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MUNICIPAL BUSINESS LICENSING FOR THE HAIRDRESSING, COSMETOLOGY, BEAUTY & SKINCARE INDUSTRY

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Relevance of the Business Act 71 of 1991 in South Africa (Licensing)

 

What Is the Businesses Act 71 of 1991?

The Businesses Act 71 of 1991 is a South African law that regulates the licensing of certain types of businesses. Its main aim is to make sure that businesses that could affect public health, safety, or order are properly controlled and licensed by local authorities.

 

Current Legal Status

The Business Act 71 of 1991 remains relevant and in force in South Africa with respect to business licensing. The Act provides the legal framework for the licensing and regulation of certain types of businesses, particularly those involving the sale of food, health services, entertainment, and hawking. It empowers local authorities (municipalities) to issue business licenses and enforce compliance within their jurisdictions.

 

Key Points on Licensing

  • Licensing Requirement: Certain businesses—such as those selling perishable foods, providing health services (including gyms and spas), entertainment venues, and hawkers—are required by law to obtain a business license from the relevant local authority before commencing operations.

  • Local Authority Role: The Act decentralizes licensing, making municipalities the principal authorities responsible for issuing and managing business licenses within their areas.

  • Ongoing Enforcement: Municipalities continue to implement and enforce the Act through local by-laws and policies, and trading without a valid license can result in fines or penalties.

  • Recent Developments: As of June 2025, the Act is still in effect, and the Department of Small Business Development oversees its implementation. A draft National Business Licensing Policy was published in 2024 to further refine and standardize licensing processes, but the 1991 Act remains the legal basis for business licensing until any new legislation is enacted.

 

How Does the Act Apply to Massage or infra-red treatments, Sauna, and Bath Services?

 

Businesses that provide:

  • Turkish baths, saunas, or other health baths

  • Massage or infra-red treatments


must have a business license before they can legally operate. This means if you want to open or are already operating a massage parlour, sauna, or similar health-related service, you need to apply for and receive a license from your local municipality before starting your business.

 

Why Is a License Required?

  • To ensure that the business meets health, safety, and zoning requirements.

  • To protect the public from unsafe or unregulated services.

  • To allow local authorities to monitor and enforce standards.

 

What Happens If You Operate Without a License?

  • You may be fined or face imprisonment or both.

  • Your business could be closed until you comply with the law.

 

Does the Act Apply Everywhere in South Africa?

Yes, the Act applies across South Africa, but licensing is managed locally:


  • The Act is a national law, so its rules are valid throughout the country.

  • However, each municipality (local council) is responsible for issuing licenses and enforcing the Act within its area.

  • This means the exact process, fees, and some additional requirements may vary from one municipality to another, but the basic requirement for a license remains the same everywhere.

 

Step-by-Step: How to Comply

  1. Check if your business type is covered: If you offer massages, saunas, health baths, or similar services, you are covered by the Act.

  2. Apply for a license: Contact your local municipality or council for the application process.

  3. Meet requirements: You may need to comply with health, safety, and zoning rules before your license is granted.

  4. Wait for approval: Only start operating once you have received your license.

  5. Renew and comply: Keep your license up to date and follow any conditions set by the municipality.

 

Table: Key Points for Massage, Sauna, and Bath Businesses

Requirement

Details

License needed?

Yes, before starting business

Where to apply?

Local municipality/council

Applies to all of SA?

Yes, but managed locally

Penalties for non-compliance

Fines, closure, or other legal action

Other requirements

Health, safety, and zoning compliance

 

In Simple Terms

If you run a business that offers massages, infra-red treatments, saunas, or health baths anywhere in South Africa, you must get a license from your local municipality. The Act is national, so the rule applies everywhere, but the details and enforcement are handled by your local council. Not following the law can lead to fines or your business being shut down.

 

Applying for a Business License

When applying for a business license in the context of the Business Act 71 of 1991, an owner of a business must supply the local municipality with the following documents:


  • Proof of payment (license + fire inspection)

  • ID copy of owner/directors

  • Company registration documents (CIPC)

  • Approved layout plan

  • Occupancy certificate

  • Fire clearance

  • Health permit

  • Zoning certificate

 

Major Municipalities in South Africa: Contact Details for Licensing Enquiries

Below is a list of key municipalities covering South Africa’s largest cities and towns, with their main contact details. These are the primary points of contact for business licensing applications and enquiries.

 

Metropolitan Municipalities (Major Cities)

City/Town

Municipality Name

Phone Number

Email / Web Address

Physical Address

Johannesburg

City of Johannesburg Metropolitan

011 407 6111 / 0860 562 874

158 Civic Boulevard, Braamfontein, Johannesburg

Pretoria

City of Tshwane Metropolitan

012 358 9999

Isivuno Building, cnr Lilian Ngoyi & Madiba St, Pretoria

Cape Town

City of Cape Town Metropolitan

021 400 1111 / 0860 103 089

Civic Centre, 12 Hertzog Boulevard, Cape Town

Durban

eThekwini Metropolitan

031 311 1111

City Hall, 263 Dr Pixley Ka Seme St, Durban

Ekurhuleni

City of Ekurhuleni Metropolitan

011 999 0780

Cnr Roses & Cross Streets, Germiston

Nelson Mandela Bay

Nelson Mandela Bay Metropolitan

041 506 1111

City Hall, Vuyisile Mini Square, Govan Mbeki Ave, Port Elizabeth

Mangaung

Mangaung Metropolitan

051 405 8911

Bram Fischer Building, Nelson Mandela Drive, Bloemfontein

Buffalo City

Buffalo City Metropolitan

043 705 9111

City Hall, Oxford Street, East London

 

Other Major Local Municipalities

Town/City

Municipality Name

Phone Number

Email / Web Address

Physical Address

Stellenbosch

Stellenbosch Local

021 808 8111

Plein Street, Stellenbosch

George

George Local

044 801 9111

71 York Street, George

Polokwane

Polokwane Local

015 290 2000

Civic Centre, Landros Mare St, Polokwane

Mbombela

Mbombela Local

013 759 9111

1 Nel Street, Mbombela

Pietermaritzburg

Msunduzi Local

033 392 3000

333 Church Street, Pietermaritzburg

Kimberley

Sol Plaatje Local

053 830 6000

Civic Centre, Bultfontein Road, Kimberley

 

How to Use This Information

  • Call or email the relevant municipality’s main contact centre for business licensing enquiries.

  • Most municipalities have dedicated business licensing or trade departments; the main switchboard can direct you.

  • For online applications, visit the municipality’s official website and look for “Licensing,” “Permits,” or “Business” sections.

  • Requirements and processes may differ slightly by municipality, so always confirm with the local authority.

 

Additional Resources

  • For a full directory of all South African municipalities and their contact details, visit - https://municipalities.co.za/ 

  • Provincial and national government directories also provide up-to-date contact lists.

 

Note: Contact details are accurate as of July 2025. Always verify on the official municipal website or by calling the main number before submitting applications or documentation.


Reference:

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