Legislative Mandate

The Department adopted the following broad mandate: “To improve the socio-economic livelihoods of Free State communities through economic and environmental development programmes.”

CONSTITUTIONAL MANDATE

The DETEA’s constitutional mandates have been derived from Schedules 4 and 5 of the Constitution of the Republic of South Africa, which requires the Department to oversee and administer the following:

a)      Trade
b)      Tourism
c)      Casinos, racing, gambling and wagering, excluding lotteries and sports pools
d)      Consumer protection
e)      Environment
f)       Industrial promotion
g)      Nature conservation
h)      Pollution control
i)       Provincial public enterprises
j)       Soil conservation
k)      Liquor licenses and control of undertakings that sell liquor to the public

Furthermore, the Department’s constitutional mandate is derived from Section 24 of the Constitution, which emphasizes that: Everyone has the right;

a)      to an environment that is not harmful to their health or well-being; and
b)      to have the environment protected, for the benefit of present and future generations, through reasonable legislative and other measures that:
i)       prevent pollution and ecological degradation;
ii)      promote conservation; and
iii)     Secure ecologically sustainable development and use of natural resources while promoting justifiable economic and social development.

DEPARTMENT SPECIFIC LEGISLATIVE FRAMEWORK

SMME Development

  • National Small Business Act, 1996 (Act No. 102 of 1996) and Amendments
  • Business Act 1991, (Act No. 71 of 1991)
  • Broad Based Black Economic Empowerment Act, 2003 (Act No. 53 of 2003)

Gambling & Betting Administration

Free State Gambling and Liquor Authority Act

Liquor Administration

  • Liquor Act 1989, (Act No. 27 0f 1989)
  • National Liquor Act, 2003 (Act No. 59 of 2003)
  • Free State Liquor Act, 2007 (Act No. 3 of 2007)

Consumer Protection

Free State Consumer Affairs (Unfair Business Practices) Act, 1998 (Act No. 14 of 1998)

Trade Inspection

  • Trade Metrology Act, 1973 (Act No. 77 of 1973)
  • Credit Agreement Act, 1980 (Act No. 75 of 1980)

Protected Areas Management

  • National Environmental Management Act, 1998 (Act No.107 of 1998) and Amendments
  • Environmental Conservation Act, 1989 (Act No. 7 of 1989)
  • Free State Nature Conservation Ordinance , 1969 (Ordinance No. 8 of 1969)
  • Environmental Management: Biodiversity Act, 2004 (Act No. 10 of 2004)
  • National Environmental Management: Protected Areas Act, 2003 (Act No.57 of 2003)
  • National Heritage Recourses Act, 1999 (Act No. 25 of 1999)
  • World Heritage Conservation Act, 1999 (Act No. 49 of 1999)
  • Game Theft Act, 1991 (Act No. 105 of 1991)
  • National Water Act, 1998 (Act No. 36 of 1998)
  • National Environmental Management: Waste Act, 2008 (Act No.59 of 2008)
  • National Environmental Management: Air Quality Act, 2005 (Act No. 39 of 2005)
  • Veld and Forest Fire Act, 1998 (Act No. 101 of 1998)
  • Conservation of Agricultural Resources Act, 1983 (Act No. 43 of 1983)
  • Animal Protection Act, 1962 (Act No.71 of 1962)

Tourism

  • Tourism Act, 1993 (Act No.72 of 1993)
  • Free State Tourism Authority Act, 2005 (Act No. 3 of 2005)