The King Sabata Dalindyebo (KSD) municipality has established a special task team to strengthen the implementation of its informal trading bylaw as it intensifies the removal of illegally-placed trading containers in Mthatha’s CBD.
The municipality says the task team will oversee enforcement of the bylaw, improve co-ordination between stakeholders and help create a more regulated informal trading environment while balancing law enforcement with the livelihoods of traders.
Mayoral spokesperson Olwethu Mabovula said the task team would be chaired by mayoral committee member for budget and treasury Zukisa Gana and include representatives from municipal departments, government institutions, law enforcement agencies and informal trader organisations.
“The task team will strengthen the implementation of the gazetted informal trading bylaw following concerns raised by stakeholders during enforcement operations in areas not designated and permitted for informal trading throughout the municipality,” she said.
“The bylaw seeks to formalise the informal economy, promote sustainable businesses and job creation, improve public safety and protect municipal infrastructure.
“In line with the bylaw, containers in the CBD may only be used for storage and not as trading premises.”
The municipality previously announced plans to remove more than 200 containers and caravans used for informal trading in central Mthatha, saying some had been erected on municipal servitudes.
Street traders, some of whom have operated from containers since the early 1990s, accused the municipality of threatening their livelihoods and vowed to challenge the removals in court.
Mabovula said 155 compliance notices had been issued to owners of unlawfully operated containers.
“Following due processes, 48 containers have since been removed while another 34 were voluntarily removed by their owners.
“About 11 containers remain unclaimed.
“A further 18 noncompliant containers operated by foreign nationals were removed during enforcement operations, with 15 removed at Vulindlela Heights, one at Leeds Road and two at Corner Street.”
She said all removed containers had been transported to the municipal vehicle testing station for safekeeping while administrative processes were completed.
Mabovula said enforcement had also highlighted challenges including illegal electricity connections, obstruction of municipal services, resistance from some traders and limited operational resources.
The task team would facilitate dialogue with stakeholders, resolve implementation challenges, improve intergovernment co-ordination and advise the mayor and council on effective implementation of the bylaw.
“Over the next 12 months, the task team will focus on identifying compliant trading sites, improving licensing support, strengthening stakeholder engagement and ensuring that enforcement is conducted fairly, lawfully and with due consideration for the livelihoods of informal traders,” she said.
Mayor Nkosi Mkhanyiseli Dudumayo said the municipality remained committed to working with traders while enforcing the law.
“We value informal traders and their contribution to our economy,” he said.
“Our aim is balanced; enforce the law where necessary but work with traders to create safe, compliant and sustainable trading opportunities.”
The task team follows a petition submitted in May by March and March, Isanco and Phakama Eastern Cape, which called on the municipality to act against businesses allegedly operated by undocumented foreign nationals in contravention of municipal regulations.
The organisations argued that businesses operating without trading licences, tax registration, health permits or compliance with zoning and safety regulations created unfair competition and deprived the municipality of revenue that could be used for service delivery and local economic development.
Former KSD municipal public accounts committee chair and community activist Pasika Nontshiza questioned the legal basis of the initiative, saying the municipality should first address traders’ concerns.
“Hawkers are fighting what they believe is an injustice,” he said.
“The municipality needs to understand that bylaws do not supersede the needs of the people. It is people first and bylaws after.
“Bylaws are a product of a bigger law. They have failed to explain the legal source of their bylaw or whether it applies retrospectively or prospectively.
“A task team is not going to solve anything.”
Phakama Eastern Cape provincial organiser Phikolomzi Adonis said the municipality had shifted attention away from the broader concerns raised during engagements.
“We were never part of the agreement to formulate a task team reduced only to bylaw implementation,” he said.
“The task team that was discussed was meant to include home affairs, labour, police, justice and be led by the office of the executive mayor.
“What has now been announced is a cheap imitation.”
Isanco president Zukile Luyenge said the municipality should first provide alternative trading sites before removing informal traders.
“It is KSD’s responsibility to provide an alternative before just throwing people out.
“Even animals cannot be treated in the manner they do,” he said.
Luyenge said the organisations were still waiting for the broader interdepartment task team agreed to during earlier engagements, saying that structure should deal with immigration enforcement while the municipality continued implementing its informal trading bylaw.
