CENTRAL DISTRICT COUNCIL (HAWKING AND STREET VENDING) BYE-LAWS

(section 33)

(7th November, 2008)

ARRANGEMENT OF BYE-LAWS

BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Prohibition of hawking or street vending without certificate

    4.    Application for certificate

    5.    Issue of certificate

    6.    Period of certificate

    7.    Renewal of certificate

    8.    Register of hawkers and street vendors

    9.    Issue of duplicate certificate

    10.    Certificate not transferable

    11.    Modification, suspension, etc.

    12.    Duties of hawkers and street vendors

    13.    Prohibited forms of hawking

    14.    Prohibited forms of street vending

    15.    Appeals

    16.    Certificate to be produced for inspection

    17.    Offences and penalties

        Schedule

S.I. 92, 2008.

1.    Citation

    These Bye-Laws may be cited as the Central District Council (Hawking and Street Vending) Bye-Laws*.

*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.

2.    Interpretation

    In these Bye-Laws, unless the context otherwise requires—

    "authorised official" means the Council Secretary or any employee of the Council duly authorised as such, in writing, by the Council;

    "certificate" means a hawker’s certificate of registration or a street vendor’s certificate of registration, issued under bye-law 5;

    "Council" means the Central District Council;

    "council area" means the area under the jurisdiction of the Council;

    "hawker" means a person, under section 3, who carries on the business of selling goods from place to place within the Central District;

    "Police Service" means the Botswana Police Service and the Local Police Force;

    "register" means any register which the Council is required to keep under bye-law 8;

    "Registrar" means the Council Secretary or any employee of the Council duly authorised as such, in writing, by the Council; and

    "street vendor" means a person, under section 3, who carries on the business of selling goods from a pitch at which he stations himself, either in a convenient public place or upon land on which he has no right to control.

3.    Prohibition of hawking or street vending without certificate

    (1) A person shall not carry on the business of a hawker or street vendor within the council area unless such person—

    (a)    is otherwise unemployed or an employee covered by the minimum wages;

    (b)    is not forbidden by the conditions of his employment;

    (c)    is a citizen of Botswana;

    (d)    has attained the age of 16 years; and

    (e)    is the holder of a valid certificate issued in terms of these Bye-Laws.

    (2) Notwithstanding the provisions of sub-bye-law (1), a person who is not required to obtain a licence to carry on any business in terms of section 32(3) of the Trade Act (Cap. 43:02), may carry on the business of a hawker or street vendor and shall not be required to obtain a certificate.

    (3) A person who contravenes the provisions of sub-bye-law (2), shall be guilty of an offence.

4.    Application for certificate

    (1) A person wishing to carry on the business of a hawker or street vendor may make an application to the Registrar in Form A set out in the Schedule, supplying such information as the Registrar may require and, in particular, specifying—

    (a)    the class of goods to be traded; and

    (b)    the area at which he intends to trade at.

    (2) The application shall be accompanied by—

    (a)    two photographs, approximately five by four centimetres in size, clearly depicting the face and shoulders of the applicant;

    (b)    copy of the applicant’s identity card (in these Bye-Laws referred to as an "Omang") issued in accordance with the provisions of the National Registration Act (Cap. 01:02); and

    (c)    a non-refundable application fee as shall be determined by the Council from time to time.

5.    Issue of certificate

    (1) The Registrar may refuse to issue a certificate—

    (a)    if he is satisfied that the issue of such certificate would be contrary to the public interest;

    (b)    in respect of a particular class of goods, if he is satisfied that the carrying on of business in respect of that class of goods would be contrary to the public interest; or

    (c)    in respect of a particular area or areas, if he is satisfied that the carrying on of business in such area or areas would be contrary to the public interest.

    (2) The Registrar may, if he is satisfied that the applicant meets the requirements of bye-law 4, issue a hawker’s or street vendor’s certificate in Forms B and C set out in the Schedule respectively, subject to such conditions as he considers necessary or expedient, having regard to the provisions of these Bye-Laws.

6.    Renewal of certificate

    A certificate issued under bye-law 5(2) shall, subject to the provisions of these Bye-Laws, be valid for a period of two years and, unless renewed under bye-law 7, shall expire immediately after the lapse of two years from the date of issue.

7.    Period of certificate

    (1) A certificate may, upon expiry, be renewed by application made to the Registrar in Form D set out in the Schedule, for a period of two years and thereafter, for further periods of two years.

    (2) An application for renewal in terms of sub-bye-law (1), shall be made—

    (a)    not later than one month before the expiry of the certificate; or

    (b)    not later than one month before the expiry of any of the subsequent periods for which the certificate has been renewed in terms of sub-bye-law (1).

    (3) Subject to the provisions of sub-bye-law (5), the Registrar shall, on application made in terms of sub-bye-laws (1) and (2), endorse such renewal on the certificate and may attach such conditions to the renewal, as he may determine.

    (4) A certificate which is not renewed under sub-bye-law (1) shall expire and the holder thereof may apply for a new certificate.

    (5) The Registrar may refuse to renew a certificate if he is satisfied that—

    (a)    the conditions of the certificate have not been complied with;

    (b)    the conditions of these Bye-Laws have not been complied with; or

    (c)    it is in the public interest not to renew such certificate.

8.    Register of hawkers and street vendors

    (1) The Registrar shall keep a register of hawkers and of street vendors.

    (2) The Registrar shall cause to be entered into such registers the following particulars in respect of each hawker or street vendor—

    (a)    his full name;

    (b)    his certificate number;

    (c)    his date of registration;

    (d)    the types of goods allowed to be sold, as contained in the certificate;

    (e)    the area in which such goods may be sold, as contained in the certificate; and

    (f)    any other particulars which the Registrar may consider necessary.

9.    Issue of duplicate certificate