Introduction
Co‑operatives (co‑ops) are businesses owned and democratically controlled by their members. They offer a way for communities, farmers, artisans and other groups to pool resources, gain bargaining power and share profits. South Africa’s Co‑operatives Act of 2005 (amended in 2013) recognises several types of co‑ops—primary, secondary, tertiary and apex—and provides a formal registration process through the Companies and Intellectual Property Commission (CIPC). In June 2025, the CIPC also opened its B-BBEE certificate platform to co-operatives, making it easier for small co-operatives to prove compliance with transformation legislation. This guide explains the minimum membership requirements, founding documents, registration steps, and how B-BBEE sector charters affect your co-op.
1. Understand the types of co‑operatives and membership requirements
South Africa’s regulations specify the minimum number and type of members for each co‑operative level.za:
| Co‑operative type | Membership requirement |
|---|---|
| Primary co‑operative | At least five natural persons, two juristic persons (such as companies) or a combination of any five persons. |
| Secondary co‑operative | At least two operational primary co-operatives. |
| Tertiary co‑operative | At least two operational secondary co‑operatives. |
| National apex co‑operative | A minimum of three sectoral tertiary co‑operatives operating nationally and five multi‑sectoral tertiary co‑operatives operating provincially or locally. |
A co‑operative exists to meet the common needs of its members. Before forming one, hold a formation meeting to define your shared purpose, elect a steering committee and agree on how the business will operate. For a basic co‑op, you must gather at least five natural persons or two juristic entities (or a combination of five) and decide to form the co‑operative.
2. Adopt the seven co‑operative principles
Globally, co‑operatives adhere to seven principles, which the South African Co‑operatives Act incorporates:
- Voluntary and open membership – Anyone who meets the membership criteria can join.
- Democratic member control – Each member has one vote.
- Member economic participation – Members contribute equitably to the co‑op’s capital and share in the surplus.
- Autonomy and independence – Co‑ops are controlled by their members, not external investors.
- Education, training and information – Members receive ongoing education about co‑operative values and management.
- Co‑operation among co‑operatives – Co‑ops work together through networks and federations.
- Concern for community – Co‑ops focus on the sustainable development of their communities.
Your founding document should embed these principles to ensure good governance and eligibility for government support programmes.
3. Prepare your founding documents
Every co‑operative must adopt a constitution (also called a founding document), which sets out:
- The co‑op’s name, objectives and business activities.
- Membership Rules (Eligibility, Admission, Termination).
- Democratic processes (election of a board, meeting procedures, quorum requirements).
- Financial policies (member contributions, distribution of surpluses, reserves).
- Roles and powers of directors and officers.
You can use the Co‑op1 form and model constitution provided by the CIPC as templates. When completing these documents:
- Please list at least two directors (chairperson and secretary) and include certified copies of their IDs.
- Confirm the registered address and contact details.
- State that the co‑op’s assets and income belong to the co‑operative and not to individual members.
- Provide membership fees (entrance and annual) and specify how shares will be issued.
4 Register your co‑operative with the CIPC
The CIPC offers an online platform for registering co‑operatives. The process involves several steps:
- Create a CIPC customer account. Register as a customer at eservices.cipc.co.za. Please fill in your details to receive a customer code.
- Reserve your co‑op name. Use the e‑services portal to reserve up to four proposed names. You will see whether each name is available; if so, lodge the reservation and receive a reference number. Name reservation costs R50 per application and is valid for six months.
- Start a new co‑operative application. On the e‑services platform, select “Co‑operatives” and click “Start New Co‑operation Application.” Choose your co‑operative type (primary, secondary, tertiary) and form (worker, consumer, marketing, etc.).
- Capture your objectives and details. Add the co‑operative’s objectives (e.g., agricultural production, housing), complete its financial and contact details and indicate the number of members.
- Add members and directors. Provide the names, ID numbers and contact details of at least five members (or two juristic persons) and appoint two directors. You can add juristic members and their representatives by selecting the “+ Juristic member” option.
- Upload the constitution and supporting documents. Attach the signed constitution (founding document), Co‑op1 form and certified ID copies. Include proof of address for the co‑op.
- Submit and pay fees. Pay the registration fee (approximately R300 for a primary co‑op). The CIPC will issue a Certificate of Registration and a unique registration number upon approval of your application.
Registration typically takes 5–10 working days but may take longer if documents are incomplete or there is a backlog.
5. Comply with governance requirements
Once registered, the co‑operative must:
- Hold an inaugural general meeting to adopt the constitution, elect board members and approve membership fees.
- Keep proper records – maintain a register of members, minutes of meetings, financial statements and audit reports if required.
- Submit annual returns and financial statements to the CIPC (primary co‑ops with turnover above the threshold must file audited or independently reviewed statements).
- Follow labour and tax laws – register for VAT, PAYE and UIF if applicable, and pay annual levies. Worker co‑operatives may apply for exemptions from certain labour laws.
6 B‑BBEE certificates and sector charters – What’s new for 2025
In June 2025, the CIPC updated its process for Broad‑Based Black Economic Empowerment (B‑BBEE) certificates. Co‑operatives can now obtain their B‑BBEE certificates via the CIPC, but there are important conditions:
- Sector‑specific oversight. Sector Charter Councils now set empowerment rules and monitor compliance. Co‑operatives must know which charter applies to them and submit certificates or affidavits to the relevant council.
- Use the correct SIC code. Your Standard Industrial Classification (SIC) code determines which B‑BBEE rules apply. Selecting the incorrect code can impact your compliance level.
- Accurate ownership classification. The CIPC distinguishes between black South African citizens and black permanent residents when calculating ownership
- Co‑ops are eligible for certificates. Co‑operatives can now apply for B‑BBEE certificates directly through the CIPC platform.
- Only Exempted Micro‑Enterprises (EMEs) receive certificates. Co-ops with an annual turnover of up to R10 million can obtain an official certificate. Larger co‑operatives must use an affidavit.
- Affidavits for foreign directors. If any director or member is a foreign national, the co‑operative cannot apply online. Instead, it must complete a B‑BBEE affidavit, have it stamped by a commissioner of oaths and submit it manually.
Providing false or misleading information on a B‑BBEE affidavit is a criminal offence. Always consult the relevant sector charter (e.g., Agricultural Sector Code, Construction Sector Code) to understand the specific ownership, management, and skills-development targets.
7 Funding and incentives
The government and various agencies provide support for co‑operatives:
- Co‑operative Incentive Scheme (CIS). A government grant that assists registered primary co‑operatives with equipment and business development. To qualify, your co‑op must be majority black‑owned and registered with the CIPC.
- Small Enterprise Finance Agency (SEFA), National Empowerment Fund (NEF) and National Youth Development Agency (NYDA). These bodies offer loans, grants or mentorship to co‑operatives, often requiring a minimum number of members and an established track record.
- Provincial departments. Some provinces provide seed funding or training programmes for emerging co‑ops.
Conclusion
Registering a co-operative in South Africa enables groups of people to work together democratically, sharing risks and profits. To form a primary co‑op, you need at least five natural persons or two juristic entities and a constitution that upholds the seven co‑operative principles. Registration through the CIPC involves reserving a name, completing a Co-op 1 form, submitting your founding document, and paying a fee. Once registered, your co‑op must maintain good governance and file annual returns. In 2025, co-operatives can also apply for B-BBEE certificates, but they must follow sector-specific rules and use the correct SIC codes. With proper planning, a co‑operative can unlock government incentives, access funding, and build sustainable prosperity for its members.