HAWKING AND STREET-VENDING (MODEL) BYE-LAWS

(section 38)

(24th August, 2001)

ARRANGEMENT OF BYE-LAWS

    BYE-LAW

    1.    Citation

    2.    Interpretation

    3.    Prohibition of hawking or street-vending without certificate

    4.    Application for certificate

    5.    Period 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. 38, 2001.

1.    Citation

    These Bye-laws may be cited as the Hawking and Street-Vending (Model) 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.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 District Council which has adopted these Bye-laws;

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

    "hawker" means a person, being otherwise unemployed, who carries on the business of selling his goods from place to place within Botswana, which business has an average monthly turnover of no more than P500 per month;

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

    "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, being otherwise unemployed, 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, which business has an average monthly turnover of no more than P500 per month.

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 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 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.

    (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.    Period 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 two years 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, 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

    (b)    no 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 thereof as he may determine.

    (4) Any certificate which is not renewed pursuant to an application made in accordance with sub-bye-laws (1) and (2) shall expire and may be renewed only by applying 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 licence.

7.    Register of hawkers and street-vendors

    (1) The Registrar shall keep a register of all registered hawkers and another of all registered street-vendors.

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

    (a)    his full names;

    (b)    his registration certificate number;

    (c)    the 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.

8.    Issue of duplicate certificate

    (1) The Registrar, on being satisfied that a certificate issued in terms of these Bye-laws has been lost or destroyed, shall issue a duplicate certificate to that person.