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

(section 33)

(3rd December, 2010)

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.    Validity of certificate

    7.    Renewal of certificate

    8.    Issue of duplicate certificate

    9.    Certificate not transferable

    10.    Modification, suspension or cancellation of certificate

    11.    Register of hawkers and street vendors

    12.    Appeals

    13.    Duties of hawkers and street vendors

    14.    Prohibited forms of hawking

    15.    Prohibited forms of street vending

    16.    Certificate to be produced for inspection

    17.    Penalties for offences

        SCHEDULES

S.I. 115, 2010

1.    Citation

    These Bye-laws may be cited as theKgatleng 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*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.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 officer" 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 Kgatleng 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 Botswana, which business has an average monthly turnover of not more than P2 000;

    "register" means a register to be kept by the Registrar under bye-law 11;

    "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 in a pitch in a public place or upon land to which he has no right or control, which business has an average monthly turnover of not more than P2 000.

3.    Prohibition of hawking or street vending without certificate

    No person shall carry on the business of a hawker or street vendor within the council area unless that 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.

4.    Application for certificate

    (1) Any person wishing to carry on the business of a hawker or street vendor shall apply for a certificate to the Registrar in Form A set out in Schedule I to these Bye-laws.

    (2) The application under sub-bye-law (1) 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).

5.    Issue of certificate

    (1) The Registrar may, if satisfied that the requirements of these Bye-laws have been met, and upon payment of a fee set out in Schedule II, issue a hawker's or street vendor's certificate in Form B or C set out in Schedule I respectively, subject to such conditions as he may consider 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 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 that area or areas would be contrary to the public interest.

6.    Validity of certificate

    A certificate issued under bye-law 5(1) shall be valid for a period of two years.

7.    Renewal of certificate

    (1) A holder of a hawker's or street vendor's certificate may, upon its expiry, apply to the Registrar for a renewal of the certificate, in Form D set out in Schedule I, for a period of two successive years and thereafter for further periods of two years.

    (2) An application for renewal in terms of sub-bye-law (1) shall be made not later than—

    (a)    one month before the expiry of that certificate, or

    (b)    one month before the expiry of any of the subsequent periods for which the certificate has been renewed.

    (3) Subject to the provisions of sub-bye-law (4), the Registrar may, on receipt of an application, renew the certificate by endorsing on the certificate upon payment of a fee set out in Schedule II, and may attach such conditions to the renewal thereof as he may determine.

    (4) 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.

8.    Issue of duplicate certificate