Extracts from the first June 2013 business law bulletin First, let’s look at the cruel and, I believe, ultimately unworkable provisions of the May 2013 Harare City Hawkers by-laws (at a time when Harare City councillors are seeking re-election). Ø The First Schedule prohibits any hawker (even a licensed hawker; and all hawkers must be licensed) from selling – · within 100 metres of any shop or store (anywhere in Harare) · in the Central Business District (‘CBD’), i.e. the area bounded by Chitepo, Fifth, Manyika, Kaunda up to the Seke Flyover, along the railway line to Cripps and then back up Rotten Row to Chitepo (precisely the area where hawkers are densest, ranging from newspaper and airtime vendors at traffic lights throughout the city to the metal fabricators along Cripps Road opposite the Mbare hostels). Ø Section 13 of SI 73 (‘Hawkers to keep moving’) stipulates a hawker shall not ‘remain stationary while conducting his or her business for longer than 15 minutes’ – and after 15 minutes must move at least 100 metres away and must not ‘return within 1 hour to any place, or to within 100 metres thereof, which he or she has already visited for such purpose’. So if I understand this asinine provision correctly, a vegetable seller or airtime vendor (for example) must move his place of business just over 100 metres four times in every hour, returning to his original position after 61 minutes – and then repeat the cycle every hour throughout the working day. So all those poor people who painstakingly rebuilt their shattered livelihoods after the cruel devastation of the 2005 murambatsvina-driven destruction of homes and businesses now face the possibility of another tsunami. In an election year. When Harare City councillors also seek re-election. To protect well-fed councillor/shopkeepers against competition from hundreds of thousands of small-scale entrepreneurs who struggle every day to lift their malnourished families above the Food Datum Line. We may all be vexed by the persistence of vendors, their obstruction of pavements etc. There is no question that hygiene regarding foodstuffs is important. Regulation is obviously necessary. But this is not the way. Penalties? ‘Authorized personnel’ (read ‘municipal police’) can seize goods and take them to a safe compound (there is no reference to receipts being given on confiscation) and ‘perishable goods shall be disposed or destroyed after obtaining written authority from the Director of Health Services’. Yeah, right, like that’s going to happen. Offenders face a Level 5 fine ($200) and/or 15 days imprisonment, cancellation of any hawker’s licence – and refusal of another licence. (Incidentally, section 9 says ‘the council may refuse to issue or renew a licence if… in the opinion of the council the issue or renewal would adversely affect any existing trade or business.’) So we can see whose interests are really being protected here. Who dreams up this stuff? If a hawker can’t get a licence to fend for his family, is he going to give up vending? Would you? I see trouble ahead. After all, it was persistent harassment of a street vendor that sparked the Arab Spring. Next - Some advice regarding possible Business Seizures Press reports earlier this year of attempts by politicians/supporters to ‘invade’ Renco Mine, Dalny Mine, a property company and most recently the Chinese-backed Hwange Coal Gasification Company may presage more lunatic antics as elections loom. So here’s some advice. Firstly, keep your ear to the ground, listening for any rumblings of discontent from the workforce. Seizure attempts may initially be camouflaged as labour unrest, or indigenization, or some other pretext. The courts have spoken out strongly against illegal ‘self-help’ activities. There are legal mechanisms in place to deal with any problems in these areas. Secondly, put in place clear instructions to all employees/security guards about not permitting unauthorized access, not handing over vehicle/office keys or cell-phones/laptops to any person not formally employed by the company. Protect lower-level employees by issuing such instructions in writing, so they can say, “I am forbidden to do what you say; I must refer you to my boss. If I disobey, I risk losing my job for disobeyiong an instruction...” And about registering your Generator... ... So what should you do if your generator is used for domestic or business support only, and you are not in the business of generating electricity for sale? Must you register with Zera? Section 11 says a generator of any size must be notified (to Zera, now) and ‘permitted’, using Form EL.4 and submitting either $5 if less than 100KW or $50 if 100KW or more. But from the legal opinion offered in this article, the regulations appear to be illegal because they go beyond the Act. You have grounds to do nothing. But that does not mean you will not face bureaucratic harassment. At that point – or before, if you wish to be proactive – you are advised to seek legal counsel...
Posted on: Sun, 16 Jun 2013 07:22:24 +0000
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