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Tendai Chara
NOREST MOYO, a street vendor, braves the daily raids by the municipal police in Harare’s bustling Central Business District.
His humble wares, sold from a makeshift stall along George Silundika Avenue, are a lifeline.
However, his operations are fraught with challenges. The constant threat of confiscation, fines and even bribes has become an unfortunate reality for Moyo, a father of two.
He implores the city fathers to recognise the vital service that street vendors provide.
He hopes that a more tolerant approach will allow him and his fellow vendors to operate legally, free from the constant fear of harassment.
“Council is failing to understand that vendors offer valuable services. Instead of chasing them and confiscating their wares, the local authority should get revenue from them,” reckons Moyo.
Criticism
The practice by most local authorities, the Harare City Council included, of arresting street vendors, often relying on outdated by-laws, has sparked widespread criticism.
Precious Shumba, the executive director of the Harare Residents Trust, argues that these antiquated regulations are incompatible with the contemporary urban landscape.
Shumba and a group of town planning experts emphasise the urgent need for Harare and other councils to modernise their by-laws for the general good and also find ways to accommodate street vendors.
They contend that many of these regulations are not only obsolete, but also hinder the economic activities of informal traders, who play a crucial role in the economy.
Shumba asserts that the treatment of vendors as outlaws, with constant harassment and confiscation of goods, is a remnant of the past. He urges the councils to adopt a more progressive approach that recognises the important role of street traders in the urban economy.
“If you notice, in arresting the vendors, the councils will often be using primitive by-laws that do not apply to the current state of affairs,” said Shumba.
Regulation
He advocates a more pragmatic approach to regulating informal traders. This, he said, should begin by acknowledging the vendors’ existence, imposing nominal fees for their operations and allocating them proper working spaces.
Shumba says the revenue generated from registering and licensing vendors could be invested in developing modern market structures with essential amenities like toilets.
He reiterated that many existing by-laws are outdated and no longer serve their intended purpose, hence the need for an urgent review of the regulatory framework.
Tomson Dhliwayo, a town planning expert, sheds light on the historical context of by-laws.
“By-laws are localised laws that apply to specific council areas.
“They give direction with regard to how council-owned land can be used,” he said.
The Urban Councils Act (Chapter 29:15) empowers councils to enact by-laws, subject to the approval of the Local Government minister.
These by-laws encompass a wide range of issues, including council operations, property maintenance, construction, traffic, public utilities and amenities.
Dhliwayo outlined the process of developing by-laws, which involves drafting by council technocrats and subsequent review by the Ministry of Justice, Legal and Parliamentary Affairs.
Ultimately, the Government has the authority to approve, gazette and implement these by-laws.
The town planning expert said: “Some of the by-laws are not only outdated in nature but also oppressive.”
Shift
Residents, legal experts and town planning professionals are advocating significant changes to existing regulations.
They believe that amending or repealing these outdated by-laws is essential to create a more equitable and supportive environment, especially for vendors.
A notable challenge for local authorities is the lack of proper regulations governing cooked food vendors, particularly those operating from mobile stalls.
This hinders efforts to formalise these vendors’ operations and ensure public safety.
“The majority of the by-laws must be overhauled to take into account the changes that have taken place over the years. Some of them are now obsolete and must be scrapped altogether,” lawyer Harris Chinogwenya said.
The legal expert opines the need for modern laws that address the underlying issues contributing to the conflict between vendors and local authorities.
He argues that the current regulatory framework, often rooted in colonial-era legislation, is outdated and oppressive.
Furthermore, Chinogwenya cites the unconstitutional nature of some by-laws.
The lack of public awareness regarding these laws exacerbates the problem.
Some of the by-laws, according to the lawyer, supersede national laws.
“The expanded Bill of Rights guarantees economic rights to citizens yet the vendors are being denied that right. There is need for councils to make sure that by-laws are aligned with the Constitution,” added Chinogwenya.
