Regulations of informal trade sector has always been problematic

As our country join the world to commemorate the Workers Day tomorrow, we take a look at the regulation of the informal trade sector within the SADC region. In South Africa, the informal sector employs many ‘poor’ people. The experience of the workers in this sector is one of pain, struggle and suffering. As evidence by weekend media reports, the hawkers or informal traders often sufferer harassment at hands of metro police in many cities across the country because of draconian by-laws and policies.     

Assertions that suggest that informal traders do not want regulations should be examined with caution. From interactions with traders, what we are hearing is that traders are opposed to the common practice where policies are made in their name, yet they have not be part of the formulation processes. What is termed as “inclusivity” in countries such as South Africa, which have begun to legislate informal trade is infact turning out to be a fallacy. It pretends that traders are consulted whilst on reality they have just be used to rubber stamp decisions that have been taken elsewhere. The study that was carried out by ESSET in 2011 found that many cities that have informal trading policies in South Africa use consultations simply as a “procedural requirement for ticking the box”.

Further, the challenge by traders is that regional policies that are aimed at addressing poverty fail to recognise informal trade. Like other poverty related policies, regional trade policies are geared towards big businesses. Failure to come up with policies that are in sync with the realities of cross border traders in this case discriminates against them. The same policy measures that are applied to big bussiness are also used for cross border traders and yet their operations are at different levels. This practice does not only reflect the unjust nature of our regional policies but also highlights contradictions in our policy regime. Whilst the sector is not officially recognised, the reality is that SADC generates revenue from cross border traders through duties and tariffs. In fact, it is suggested that informal cross border trade alone contributes an average of over US$17.6 billion per year in the region. Failure to recognise cross border traders as part of the bigger regional strategy also undermines even the very developmental agenda of the SADC.

The informal traders within the SADC region have undertaken various initiatives to strengthen their sector and ensure unity in order to challenge their status quo. Amongst others, this include establishment of the SADC Solidarity Network of Informal Traders in 2011. One of the goals of this network is to initiate and promote solidarity campaigns that are aimed at fighting injustices perpetrated against informal traders. Together with various social justice partners the network embarked on a Campaign against the Sexual and Economic violence of informal traders within the five SADC countries. Some abstract from the Memorandum presented by the network to the Office of the Deputy Minister of Trade and Industry in Pretoria in December 2011 read:  

“We believe that the Department of Trade and Industry (DTI) has a critical role to play in formulation of regulations and trade. We have approached the DTI because of the  observation that policy makers often react negatively to the informal trade sector. We believe that the DTI should play a guiding role in developing of appropriate policies, laws and regulations which promote productivity and improve the working conditions of those in the informal trade sector. We are relying on the DTI to lead policy and institutional reforms that will create an enabling environment for trade among traders within the SADC countries”.

 

ESSET hold Consultations with Informal Traders

The Ecumenical Service for Socioeconomic Transformation (ESSET) held a Consultation with informal traders at Khotso House on the 23^rd of April. The aim of the consultation was to reflect together on ways that would strengthen the voice of informal traders in the region. This is part of ongoing processes with traders who are members of the SADC Network of Traders that was established in May 2011. The Network consists of traders from South Africa, Swaziland, Zambia, Zimbabwe and Lesotho. It brings together in-country informal traders and cross-border traders with the aim to fight their struggles with a united voice. Informal trade in South Africa and other many parts of Africa has over the years been a source of livelihood and income for many households. It contributes to Growth Domestic Products (GDP) of national economies yet fails to be recognised.

The process amongst others will involve public meetings, focus group discussions and reflective meetings in different townships and locations with traders locally. A critical part of the reflections with traders will be collective analysis of their external and internal context impeding on their ability to trade in the SADC region. An action learning approach will be used based on the real everyday challenges faced by informal traders.

