Injustice in unfair application of city bylaws?
Councillor questions the use of laws to regulate businesses.
WARD 66 councillor, Duncan Du Bois gets involved in the case of two people trying to make a living and a question of rights as bylaws are flouted.
“Despite the existence of bylaws regulating both formal and informal trade, it would appear that when it comes to upholding regulations, bureaucratic paralysis prevails,” said Du Bois.
The case study in this examination of bylaws involves a caravan in Harden Avenue in Umhlatuzana – an area which used to be part of the ward – and a nearby shop.
The caravan is parked on a verge with no access to water, electricity or ablutions. An informal trader lives in the caravan and prepares and sells food from it.
One hundred metres down the same road, a licensed shop also sells prepared food.
why is an informal trader favoured over a legitimate business
“The difference is that that shop owner has to abide by health regulations for the sale of perishable food and pays a rental to the owner of the building from which she operates. Whereas the informal trader operates rent-free.
In seeking to have the caravan removed or at least relocated because its trade is undermining that of the licensed and legitimate shop 100 metres away, I have encountered a stalemate.
Informal Trade claims the caravan is fine. Metro Police say they would move it but are being hindered by Informal Trade.
The question that arises is – what about the bylaws? And better still, why is an informal trader favoured over a legitimate business which contributes financially to the city by means of its business licence?
The argument that the informal trader is trying to make a living cannot be allowed to trump the fact that the shop owner is trying to do likewise while at the same time adhering to health and licence bylaws.
This may be a minor case but it illustrates the injustice that prevails in that bylaws are not equitably applied,” said Du Bois.
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