Follow-up: CoE responds to the predicament faced by the R23 steet hawkers
“It’s up to the group to negotiate with the companies inside the premises to conduct their business in line with the City’s by-laws,” CoE responds.
The City of Ekurhuleni (CoE) responded to the issue of eight breadwinners on the R23 who are no longer allowed to hawk at their most profitable spot.
In a statement released on February 23 by spokesperson Zweli Dlamini, the City is aware of this group that has been removed at their trading location.
“Hawkers were approached and informed of the risks. They had no permits and were thus informed that they were trading illegally in that road, including a group at the R25 near the Serengeti entrance.”
This contradicts sentiments shared by two hawkers among the group Lebogang Maphothoma and Tebogo Lesufi. They ensured the Express that they did possess temporary permits for their trade at the location, which required monthly renewals.
Dlamini further stated that the reasons for their removal pertained to the City’s street trading by-laws and the National Road Traffic Act.
“The by-laws apply to traffic safety in that intersection in so far as EMPD is concerned. The sanitary measures such as water supply and toilet facilities are only a part of the contravention,” he said.
Chapter five of the Ekurhuleni Metropolitan Municipality Police Services By-laws states: “No person shall trade on a public road subject to the provisions of sections 83 (general conduct) and 85 (cleanliness) and except in so far as trading is restricted or prohibited by any law or by-law.”
ALSO READ: Food hawkers next to the R23 plead for negotiation
The ‘general conduct’ portion further states: “A person trading shall not place his or her property on a roadway or public place except on his or her motor vehicle/trailer from which trade is conducted provided that such vehicle or trailer does not obstruct pedestrian and/or traffic movement causing damage to any road or property and complies with the provisions of the NRTA and any other relevant act or by-law.”
This is an issue limiting grounds to dispute as it is dictated by law. However, when the Express visited the site where the hawkers used to trade, they were located on a wide dirt path stretching a couple of metres until it meets the road.
Additionally, a large grass plane borders on the shoulder of the road, leaving much potential to expand the space and make it hospitable for trade.
This location holds the potential for expansion, which could adhere to traffic safety and granting informal business owners the opportunity to turn a profit.
The hawkers in question insist on continuing their business at this location because it offers higher volumes of traffic, which consists of their client base. They mainly cater to truck drivers and pedestrians utilising that route daily.
The City was asked whether the hawkers hold the right to request documentation from the civic centre that dictates reasons their applications were not successful to renew their trading permits.
The response read: “Yes. They never had permits issued to them by the Department of Economic Development of the City of Ekurhuleni. So the applications were not renewals,” Dlamini responded.
Is it private-owned land?
“This is a public road belonging to the provincial government and policed by the City of Ekurhuleni,” Dlamini said. Can they suggest a compromise for the hawkers longing to reclaim their bread and butter?
“On that stretch of a public road, it will not be possible due to the traffic volume. Inside the properties of the companies, the Hawkers Association can approach the companies. It’s up to the group to negotiate with the companies inside the premises to conduct their business in line with the City’s by-laws.”
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