South Africa’s growing informal economy contributes substantially to our GDP. Were it not for this sector – also known as the “second economy” – South Africa ’s unemployment statistics would be much higher.
Yet on the streets many traders believe that in our cities’ efforts to conduct clean-up campaigns and promote themselves as world class, street trading is associated with grime and, even worse, crime. They accuse city officials of undermining their rights in violation of our constitution. The right to employment is, after all, enshrined in our constitution.
In order to eliminate the severe restrictions on street traders and hawkers during apartheid, the Business Act was established in 1991, which provides a regulatory framework for this sector. In terms of this act, municipalities are allowed to pass by-laws demarcating areas for informal trade while restricting others. Although certain areas, such as beaches, suburban streets and heritage sites may be off-limits to traders, the act specifies that traders are not required to produce permits to trade. Yet throughout South Africa , while preaching the benefits of informal trade, local government practises severe clampdowns on street traders who cannot produce permits.
In addition, corrupt officials allegedly use Metro Police and the traffic departments to enforce these spurious laws, often with force. Not only does there appear to be a flagrant disregard for South African law but also a disturbing abuse of human rights in the name of by-laws that have no legal foundation.
Special Assignment takes a street-eye view of the informal sector. We meet Cape Town traders such as Pierre Augoustinos, who over many years has conducted a campaign to expose the city’s alleged misuse and disregard for the law. But our investigation into his allegations extends beyond Cape Town and into Durban where we meet a trader who has taken the Ethekwini municipality to court for violating his rights to trade. Should he win his lawsuit this could open up a flood of similar litigation countrywide.
Trade-Off is produced by Hazel Friedman and was filmed by Andre Gous.
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