Law vs livelihood: Inside Zimbabwe’s vendors crackdown

RUTENDO MANHIMANZI

Harare vendors by laws 2014-159 defines a vendor” means any person who is a holder of a permit or lease agreement issued in terms of section 5 carries on the business of selling goods or foodstuffs within a vending site. A vendor is supposed to be stationed in one place while a hawker moves from one place to the other.

Street vending is an important source of income for the poor in the developing world. Street vending activities contribute to the livelihoods of millions of people and to national wellbeing at large, especially in developing countries. The informal economy (also known as the second economy) has been an important source of employment.

Categories of Vending Sites

(a) Category A-sites designated for the sale of any publications, newspapers, magazines, cell phone recharge cards, phone recharge cards and any other related items as Council may by resolution declare from time to time.

(b) Categories B-sites designated for the sale of dairy products and any other related items as Council may by resolution declare from time to time.

(c) Category C-sites designated for the sale of any other goods or foodstuffs not specified in sections (a) and (b) above which may be sold in the vending site or in different parts of the same vending site and approved by resolution of Council from time to time.

1. The primary objectives of the by-laws governing vendors in our municipality

The primary objectives of by-laws governing vendors in Zimbabwe are: –

1.          Regulating Vending Activities by controlling vending activities in designated areas, ensuring that vendors operate in a clean, safe, and healthy environment
2. Protecting Public Health and Safety through protecting the public from health hazards and ensure that food and goods sold by vendors are safe for consumption for example;
3. a)in terms of the Public Health Act – section 91- the sale of unwholesome, diseased or contaminated articles of food prohibited
4. b)Prohibition against sale of meat which has not been slaughtered in a slaughterhouse- Harare meat by laws SI 37/17- the selling, supplying or distribution of uninspected and unmarked meat in the Council area, slaughter any livestock in the Council area other than at an abattoir, sell game meat in the Council area without being registered by Council is prohibited.

iii.         Maintaining Order and Cleanliness in vending areas, preventing littering, noise pollution, and other nuisances.

1. Generating Revenue for local authorities through licensing fees, permits, and other charges.
2. Empowering Local Authorities to manage and control vending activities, ensuring that vendors comply with by-laws and regulations.
3. To promote fair competition among vendors, preventing monopolies and ensuring that all vendors have equal opportunities to operate.
4. Key provisions of the by-laws, including licensing requirements, permitted vending areas
5. Licensing and Registration

Section 10 – Fees payable – a vendor who is issued a permit shall pay a fee on a daily or monthly basis as the case maybe as fixed by the resolution of the Council from time to time.

-Vendors must obtain a license from the local authority to operate.

-Vendors must pay license fees, stall fees, and other charges as required.

-Vendors must register with the local authority, providing personal and business details.

– it is an offence in to sell any goods or foodstuffs without a valid permit /lease agreement.

1. Trading Areas and Times

-Vendors can only trade in designated areas, such as markets, stalls, or specific streets.

 -Vendors can only trade during specified hours, such as 6 am to 6 pm.

– it is an offence to sell any goods or foodstuffs at any undesignated place.

 – it is important to note that it’s an offence to sell any goods or foodstuffs in contravention of the terms and conditions attached to one’s permit.

3. Health, Hygiene Environmental Protection

-Vendors must maintain high standards of cleanliness and hygiene.

-Vendors must store food and goods in a clean and sanitary environment.

-Vendors must provide adequate waste disposal facilities. Food Handling and Preparation

 -Vendors must handle and prepare food in a safe and hygienic manner.

-Vendors must use clean and sanitized equipment and utensils. Vendors must store food at the correct temperature.

-section 6 of the bylaws which provides for cleanliness of the stand or stall in a vending site provides that – A vendor who has been allocated a stand or stall shall keep such stand or stall and its immediate vicinity in a clean and hygienic state.

-Vendors must allow authorized officials to inspect their premises and goods. These provisions aim to regulate vending activities, protect public health and safety, and maintain order and cleanliness in trading areas.

-Vendors must not litter or cause environmental pollution.

-Vendors must dispose of waste in a responsible and environmentally friendly manner.

How are health and safety standards enforced, and what are the consequences for non-compliance

Designated officers enforce adherence to these approved safety standards.