The process is aimed at serving the interests of traders who suffer daily injustices at the hands of government. It holds the  possibility of the emergence of a coherent political agenda of the SADC Network of Informal Traders that is grounded on the concrete experiences of traders; and will eventually inform their collective actions to bring about change in their world. It is further expected that it will generate valuable information by traders they will use to influence their own environment. Moreover, it is anticipated that the information from this process will dispel the myth that traders are not contributing to the economies of the SADC region, whilst at the same time affirming their role. 

At the end of the Consultative workshop held yesterday there were five themes identified. Under each theme, there were emerging issues that were highlighted as focus of the research in the upcoming focus group discussions:

1.      Obstacles to effective organizing and mobilizing in informal trader organizations:

• The criteria for and the nature of membership in informal trader organizations.
• The lack of clarity on the agenda of informal trader organizations.
•  Funding constraints in informal trader organizations.
•  Tensions in the relationship between members and non-members in trading spaces.
•  Conflict between the private interests of leaders and the expectations of members.
• The negative impact of cultural differences on participation and representation in informal trader organizations.
• The negative impact of unequal gender relations on inclusive participation in informaltrader organizations.
• The lack of unity in informal trader organizations/associations.
• Conflicts between local and foreign traders over scarce resources.
• The geographical spread of informal traders (across local, national and regional spaces) makes it difficult to build solidarity.
•  The pros and cons of establishing umbrella associations rather than small single organizations should be explored.

2.      Popularising the Southern African Development Community (SADC) Solidarity Network of Traders:

o    A lack of information exists on the SADC Network of Traders

3.      Effectiveness of government provided training and other non-financial support programmes and projects for informal traders:

o    The government’s form of communication for inviting street and market traders to participate in projects and programmes is ineffective.

o    Existing programmes and projects, such as “grow your business”, offer no concrete benefits for street and market traders.

4.       Access to finance:

      o    Stokvels could help to relieve the financial burdens of very small enterprises.

o    More information is needed on cooperatives. 

5.      Access to public land for street and market trade:

o    Street and market traders should be located on public land alongside formal private businesses. 

T     The consultations are not limited to conversations between informal traders and ESSET. We call upon all, including social activists, churches, faith communities, social movements and civil society organisations to also make inputs, comments and suggestions on issues raised above relating to informal traders. Contact us by telephone: 011 833 1190 or email: info@esset.org.za

ESSET Response to Minister Pravin Gordhan’s 2012 Budget Speech

The Ecumenical Service for Socio-Economic Transformation (ESSET), an independent ecumenical organisation that works for social and economic justice welcomes Minister of Finance, Pravin Gordhan’s melded and promising Budget speech.

We welcome the emphasis placed by the Minister on infrastructure development, which will be used towards generating the much needed skills and boost job creation in the country. In this regard, the Minister mentioned 43 major infrastructure projects, amounting to R3, 2 trillion in expenditure. Infrastructure development is considered by government as one of its major drivers towards job creation.

ESSET welcomes this initiative with caution as we believe such an initiative is unlikely to bring any shift in fighting poverty and inequality in the lives of many ordinary citizens, especially the youth and the unskilled poor in rural and urban parts of our country. Infrastructure development is only a temporary measure that fails to confront the systematic problems that feed inequality in the country. Although statistics show a small fall in the number of unemployed people in the second half of 2011, the levels of unemployment are still inexcusable. Currently, it is stated that the national employment average stands at 43%, with males averaging 51% of those employed and females at 37% (Statistic South Africa 2011).

It must be said that further analysis of employment would also show that the majority of those employed especially women, are in lower paying, contract jobs that do not have protection of worker rights. While the government encourages entrepreneurship, the majority of poor people such as informal traders remain excluded from the benefits of our economy. Informal traders often complain that the pronouncements made by government towards small businesses are only a token that fail to reach them. Despite their entrepreneurial spirit, they are usually shun at; not recognised and deprived of every opportunity to make an honest living. Majority of people in the informal trade sector are women, whom some are breadwinners or single parents trying to fend for their families.

