Prevent business licensing during Covid-lockdown

In May 2020 Sakeliga launched an urgent court application in the High Court to do away with the new requirement by Ebrahim Patel, Minister of Trade and Industry, that businesses that wanted to remain open during the so-called national lockdown for Covid-19 had to obtain an “essential service” certificate from the CIPC. Patel’s certificates and their incorporation into state of disaster regulations exposed thousands of businesses and sole proprietorships not registered with the CIPC to prosecution and harassment by the police on the grounds of allegedly disregarding lockdown regulations. It also introduced a new business licensing regime that was likely to be continued following the termination of the lockdown and could have increased monitoring and regulation of businesses. Sakeliga’s urgent application was successful, with the result that businesses no longer were exposed to prosecution and harassment purely because they did not have a CIPC “essential services” certificate in their possession.