Please use this identifier to cite or link to this item: https://hdl.handle.net/10321/5075
Title: The role of the law in addressing the challenges facing street vendors in Durban
Authors: Ndaba, Noluthando Perceviarance 
Keywords: Street venders;Law;Challenges
Issue Date: Apr-2023
Abstract: 
Street vendors are a significant part of the economy, and their income supports several families
and sustains their livelihoods. However, they are faced with severe problems which interfere
with their daily operations. In addition to the general challenges that they face, such as the lack
of start-up funds, entrepreneurial skills, and infrastructure, as well as operational challenges,
they are also faced with challenges relating to the law or regulatory issues. Such challenges
are detrimental to the street vending businesses and, as a result, street vendors lose profits and
income, for instance, when they are harassed by police, arrested, or have their goods
impounded.
The challenges faced by vendors include the fact that, because of low literacy levels, vendors
have an inadequate understanding of the laws and bylaws that regulate street vending, and the
bylaws require permits for trading. In addition, there are restrictions in place regarding trading
in public space where trading is not permitted, in terms of bylaws, and vendors are relocated
although they have identified their target markets. Harassment by police officials, and the
impounding and confiscation of goods, are also major setbacks for street vendors. Further, there
is a lack of access to permits and with municipal authorities in charge of the processes for
allocating licences and permits, opportunities for bribery and corruption are increased.
Section 22 of the Constitution of the Republic of South Africa (Act 108 of 1996) guarantees
equal rights and protection, as well as the freedom to choose one's own occupation, trade, or
profession. However, street vendors are not adequately protected, and the state places little
emphasis on the informal sector. Since street vendors are self-employed, they do not have the
same protection and rights as employees in the formal sector. The Businesses Act 71 of 1991
recognizes street vendors as entrepreneurs, and only traders with a trading license are
permitted to trade. However, amendments were made in 1993 that gave local municipal
authorities more authority to govern and limit street vending. Different bylaws and regulations
govern street vendors, which are written in legal terms that are too technical for the traders to
understand. The purpose of this study is to investigate the challenges faced by street vendors
in the Durban area and to examine the role of the law with respect to addressing such
challenges. For the purposes of the empirical study, a quantitative approach was chosen. The data
for this study was collected through a survey using questionnaires from street vendors
trading in Durban, who were over the age of 18 years.
The findings from the study show that street vendor challenges, particularly with respect to the
law, include the fact that the laws are not understandable, and vendors are not familiar with
them; their goods are confiscated; they are harassed by municipality officials and given
unnecessary fines. They also face certain general challenges, such as the lack infrastructure
and amenities which impacts on their health.
The recommendations drawn from the study include the fact that, since street vending plays a
significant role in assisting the alleviation of poverty, the constitutional right to equality should
be applied to the vendors’ right to trade and the limitations to such right should not be
unreasonable. In keeping with the social justice concept, the municipality should review the
restrictions in place which present challenges for street vending as a sector; the relevant
legislation/regulations need to be amended to accommodate all persons; and in the event of
violations by vendors, the municipal officials should follow due processes. A fundamental
standard of the rule of law is that government authorities and their officials should only do what
is legally acceptable under an enabling law.
This study is critical because street vending plays an important role in improving the livelihoods
of vendors and their families and it also contributes to the economy and socio-economic
development. By raising awareness of their challenges, particularly with respect to the law, the
study will benefit street vendors. Further, the findings and recommendations will also be useful
to government at various levels, including municipal authorities and their law enforcement
officials, as well as future researchers.
Description: 
Submitted in fulfilment of the requirements of the degree of Master of Management Sciences
specialising in Business Law at the Durban University of Technology, Durban, South Africa, 2023.
URI: https://hdl.handle.net/10321/5075
DOI: https://doi.org/10.51415/10321/5075
Appears in Collections:Theses and dissertations (Management Sciences)

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