ESSET is also concerned that despite the massive investments made by government towards infrastructure development, state resources are often used to preserve an institutional framework that protects and promotes the interests of big business at the expense of the majority of poor people. Often money is used to award tenders to big businesses who in turn exploit the poor labour force. If unchecked, South Africa is reaching a point beyond which it may be very difficult to inverse corruption in the public sector”. For far too long now the government procurement processes have been characterized by rampant corruption, bribery, abuse of state in improper awarding of tenders by coffers by public office bearers and senior executives’ in institutions of government is one of the serious concerns.

ESSET is disenchanted that the Minister is still hell-bent on coercing the public to pay R550 burden of funding the e-toll system in Gauteng. This will automatically lead to hike in transport costs, which will further have agonising consequences on poor people and small businesses such as informal traders. We however welcome the move by the Minister to heed to President’s call to address lack of capacity, better project management and ensuring flawless procurement processes to safeguard the hard earned taxpayers money, avoid improper excessive spending, instil culture of financial discipline and ultimately ensure that government get value for money from any service provider contracted to render a service. It is a well-known fact that in the past, sensible promises were made but never see the light of the day but we hope the Minister will do everything possible to ensure accountability of state resources and taxpayers money.

We have noted the Minister’s consistency in tax relief throughout the years, especially towards taxpayers in low-income brackets, small business and micro-enterprises. We also welcome the move to effectively increased capital gains tax rates to 13.3% for wealthy individuals, 18.6% for companies, and 26.7% for trusts, effective from 01 March 2012. ESSET however believes that wealth taxes are only a means to address symptoms of our sick economic system that continues to produce inequality between the rich and the poor.

The real challenge for South Africa is its discriminatory economic system, where the creation of wealth for some is related directly and indirectly to the increase in poverty for others. We are worried that every year there is under spending by various institutions of government and municipalities mainly because of lack of capacity. This is despite the fact that many communities especially in townships and rural areas are without basic services. We are disappointed at yet another increase on electricity and fuel this year. If government was able to budget for infrastructure development why was it difficult to also budget for the ever increment on electricity and fuel prices.

We hope there will be political will and capacity to ensure that all the noble commitments and promised made by the Minister and the President came to be realised. In the past, sensible policy pronouncements and promises made in the budget speeches were not followed through. Maladministration, corruption, fraud, political interference, bureaucratic chaos and incapacity of public personnel were often allowed to encumber the implementation and thus delay the rights of the poor to be recognized. We urge government to support the poor by making their budget more pro-poor, so as to enable the poor to access their every daily bread.

SADC Informal Traders Campaign Update – 07/12/2011

Report by Cecilia Dube (Women Informal Development Forum)

It is our honour to inform you that Women Informal Development Forum (WITF), a structure representing women informal traders will be picketing and making a submission to the Office of the Deputy Minister of Trade & Industry. The picketing and the making of submission form part of the SADC Informal Traders Campaign against Sexual and Economic Violence, which is aimed at raising awareness of the struggles and human rights violations of informal traders within the SADC countries. As women informal traders in South Africa we are using the 16 Days of Activism against the Abuse of Women and Children to raise awareness about our plight as women and make demands to government about our rights and dignity.
The Picketing and making of Submission event is scheduled as follows:
Date: 9th December 2011
Venue: DTI Offices, 77 Meintjies street, Sunnyside, Pretoria
Time: 12pm

Report by Sipho Thwala (SADC Informal Traders Campaign)

Informal Traders in Gauteng rounded off the year on a high note when they elected the Gauteng Informal Development Forum, a provincial structure representing informal traders in the province.
The leadership of the Gauteng Informal Development Forum are:
Mike More- Chairperson
Sam Taraka- Deputy Chairperson
Lule Pretorius- Secretary General
Juleka Latib- Deputy General Secretary
Frans Seema- Co-ordinator
Phumlani Ndlovu- Treasure
Clifford Dube- Administrator
Leon Barclay- Chairman (Investment)
Bonisile Malati- Deputy Chairman (Investment)

