citizen
  • Have no criminal record
  • Be older than 18 years of age
  • Be in good standing with the receiver of revenue

You need to apply for a zoning certificate from the local municipality and once they have confirmed that you can use that area for the sports bar you can then be able to apply for the liquor licence from the Department of Economic Development.

In Gauteng you can apply for the Liquor licence at this office:
Gauteng Liquor Board Query Management
Ms. Bongi Gambu
124 Main Street
Corner Main and Kruis Streets (opposite Carlton Centre)
Tel: (011) 085-2245

Question:
What are the different types of companies that can be registered and the legal implications to be considered when registering them?

Answer:
Types of companies you can open:

  • A sole proprietorship (1 person)
  • A partnership (2 to 20 people)
  • Closed Corporation (1 to 10 people)
  • Public Company
  • Non-profit Companies
  • Private Company (1 – 50 people)
  • Personal Liability Company
  • Incorporated Professional Practice (which only applies for members of certain professions, like lawyers, doctors, accountants)

Seda can assist you with more information regarding the legal implications and registration processes.

NATIONAL INFORMATION CENTRE
Tel: 0860 103 703
Email: info@seda.org.za

or

http://www.standardbank.co.za/standardbank/Business/Starting-a-business/Types-of-businesses/Types-of-legal-entities

Question:
I would like to start a business, but I don’t know what to do or where to start. Do you have any advice?

Answer:
Please do more research about different types of businesses and once you find a business that you would like to venture into, you can use the tips on the smart business website to start drafting a business plan.

Resources

For more information about managing money, go to: Money Matters – South Africa

If you require more information regarding business, please visit the following sites:

“Doing Business” portal of the World Bank for South Africa. Get basic indicators, economy profiles and other useful information to make important decisions.

Economy Profile for South Africa

Management and Business Courses in South Africa

South African Banks that Support Entrepreneurs

Educational Resources: Business Trends and News

Government Entities

Forums and Support Networks

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