Section 9 makes provision for the Council to appoint authorised officials to be in charge of the vending sites and such officials shall ensure the efficient, orderly, clean and hygienic operation of the vending sites. The authorised officials have power to require any person who contravenes any provisions to leave the vending site and its immediate vicinity, further require the stand holder or stall holder to

1.  clean, tidy or otherwise restore to a fit state any stand or stall in respect of which he holds a permit or lease agreement and its immediate vicinity; and
2.  clean, tidy or otherwise restore to a fit state any container, preparation room, storeroom or trade equipment used in connection with his or her business; and

iii.     take adequate precautions to safeguard the food from dirt, dust, pests, vermin or other contamination; and

1. produce at the request of the authorised officer his or her permit or lease agreement for any stand or stall he or she is occupying; and
2. vacate any stand or stall if he or she is not in possession of a permit or lease agreement in respect of such stand or stall or if he or she is selling goods which are not permitted to be sold in that vending site or that part of that vending site as the case maybe.

Consequently, failure to adhere to the approved standards officers are allowed to seize goods. An Environmental Health Officer or any authorised official may if he or she may seize or cause to be seized any goods so connected to the offence and remove or cause to be removed such seized goods to a secure compound and such goods shall be recorded in a records book and kept safely if perishable be destroyed. Penalties include fines, imprisonment or both and also cancellation of permits.

5. How do the by-laws governing vendors align with Constitutional protections for freedom of trade and commerce- Are there any potential human rights implications of by-laws

Constitutional provisions:

Section 24 -Work and labour relations

(1) The State and all institutions and agencies of government at every level must adopt reasonable policies and measures, within the limits of the resources available to them, to provide everyone with an opportunity to work in a freely chosen activity, in order to secure a decent living for themselves and their families.

(2) The State and all institutions and agencies of government at every level must endeavour to secure—

(a) full employment;

(b) the removal of restrictions that unnecessarily inhibit or prevent people from working and otherwise engaging in gainful economic activities;

(c) vocational guidance and the development of vocational and training programmes, including those for persons with disabilities; and

(d) the implementation of measures such as family care that enable women to enjoy a real opportunity to work.

At an international level, the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights recognize the right to work.

Section 64 -Freedom of Profession, trade or occupation

Every person has the right to choose and carry on any profession, trade or occupation, but the practice of a profession, trade or occupation may be regulated by law.

Section 77 -Right to food and water

Every person has the right to—

(a) safe, clean and potable water; and

(b) sufficient food;

and the State must take reasonable legislative and other measures, within the limits of the resources available to it, to achieve the progressive realisation of this right.

Vendors have the right to earn a living but often face harassment and eviction by city council authorities. The high unemployment rate has left vending to be one of the viable sources of livelihood. Equally, vendors have a right to feed and care for their families. There is a need therefore to balance between the rights of the vendors with the by-laws that govern vendors. The vendors must be protected from arbitrary arrests and torture, any arrests must be within the confines of the law. This therefore means the authorities and the vendors must engage in comprehensive and fruitful dialogue to ultimately deal with this animosity. In conclusion Council must;

1.  Create a platform for regular dialogue between vendors, their associations, and city council officials to discuss concerns, resolve issues, and build trust.
2. Council must involve vendors in the decision-making process when developing policies and regulations affecting their activities.

iii.    Develop and enforce clear, fair, and reasonable regulations governing vendor activities, ensuring that vendors understand their rights and responsibilities.

1. Simplify and streamline the licensing process for vendors, reducing bureaucratic hurdles and corruption.
2.  Establish a fair and effective dispute resolution mechanism to address conflicts between vendors and city council officials.
3.  Foster community engagement and awareness about the importance of vendors in the local economy and the need for harmonious relationships between vendors and city councils.

vii. Collaborate with stakeholders, including civil society organizations, private sector entities, and development partners, to support vendor development and city council-vendor relations.

viii.       Incorporate vendor perspectives and needs into urban planning processes to ensure that public spaces are designed to accommodate vendor activities.

 It is imperative to note that street vendors considerably add to the comfort and convenience of the general public, by making ordinary articles of everyday use available for a comparatively lesser price. Ultimately the interests of all parties must be balanced.

 Rutendo Manhimanzi is a registered Legal Practitioner and practices under the law firm Ruzvidzo Legal Counsel. She can be reached on +263 773 589 263 or email rmanhimanzi@yahoo.com