Report by Bhevha Hlophe (CIEAS, Swaziland)

The Coalition of Informal Economy Association of Swaziland (CIEAS) is still running in full steam with the activities of the SADC Informal Traders Campaign, aimed at putting an end to sexual and economic violence on informal traders. On the 05th December 2011 (Monday) we held a rally with informal traders in the Hhohho region. The rally focussed on issues and challenges affecting informal traders in Swaziland. So far in the different places where we held our rallies it has become clear that most of the traders across our country struggle with similar challenges though situated in different regions. For example, rally after rally we were told by traders that they lack proper stalls to trade. Those who are cross-borders, especially women traders complained of sexual harassment at borders while over taxation is also another serious concern for most cross border traders. We could not help but notice how the traders appreciated our effort to discuss with them about their experiences and challenges. It is however sad that we could not go to every region and speak to all of them because of financial constraints. Our wish is that before the end of this year we should be able to organize a workshop for traders who are widows. The idea is to ensure that they are empowered to know their rights, especially since some men hide behind culture to exploit them. Therefore we are planning on organizing a workshop and invite some legal experts to come and empower them accordingly.

Report by Riedewaan Charles (Western Cape Informal Traders)

In Western Cape informal traders on the streets and those selling in the demarcated areas at least have not experienced any impounding for a month now and we hope it continues to be like that. However, we are disturbed that traders selling on the metro rail are being harassed left right and centre by the metro rail security, who only explain their action as enforcing the law. The challenge is that when we approach Intersite, we are not allowed to see the managers instead we are told to set an appointment first and lay a complaint at the information desk. Nevertheless, our complaints never get to the manager (s) and we also not afforded opportunity to meet the manager (s) so that we are able to engage her or him about the harassment of rail traders. We have also been busy mobilising and organising the sector in the province. We have noticed that most of the informal traders lack skills, even of running their own organisations. Lack of skills of informal traders in Western Cape have as a result led to the split of 43 informal trader organisations, but we have been successful in mobilising traders to resuscitate 20 organisations. We believe that if we can be able to have proper structures of traders it will be easier to speak with one voice, get funding and challenge government forcefully to take us seriously as the sector. We envision forming a strong inclusive provincial informal trader’s structure by next year February.

SADC Informal Traders Campaign Update

SADC Informal Traders Campaign Update – 21/11/2011

Report by Tsolo Lebitsa (Lesotho)
A committee of informal traders in Lesotho led by a trader association called Khathang Tema Baitsukuli and partnered by Lesotho Council of Churches yesterday (16/11/2011) held a rally with their councillors and the Market Master in Mafeteng. In Lesotho, the Market Master is the one responsible for the allocation of stalls for informal traders at the market place whilst the councillors are strategic for engagements about development and sites allocation. During the rally the councillors agreed with the informal traders that the current market in Mafeteng which was since built in 1969 and can only accommodate 100 traders need to be expanded and refurbished. At the event, the traders committee was also able to distribute questionnaires to more than 50 traders who were in attendance. Amongst others the questionnaire touches on issues of policy and regulation of the informal traders locally as well as treatment of cross-border traders. The rally formed part of the activities undertaken by informal traders during the SADC Informal Traders Campaign to highlight their marginalisation and exclusion from partaking in the economy of their country. The informal traders who attended the rally came from Mafeteng and other neighbouring areas such as Tetenara, Thabaneng, Matholeng, Matseke and Motsekuoa.

Report by Sipho Thwala (Orange Farm, South Africa)
As part of the SADC Informal Traders Campaign, aimed at putting an end to sexual and economic violence on informal traders, the campaign co-ordinating team in South Africa last week visited the traders at Orange Farm Stretford station upon hearing that there will be a march against them. According to the two elderly informal traders who have been trading at the station for years the councillor, landlord of the land at the station as well as other government stakeholders have mobilised the community to march against them. This they believe is an attempt to make them move out from the station and make way for the development of the mall. The two elderly women explained that they feared for their lives because they are the one having an agreement which makes provision for them to continue trading at the station even when the mall is built. The campaign co-ordinating team, ESSET officials and representatives from Orange Farm Fraternal paid traders at the station a visit a day before the march and also wrote a letter to the councillor in the area about the concerns of the traders as well as seeking police protection for traders. The march never materialised and the traders at the station are continuing to trade with no disturbance.

