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

(under sections 44 and 45)

(13th April, 2017)

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 or cancellation of certificate

    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.    Penalties

    18.    Repeal of S.I. 90 of 1998

    19.    Savings

        SCHEDULE

S.I. 41, 2017.

1.    Citation

    These Bye-laws may be cited as the Kgalagadi District Council (Hawking and Street Vending) Bye-laws.

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 Kgalagadi District Council;

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

    "hawker" means a person who carries on the business of selling goods from place to place within the council area, which business has an average monthly turnover of not more than P2 000;

    "register" means a register kept 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 who carries on the business of selling goods from a pitch or an identifiable temporary stand at which he or she stations himself or herself, either in a convenient public place or upon land which he or she has no right to control and within the council area, which business has an average monthly turnover of not more than P2 000.

3.    Prohibition of hawking or street vending without certificate

    A person shall not 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;

    (c)    is the holder of a valid certificate issued in terms of these Bye-laws; and

    (d)    is unemployed or is an employee of trades, sections of trades, industries and sections of industries for which the Minister may fix minimum wages in terms of the Fourth Schedule of the Employment Act (Cap. 47:01).

4.    Application for certificate

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

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

    (b)    the area in which he or she wishes to trade.

    (2) An application under sub-bye-law (1) shall be accompanied by—

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

    (b)    a copy of the applicant's national identity card issued in accordance with the National Registration Act (Cap. 01:02).

5.    Issue of certificate

    (1) The Registrar may, if he or she is satisfied that the requirements of these Bye-laws have been met, issue to the applicant, a hawker's certificate in Forms B set out in the Schedule, or a street vendor's certificate in Form C set out in the Schedule, as the case may be, subject to such conditions as he or she considers necessary or expedient, having regard to the provisions of these Bye-laws.

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

    (a)    if the Registrar 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 the Registrar is satisfied that the carrying on of business in respect of that class of goods would be contrary to the public interest;

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

    (d)    for any other reason which the Registrar thinks is expedient having regard to the provisions of these Bye-laws.

6.    Period of certificate

    A certificate issued under bye-law 5(1) shall, subject to the provisions of these Bye-laws, be valid for a period of two years.

7.    Renewal of certificate

    (1) An applicant may, upon expiry of a certificate issued under these Bye-laws, apply to the Registrar, in Form D set out in the Schedule, for renewal of his or her certificate for a further two year period.

    (2) An application for renewal in terms of sub-bye-law (1) shall be made not later than one month before the expiry of the certificate and shall be accompanied by a non-refundable fee of P20.

    (3) Subject to sub-bye-law (4), the Registrar shall renew the certificate and may attach such conditions to the certificate as he or she considers necessary.

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

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

    (b)    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 and maintain a register of hawkers and street vendors.

    (2) The Registrar shall cause to be entered in such register the following particulars in respect of a holder of a hawker's certificate or a street vendor certificate—

    (a)    his or her full names;

    (b)    his or her certificate number;

    (c)    the date of issue of the certificate;

    (d)    the types of goods allowed to be sold as set out in the certificate;