June 24, 2003
By Tendai Dhliwayo
THE City's new street trading by-laws set out what can be considered a "code of conduct" for street traders, and transgressors now face a jail term or a R50 fine.
The Johannesburg Metropolitan Council recently adopted street trading by-laws aimed at controlling more strictly the "street markets".
Council had initially considered banning street trading because of the haphazard manner in which it was done and the litter it generated, but following negotiations with hawkers' associations agreement was reached on setting up the by-laws governing the maintenance of order on the streets.
According to the newly legislated by-laws traders may not:
- Block pavements or obstruct traffic;
- Sell goods in front of public places, such as parks, government and council buildings, churches or monuments;
- Operate on sections of public roads that are close to residential buildings;
- Use storm-water drains or manholes to dump rubbish:
- Deface or damage public roads and public or private property;
- Make a fire in a public place;
- Sleep in a place where street trading takes place; or
- Erect structures for shelter.
According to the new by-laws, places where traffic could be obstructed or the movement of pedestrians on sidewalks could be hindered may not be used for trading purposes. All entrances and exits to public buildings must also be kept clear.
Traders need to get permission from the owner or lawful occupier of a building before they can display their wares on the site, and they "can be moved at any time when requested by an authorised official from the council, from telecommunications or the electricity company, who want to carry out maintenance work on that portion of the street".
It is now also illegal for traders to attach anything - like a board or plastic sheet - to any building, structure, pavement, tree, parking meter, electricity pole, telephone booth, post box, traffic sign, bench or any other street furniture in or on a public road or public place.
Although a vehicle or trailer may be used as a trading stand, this may not obstruct other road users, including pedestrians. The new by-laws also dictate that traders may not pile goods "in a way that constitutes danger to property and passers-by".
Street traders are also now obliged to keep their areas clean. Litter must be "disposed of in whatever receptacle is provided by the Council". No litter may be thrown into manholes, down storm water drains or "any other place not intended for refuse disposal".