Report by Sipho Thwala (Eldorado Park, South Africa)
Informal traders selling next to Shoprite in Eldorado Park receive a shock of their lifetime over the weekend when unexpectedly, the metro police pounced on them and even shoot bullets in the air before confiscating their goods. The Chairperson of the traders in Eldorado Park, Leon Barclay says: “We have never been harassed by metro police before. Thus, we were all surprised by the harassment incident over the weekend because we never received any complaint for trading illegally nor have they informed us of demarcated spaces for trading. Also surprising is the fact that the metro police only attack coloured traders. But we will not give them a chance again; if they can come and harass us we will fight them back. We are ready for them”.

Report by Mrs Regina Muwowo (Zambia)
The Zambian government is one amongst the very few states within the SADC region which support the informal trade sector. We wish many of states can emulate it by supporting the informal traders. The Copper belt Cross Border Traders (CBTAKT) and Integrated Business Association (IBA) are some of the informal business structures that enjoy the support of the Zambian government. The government has even donated five containers, land and three warehouses to informal traders belonging to the CBTAKT and IBA. Government officials are usually invited to attend workshops and other events hosted by CBTAKT and IBA.

The Zambian Development Agency is an agent in the government that helps the informal sector to develop into well-established entities. The same agency identifies foreign Companies to be linked to local traders so that they can learn new skills. The government promote lower interest charges by the commercial banks and other financial lending institutions to encourage more people in the informal sector to have access to loans and start businesses. The government also has established the Citizen Economical Empowerment Commission which identifies women and youth groups who have viable business proposals or projects to undertake, but have no access to capital. Upon identifying these groups, they are given loans to start-up business. By so doing, employment is created in the informal sector both to the youths and women. Even the disabled benefit from the same programme because they also form part of the informal sector in this area of trade.

Report by Bhevha Hlophe (Swaziland)
The Coalition of informal economy Association of Swaziland held two rallies on the 15th and 17th November with informal traders in Nhlangano and Madlangisi respectively. The rallies focussed on issues and challenges affecting informal traders in Swaziland. The rallies were also used as platform to mobilise local traders and raise awareness about the SADC Informal Traders campaign. The coalition is preparing to hold bigger rally in the first week of December 2011 which will bring informal traders from different regions of Swaziland to come and strategize on how to advance their struggle and engage their authorities.

SADC Traders Campaign, putting the traders issues on the SADC agenda

Despite having attained independence and democracy, many countries in the Southern African Development Communities (SADC) still continue to grapple with social and economic challenges. Poverty, inequality and unemployment are but some of the key challenges being experienced by some countries within the SADC region like South Africa, Zimbabwe, Zambia, Lesotho, and Swaziland. According to the SADC Regional Indicative Strategic Plan, 70% of the population in the region are living below the international poverty line of US$2 per day. It is also in these countries where many rely on informal trade to earn a living. However, very few states allow informal trading to be part of their cities cadence and bustle.

Informal trade is not only a means to create employment within the SADC region but its also a main source of income for many families. Policy and Advocacy Director at the Trade Collective, Dr Lebohang Pheko says that in SADC informal trade contributes an average of over US$17.6 billion per year. Further, some SADC states continue to acquire revenue from duties and taxes charged to small informal traders who operate across borders, though they do not recognise the sector as being part of the national and regional economies. Informal trade is seen as a sector evading tax and therefore illegal, rather than an alternative for making livelihood.

