Business Licensing Bill: Legal scrutiny vindicates warnings government should have

By Jane Sithole

Government should listen when legislation intended to support entrepreneurs threatens to make their lives harder. The legal concerns raised about the Business Licensing Bill reinforce warnings I put in my letter to the Minister.

On 2 June 2026, I wrote to Minister Ndabeni stating plainly: “I have carefully considered the Business Licensing Bill and remain firmly opposed to its introduction in its current form.”

That position was informed by the realities facing small businesses and by serious concerns about the powers the proposed legislation would place in government’s hands.

The Bill has now been sent back following legal scrutiny.

The department’s portfolio committee progress presentation of 7 October records target not met and substantive concerns raised.

Those findings substantiate key elements of my original assessment, particularly the justification for restrictions on who can and who can’t operate a legal business in SA, the breadth of ministerial discretion