He singled out the “Water Regulations”, drafted in 1913, as an example of a by-law that conflicts with the Constitution.
These regulations grant councils the power to terminate water supply to premises that fail to pay bills.
Despite legal challenges that have deemed this by-law unconstitutional, councils continue to enforce it.
Similarly, the failure to align building and land use by-laws with the Constitution has resulted in property demolitions in Harare.
Many affected residents are unaware of these unlawful actions and lack the resources to seek legal redress.
An investigation by this publication reveals that most councils do not review their existing statutes to ensure their alignment with the Constitution.
Action
However, Vimbai Chingwaramusee, the City of Gweru’s communications and public relations officer, stated that the local authority is continuously updating or repealing outdated or unconstitutional by-laws.
“We are dedicated to regularly reviewing and revising our by-laws to ensure their relevance and effectiveness,” she explained.
“This process involves collaborating with stakeholders, conducting public consultations and referencing the Urban Councils Act [Chapter 29:15].”
Chingwaramusee highlighted Gweru’s commitment to creating a favourable environment for residents, businesses and visitors.
Regarding the contentious issue of vendor by-laws, she acknowledged the need for adaptation to current circumstances.
“Our by-laws accommodate the informal sector while ensuring public health, safety and order. This includes designating vendor zones, streamlining licensing processes and providing support for small entrepreneurs.”
Stanley Gama, the Harare City Council spokesperson, asserts that the council is actively working to amend irrelevant by-laws and eliminate obsolete regulations.
“We have written to the Attorney-General’s office indicating our intentions to either amend or scrap certain by-laws. Some of the by-laws need to be aligned with the Constitution. We are yet to get the responses on this issue,” he said.
He bemoaned the bureaucratic hurdles that hinder the process of amending and repealing by-laws.
“The process is very long but we are still pushing,” he said.
Gama dismissed allegations that senior council employees and municipal police officers are financially benefiting from the chaos caused by outdated or conflicting by-laws.
“That is a complete lie. The fact that we wrote to the Attorney-General to have such by-laws amended or scrapped means that we are determined to correct the anomaly.
“Like I said earlier, the process is long and winding,” added the council official.
Piecemeal/cosmetic amendments
While there have been efforts to modernise by-laws in recent years, the progress has been slow and often limited to piecemeal changes.
The Bulawayo City Council, for instance, replaced its outdated hawkers and street vendors’ by-laws in 2018.
Harare has also been working to amend and repeal obsolete regulations since 2013.
However, despite these efforts, residents frequently criticise councils for implementing “cosmetic” amendments that fail to address the core issues.
Many proposed amendments are merely changes in titles, rather than substantive improvements to the regulatory framework.
The Umzingwane Rural District Council provides another example of the need for by-law reform.
In 2019, residents demanded the introduction of modern by-laws after years of being governed by outdated regulations.
This highlights the broader issue of councils failing to update their legal frameworks to meet the needs of their communities.
Godfrey Kwaramba, a Harare resident, criticises the Harare City Council for its apparent lack of commitment to amending and repealing outdated by-laws. He says the council is resistant to change, despite the clear need for a more modern regulatory framework.
“Municipal police officers and senior council officials are making money by receiving bribes from arrested vendors, tuckshop operators and illegal kitchen operators. Therefore, the inaction by council in terms of updating its by-laws is deliberate,” alleges Kwaramba.
In 2019, the Bulawayo Vendors and Traders Association (BVTA) echoed the concerns raised by Harare residents regarding the lack of political will to reform outdated by-laws.
Additionally, the BVTA noted the need for greater transparency in the availability of these regulations.
Residents argue that by-laws should be easily accessible to the public, allowing for better understanding of these regulations and compliance. However, many councils fail to make their by-laws publicly available.
“I remember during the 80s, by-laws were codified and made easily available. They should be made into single, compact and comprehensible documents and then uploaded on local authority websites for every resident to read and understand,” said Nomatter Maturure, a Mbare resident.
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