Majority of those in the informal trade sector are women. Some women turned to street trading to run away from the unbearable conditions that they were being subjected to at home. Unlike their male counter-part, the anguish of women traders goes beyond having to deal only with harsh atrocious working conditions to municipal by-laws and policies that purge them from peddling the corners of the streets. They have to deal with cultural, religious and traditional stereotypes.

It is therefore against this background that as informal traders within the SADC region, we have decided to run a campaign that is aimed at putting an end to their economic and sexual violence. Countries participating in the campaign are South Africa, Lesotho, Swaziland, Zimbabwe and Zambia.

Some of the challenges we experience includes:

 Absence of decent trading places
 Sexual advances on women traders
 On-going police harassment and stock confiscation
 Theft and bribery from government officials and custom officers at
borders
 Fragmentation that bound within the informal trading sector
 Xenophobic tendencies against foreign nationals
 Informal trader formations misconstrued as opposition parties

Informal Traders in the SADC region demands:

 Stop to economic and sexual violence
 Fair treatment of Informal traders
 Pro-informal traders policies and by-laws
 Respect for the rights of informal traders

We call upon all, including faith communities, social movements and civil society organisations to stand in solidarity with Informal traders in the SADC region as we fight against unjust policies, systems of marginalisation and for our right to trade. You can show solidarity with us in the campaign by endorsing our statements, issuing articles or writing letters to media houses as well as sending us your messages of support.

Organisations who are already partnering the SADC Informal traders campaign are Ecumenical Service for Socio-Economic Transformation, Regional Export Promotion Trust (Zimbabwe), Economic Justice Network (EJN), Lesotho Christian Council, Swaziland Christian Council, Zimbabwe Council of Churches, Khathang Tema Baitsukuli (Lesotho), Coalition of Informal Economy Association of Swaziland, Women Informal Development Forum and Abahlali BaseMjondolo Women’s League.


For more information about the campaign or how you can show your support, contact Sipho Thwala (Campaign Co-ordinator) at ESSET Office Tel No: + 27 833 1190. Alternatively email him at: sipho.qhass@gmail.com or info@esset.org.za. More information will also be on ESSET website: www.esset.org.za

Women traders in Rustenburg take charge of their struggle

Great strides is being made by women informal traders in Rustenburg, North West just few months down the line following with them on their rights and how these are continually undermined. The reflections took place at the Rustenburg Taxi rank, with about 30 women. The platform gave women a space to criticially analyse the rules and regulations of informal trade; their experiences in the existing spaces for participation and engagements with government departments that have been constitutionally entrusted with the responsibility to bring development in the informal trading sector. These reflections also gave women a space to voice out issues affecting their day-to-day work and to devise strategies to ensure that their voice is heard.

A number of disturbing issues emerged from the reflections. We learnt that there is no clear policy on informal trade. The laws that are used to regulate informal trade in the area and the province still reflect the old apartheid rule. The municipality tends to communicate with traders through newspapers and by-law booklets written in English and Afrikaans, which is not reader-friendly to most traders who are illiterate. These by-law booklets or newspapers would have on them information on the the processes that should be followed when goods are being confiscated, but because the traders are not familiar with the language, they will then have to bear the feeling of loosing their goods.

Traders are not involved in policy formulation processes affecting them with no measures made to ensure that they participate. The current by-laws work against informal traders, who are mostly women. Women traders also suffer unfair law-enforcement by municipal police who often fail to follow proper procedures. Women complained that whilst the informal trade sector is dominated by women, most of their leadership committees consist of mainly men, who at times are not even traders themselves. Decisions taken thus fail to consider their views.

Another concern raised by women was that in as much as women traders are aware of the unfair policy processes that exclude them, they preferred to remain silent and focus on the fact that they are able to wake up everyday and work for their families. When questioned about why they did not oppose this unfair practice, they indicated that that this is how things are done there. They linked this to their Batswana culture where women are expected to remain submissive to their men.

