The role of the law in addressing the challenges facing street vendors in Durban

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.