TOWN COUNCIL (HAWKING AND STREET-VENDING) REGULATIONS

(section 9*)

(26th April, 2002)

ARRANGEMENT OF REGULATIONS

    REGULATION

    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. 27, 2002.

1.    Citation

    These Regulations may be cited as the Town Council (Hawking and Street-Vending) Regulations.

*Originally made under the Township Act now repealed, these Regulations have been continued under s 94(2) of the Local Government Act, 2013.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 Regulations, unless the context otherwise requires—

    "authorised official" means the Town Clerk or City Clerk 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 regulation 4;

    "Council" means a city or a town council established under the Town Council Regulations (Cap. 40:02 (Sub. Leg.));

    "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 regulation 7;

    "Registrar" means a Town Clerk or City Clerk 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 Regulations.

    (2) Notwithstanding the provisions of subregulation (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 subregulation (1), as read with subregulation (2), shall be guilty of an offence under these Regulations.

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 Regulations 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 Regulations 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 Regulations.

5.    Period of certificate

    A certificate issued under regulation 4(4) shall, subject to the provisions of these Regulations, be valid for a period of two years and, unless renewed under regulation 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 subregulation (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 subregulation (1).

    (3) Subject to the provisions of subregulation (5), the Registrar shall, on application made in terms of subregulations (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 subregulations (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 Regulations 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