In this regard, they expressed their belief that a better solution for a woman or for a woman‘s problem is a man, “Sethlare sa mosadi ke mmona“. This basically means that, whatever the man or (leaders) do either wrong or rightly so, is ok because they were ‘meant‘ for that – to be decision-makers, leaders and heads of the family and society. The women have also extended this belief to other areas of their lives, including race. They alluded to the fact that generally, poorBatswana community believes that a solution for a motswana person or a black-person is a white man. This in essence indicate that there is nothing a motswana person can do without the intervention of a white person.

Listening to these assertions, it was very clear that socialisation and internalised oppression is playing a major role in delaying transformation in the lives of these women. In fact, to us their socialisation is playing a critical role in reinforcing their harrassment and violation of their rights both by government and some of their male counterparts. The kind of oppression witnessed in this province is not peculiar amongst informal traders but is prevalent amongst other people in other provinces as well. Many people as a result continue to be disempowered as those in power take advantage of their vulnerabilities.

However, we were pleasantly surprised at the end of our engagements with women traders in Rustenburg when they indicated that the reflections have opened their eyes and minds. The women also strongly felt that it is in their best interest to raise their own voice in all processes that concern their sector and their lives. They resolved to mobilize themselves as women informal traders in that area. This was going to begin with a meeting they planned to convene as women to start to conscietize each other on their rights and how they can protect and promote those rights.

We visited the group three months later. We learnt that the women did not waste time in putting their resolutions into effect. They started to mobilize themselves with the aim to addresss some of their internal issues such as encouraging unity amongst themselves as traders, liase with the other groups of informal traders in the area. During that time, the local municipality through its law-enforcement agency; metro police, embarked on a clean-up campaign which led to the confiscation of their stock.

This took place without prior consultation with traders. As usual, the women traders expected their leaders who are men to act in their defence. When women observed the reluctance of their male counterparts, they were reminded of the information that was recently shared with them on their rights. They decided to take matters into their own hands using the knowledge they have gained and commitments they have made. They contacted the Lawyers for Human Rights and narrated their ordeal, which the lawyers agreed to help them. They set an appointment andorganised their own transport to meet with the lawyers. There were about 33 women in total who met with the lawyer.

The decision by women traders to consult the lawyers evoked a reaction from the male dominated leadership committee who felt disrespected. This kind of reaction is of cause a matter of concern, and reflects the general resistance to gender transformation in our society. This attitude is prevalent in most spheres of our society where men feel disempowered when women start to take a leadership role. This tendency also tends to contribute to domestic violance .

However, despite this setback, the meeting with the lawyer ended on a positive note with the lawyers agreeing to file a court case against the municipality. On the day of the court case the women traders organised their own transport and went to Mafikeng High Court on their own. One could see the joy and pride in their faces as they told their story. They were proud of the way they have acted upon their plight by themselves. Certainly to them, the ruling of court which worked in their favour was a cherry on top.

The Mafikeng High Court ordered the municipality to stop harrassing the traders and to stop confiscating their stock until the municipality arranged a meeting with the traders‘ lawyers to find a mutual agreement or an out- of court settlement. The court also ruled that the municipality should compensate each trader an amount of R500 for the confiscated stock. If the municipality continues to violate the rights of informal traders, the municipality would have to pay a fine of R50 000. This was clearly a resounding victory for informal traders. 33 women informal traders from Rustenburg stood the test of time by taking a lead in fighting for justice and protecting their rights by challenging the local authorities and forces of power that sought to undermine their rights. The women were happy that they can now trade without fear of being harrassed by the authorities.

Clearly, there is a sign of a real shift of mind-set from the time when we met women traders in Rustenburg. This also verifies that women can really effect change in our society. Even those in power in that area will from now onwards have to think twice when dealing with these women. Some of them have told us that they have also decided to stop believing on the cultural phrase that says: “the solution for women‘s problems is a man“. They said taking a lead in their struggle has been something that they have always longed for and just one initiative has proven that they are capable. They stated that they could not afford to be led by people who seem to care less about what matters most to them as women. Forward with women empowerment!

By: Mandla HK Mndebele
ESSET Programme Assistant