S treet trading and hawking together with peddling is permeating in African urban areas over the last couple of years as more and more young people migrates to urban areas for searching for livelihoods.
Amidst this trend, and what is likely to be consequence there has been somewhat little analysis of the constitutional factors that influence the street economy. It is thus timely to examine the wider governmental landscape of street trading and its influence on the operations and vulnerabilities of street trade.
Over the few years many nations including Tanzania has seen a dramatic increase in the informal economy, with street vending amongst the most visible trades, and informality is now seen as a generalised mode of urban urbanisation rather than a temporary state of exception.
What has led to this situation and what need to be done need in my view need coordinated effort that may go beyond political statements at national leaders’ rallies.
After looking at required legal framework for street merchants’ prosperity and proposal on swift way to promote taxation paying compliances published by daily news on 26th 10/2021, on how to ascertain future revenue and curb revenue loses, it is high time to re-think more judgmentally on solutions that could pave way for lasting solution for the sector.
Among other solutions, I think Tanzania now need National policy for urban street traders. In many cities, the management of urban street trade swings between benign neglect and heavy-handed crackdowns.
Often municipalities operating within a relatively-free, or partially-free, political system stamp cautiously with street traders, caught between the desire to court voting blocks, or verify to formalising the informal economy and increasing tax revenue.
History retells us that Tanzania, for instance, has a long record of policy uncertainty on street trade. Those of you who can recall, thirtyeight years ago i.e. (in 1983 the time I started my form one secondary school), the government of Tanzania enacted a penal code that labelled all self-employed people as unproductive and banned them from towns.
In additional, legislation sought to encourage every able-bodied person to work, and required urban workers to carry a labour card (the nguvu kazi).
When it comes down to it, this became empowering legislation bestowing a right to work and according Nnkya (2006) writing on enabling framework? Governance and street trading in Dar es Salaam in the context of contested space: street trading, public space, and livelihoods, stated that such legislation allowed hawkers to operate legally.
By the early 1990s, comparing to new wine in an older bottle, an innovative participatory strategic planning project for Dar es Salaam was set-up on petty trade, linking the need to improve trading conditions, establish new markets and strengthen representation.
Analysis on these issues proposes that the improvements lasted a while, but by 2006-2007 open-mindedness had run low, and the government instigated massive street trader clearances in all major towns in Tanzania, affecting perhaps according to Lyons and Msoka (2010). millions of traders.
Towards, the elections of 2015, street traders were wooed for their voting potential and as asset left alone. Tanzania’s Constitution, if I am correct and I do believe I am right, guarantees the right to carry out any profession, or to carry on any occupation, trade, or business, subject to any law that imposes reasonable restrictions on the exercise of the right in the public interest.
This view isn’t to Tanzania alone, various national statutes regulate street vending, including the sections built in penal code and the police Act.
Such statutes, unless proven otherwise, criminalize street vendors who seemingly cause obstructions in streets and public spaces. Centred on this point of view clearly, it can be argued that street vending is also subject to state and municipal regulation(s).
Isn’t my objective to blame anybody but an appeal to policy bearers to rethink of Tanzania to have what I can term as National Policy for urban street vendors that will need to establish key goals and principles for the sector outside political milage. Such national policy needs to recognize street vending for its contribution to society and urban poverty alleviation while taking cognisant to promote a supportive environment for street vendors.
National policy is vital because without such tool, Tanzania, will continue to fight these street vendors haphazardly and outcome might not benefit each part. Experience is best teacher.
Examining selected countries’ constitutions to try identifying lessons learnt could provide a good lesson to Tanzania policy makers on how to deal with the issue of street vendors in short-term and in long -term. Thailand’s Constitution of 2017 for instance, warrants the liberty to engage in an occupation which possibly involves street vending.
This right, according to their constitution restrict in terms of a legal provision whose aim is, among others, to safeguard consumers, regulate the employment of the occupation only to the extent necessary. Street trading in Thailand is subject to national and city level legislation.
The Rules of Trade in the Bangkok Area Waiver Act issues in 2005 ban street vendors from operating on Mondays, when they must assist in cleaning the street or their working area.
In South Africa, as compared to Thailand, the Constitution treasures the right of one and all to choose their occupation, work, or profession freely. Their constitution in additional gives local authorities the restricted power to legislate on street trading and markets within their localities.
Thus, why the south African Businesses Act of 1991 consents local authorities to pass by-laws to govern the description of spaces for informal trading, the registration of informal traders, and above all the rules governing informal trade. Subsequent, each local authority has approved by-laws to regulate street vending.
Equally, in In Peru, their Constitution normalizes street vending at the national level. It offers that any person has the right to work freely in compliance with the law.
The constitution supports that the State should encourage conditions for social and economic progress, especially through policies that foster productive employment and vocational training.
Further analysis of their constitution indicates that their municipal and district ordinances control street vending in greater detail at the local level. Implying, these decrees regulate the designation and allocation of trading spaces, licensing of vendors, the sale of certain goods, engagement with local authorities, and above all sanctions for non-compliance.
Based on these examples and many more, key question is what is wrong with our system on these matters? Are there no thinkers in these authorities to provide solutions that would at the same time protect traders? For local authorities it is high time to design policies that would outline the provincial and local authorities’ strategic objectives for the regulation and development of the sector and define the roles of the different stakeholders regarding the sector.