VENDING VS. THE LAWS OF ZAMBIA: WHEN LAWLESSNESS BECOMES LAWFULNESS AND LAWFULNESS BECOMES LAWLESSNESS; THE CASE OF ZAMBIA
Street Vending and trading has been a flourishing business in Zambia esp in big towns.
However, previous and current administrations have allowed this illegal actvity take root and become a political matter to end.
Evidently, a few days ago, the Minister of Local Government and Rural Development caused public stir and debate when he told vendors on the streets of Lusaka that he did not come to “negotiate with them but to tell them to vacate from the streets with immediate effect”
Opposition and other leaders have taken to the public platforms to air their opinions for or against the removal of street vendors from the streets of Lusaka or Zambia in general which they have cited other previous governments tried but failed.
Then, Is street vending legal or illegal in Zambia? If illegal why has it been tolerated for years? Is it lack of legislation or enforcement or it is just politics at play?
Let us examine the provision of law as it now, Statutory Instrument No. 12 of 2018; The Local Government Act(Laws, Volume 16 Cap. 281) dubbed as The Local Government (Street Vending and Nuisances)(Amendment) (No. 2) Regulations. 2018
In exercising the powers contained in section 80 of the Local Government Act which empowers the Minister of Local government to make regulations, the Minister of Local government then under the PF administration made the below regulations outlawing vending i.e. sale of any merchandise on any street in Zambia.
(Street vending) which is the Sale of local produce in any street or in public place other than a market established by the council, except with the permission of the Councils is an offence and attracts the sanctions
e.g.—(a) selling food on the streets attracts 2,500.00 penalty units which is ZMK750 when convicted and (b) sale of any other item or produce on the streets attracts 2,5000 Penalty units (ZMK750) and this is provided for under regulation 9.
Other offences and penalties under the 2018 regulations are
1.Spitting or vomiting on, or along, a street or
prescribed road 333.332 ( K99.9 I.e. 333.333×
ZMK0.30 penalty units)
- Throwing liter on, or along, a street or
prescribed road (1,666.673 Penalty Units). - Urinating in any unauthorised place
(2,500.004 penalty units). - Defecating in any unauthorised
place (2,500.005 (ZMK750) - Plying trade by any licensed hawker within
an area more thanfive days in a calendar
month, in the same place for morethan
thirty consecutive minutes or plying on
two or more occasion during twenty-four
consecutive hours in the same place.
For the purpose of this by-law “ place ” means a square having sides one hundred yards in length the Centre of which is the piece of ground actually occupied for the time being by the hawker in plying his trade (2,500.009 (ZMK750).
- Depositing or allowing to accumulate or
keeping upon any premises any dirt, filth,
refuse, rubbish, or any offensive matter or
matter likely….among other prohibitions.
Therefore, vending is an illegality that has been accepted as legal for a long time for political and Electoral expedience despite the law being in place.
The biggest problem and threat to Zambia’s restoration of rule of law is making laws that the country fails to respect and enforce due to political interference
To this end, the New Dawn government must know that its pledge to restore the rural of law in Zambia will be a tow order in a society and country where lawlessness (abnormal) has become a culture in that being lawfulness has become lawlessness (normal) and lawlessness has become lawfulness.
The Minister is right to want to see the vendors leave the streets because that is law as of now signed and crafted by the PF administration which though didn’t believe in laws but lawlessness.
However, the grrave mistake the minister made was to approach this entrenched practice/culture in a combative than educative one moreso that one of his ministry’s structuress-councils permitted the growth of this culture.
People need sensitisation and education first on the provision of the law moreso that these regulations were developed without their involvement and that the directive is coming without an alternative trading places designated by the councils being offered to the affected .
Many councils in Zambia have failed to involve the local communities in making up these laws and also in sensitising them when they make the laws.
As provided for under regulation 9 on street trading, the vending taking place on the streets seems to have full blessings from the councils as those vendors pay levy to the Councils.
So before removing them out of the streets at gunpoint, can the councils own up and inform and explain to the Minister, vendors and the nation where these councils have been taking the levies/money collected from these street vendors being vacated from the streets without the council voice to an extent of failing to provide these street vendors with decent trading places.
LUSAKA City market since its gutting in around 2017 has not been reconstructed despite the PF government collecting donations to re-erect the market while Simon Mwewa market has been slow at being completed.
Other markets such as Chibolya which was meant to decongest Soweto has been made a residential areas by PF cadres while Soweto remain as it has been poorly managed.
Under the political and economic circumstances, pursuasion not force will determine the success in the restoration of the rule of law in Zambia which is basically close to it being non existent.
I submit
McDonald Chipenzi