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

(under section 33)

(27th October, 2006)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Prohibition of hawking or street-vending without certificate

    4.    Application for Certificate

    5.    Validity of Certificate

    6.    Renewal of Certificate

    7.    Register of hawkers and street-vendors

    8.    Issue of duplicate certificate

    9.    Certificate not transferable

    10.    Modification, suspension or cancellation of certificate

    11.    Duties of hawkers and street-vendors

    12.    Prohibited forms of hawking

    13.    Prohibited forms of street-vending

    14.    Appeals

    15.    Certificate to be produced for inspection

    16.    Penalties for offences

        Schedule

S.I. 79, 2006.

1.    Citation

    These Bye-Laws may be cited as the Ghanzi 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.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 4;

    "council" means the Ghanzi District Council;

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

    "hawker" means a person who carries on the business of selling his goods from place to place within the Ghanzi District Council area;

    "Police Service" means the Botswana Police Service or the Local Police Service;

    "Register" means any register which a Council is required to keep under bye-law 7;

    "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 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 which he has no right to control.

3.    Prohibition of hawking or street-vending without certificate

    (1) No person shall carry on the business of a hawker or street-vendor within the council area unless such person—

    (a)    is a citizen of Botswana;

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

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

    (2) Notwithstanding the provisions of sub-bye-law (1), any 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) Any person who contravenes the provisions of sub-bye-law (1), as read with sub-bye-law (2), shall be guilty of an offence under these Bye-Laws.

4.    Application for Certificate

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

    (a)    class of goods to be traded; and

    (b)    area in which he wishes to trade.

    (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; and

    (b)    a certified 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).

    (3) The Registrar may refuse to issue a certificate to any person—

    (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 the 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 the business in such area or areas would be contrary to the public interest.

    (4) The Registrar may, if he is satisfied that the requirements of these Bye-Laws have been met, issue a hawker's or street-vendor's certificate as set out in forms B and C of the Schedule respectively subject to such conditions as he considers necessary or expedient having regard to the provisions of these Bye-Laws.

5.    Validity of Certificate

    A certificate issued under bye-law 4(4) shall, subject to the provisions of these Bye-Laws, be valid for a period of two years and, unless renewed under bye-law 6, shall expire immediately after a period of one year from the date of issue thereof has elapsed.

6.    Renewal of Certificate

    (1) A certificate may, upon its expiry, be renewed by application made to the Registrar as set out 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)    no later than one month before the expiry of that certificate; or