Get permission to hawk about Sandton
Councillor Lynda Shackleford advises hawkers to get permits from the city.
With unemployment remaining a staple contextual challenge across South Africa coupled with the influx of migrant workers seeking out better realities in South Africa, hawking has become a prominent problem facing Sandton and surrounds.
As much as Ward 103 councillor Lynda Shackleford sympathises with entrepreneurial spirit, she maintained on March 2, that everything has its place in the City of Johannesburg for a reason. She was responding to a pop-up hair salon that’s operating outside the St John’s United Church at the corner of Benmore and Pam roads in Sandton.
“As I said to you, we had one hairdresser three weeks ago, and now we’ve got two. If we don’t clear it, and move it, we’ll have four in a week’s time; then we’ll have the scone-seller, and everybody coming with – and now we’ve got a whole street thing outside a church where people are going.
“It’s a vicious circle. I’m not against people earning a living, and I’m not against people being entrepreneurs. I think South Africa is entrepreneurship. I do believe that if we don’t stick by the rules, it’s a problem.”
Shackleford lamented that residents in the suburb tend to become apprehensive when approaching an intersection at which hawkers are trading in infringement of the City of Johannesburg’s by-laws.
“We’ve asked them to move, and, unfortunately, where one hawker comes – whether it be with good intention (or otherwise) – more hawkers will come, and industry entrepreneurship will start.
“The problem is pedestrians can’t walk past – you don’t know if a hawker is there with good intention, or if they’re there, also, to case the area.”
Shackleford indicated that there is a process for hawkers to apply to the city for permits [a licence] to hawk about Johannesburg legally.
“ You can actually approach them, and there is a fee to do it; this is where the problem lies. Sandton people, and even by-law management, are very accommodating as long as certain by-laws are followed. All hawkers should go to the City of Johannesburg, follow the due process, and get permission. It’s just with due respect to where you set up business.”
St John’s United Church administrator Jacqui Smith said they have experienced problems with the barber operating directly outside their church.
“We’ve had incidents of people standing by the street and urinating on the property. When we’ve had these circumstances, we spoke to the gentlemen who run the salon asking them to speak to their clients, and these incidents are fewer.
“We had a man sleeping on the street; we had incidents of him intimidating people going to the salon, screaming and chasing them down the street.
“He was troubled; we tried to help. He has since moved away. The police know about that.
Barbers Mario and Mideo Malembe are brothers who were initially posted across Benmore Road outside the Telkom office. Their plan is to buy a gazebo for themselves to work from at the corner where they’ve already set up.
“People are used to us here, and our clients may struggle to find us if we relocate elsewhere,” said elder brother Mario. Telkom removed the tree we were using for shade. We won’t come right with paying rent for a salon.”
JMPD spokesperson Superintendent Xolani Fihla was engaged on March 8, about the legality behind operations such as the Malembe brothers’ road-side venture.
“The business will be infringing on the informal trading by-laws,” Fihla said. “The City of Johannesburg encourages the freedom to engage in informal trading, but that has to be done in compliance with the provisions of the informal trading by-laws, the Act, and any other applicable law.”
Fihla shared a summary of the informal trading by-laws.
Infographic
- Any person who intends to carry on a business as an informal trader may apply to the City Council in the prescribed manner for a lease or allocation of a stand.
- No person shall carry on the business of an informal trader at a place or in an area declared as a place or area in which informal trading is either prohibited or restricted.
- No person shall carry on the business of an informal trader directly alongside a church, mosque, synagogue or other place of worship.
- Authorised officials may remove and impound any property of an informal which they reasonably suspect is being used or which is intended to be used or has been used for or in connection with informal trading, and is found at a place where informal trading is restricted or prohibited.
- Officers have to provide the informal trader with a receipt for any property removed and impounded.
- The receipt must itemise in detail the property to be removed and impounded.
- Provide the address where the impounded property will be kept and the period of such impoundment.
- State the terms and conditions for the release of the impounded property.
- State the impoundment costs to be paid by the informal trader concerned. For non-perishable goods, the cost is R3501.
- State the terms and conditions relating to the sale of unclaimed property by public auction.
- Provide the name and address of a municipal official to whom any representations regarding the impoundment may be made and the date and time by which this must be done.
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