On 1 July 2014, SERI published a 2-page pamphlet entitled Protecting the Rights of Informal Traders: What process must municipalities follow if they want to restrict or prohibit informal trading in an area?
The pamphlet explains the process that a municipality must follow to legally prohibit informal trade in an area, or to relocate informal traders. It outlines what a municipality can do in terms of the Businesses Act 71 of 1991, what the process is that a municipality must follow to restrict or prohibit informal trade in an area in terms of section 6A(2) of the Businesses Act, and what can be done to stop the restriction or prohibition of trading in an area.
The pamphlet was developed in light of a recent decision by the City of Johannesburg's City Council to embark on a process of engagement to declare certain trading areas in the inner city of Johannesburg prohibited. The pamphlet aims to clarify the legal process that a municipality should follow in order to prohibit or restrict informal trade in an area, and, in doing so, seeks to ensure that municipalities follow the law and that those who might be negatively affected are given a chance to participate and articulate their position.
- The 2-page pamphlet can be downloaded here and should ideally be printed and folded.