By Lovemore Khomo
LILONGWE-(MaraviPost)-The High Court on Tuesday, June 13, 2023 granted leave for a judicial review on the on the evictions and confiscations of street vendors goods by Lilongwe City Council (LCC).
Lilongwe Informal Traders are against the Lilongwe City Council by-laws that evicts informal traders from plying their trade on the streets and confiscating their goods.
Their application was made through Southern Africa Litigation Centre (SALC) and Centre for Human Rights Education Advice and Assistance (CHREAA).
Confirming the development, Head of Criminal Justice Program at SALC) Chikondi Chijozi said said the court has since set June 30, 2023 as a date for the hearing of a judicial review application.
Chijozi has since explained that the hearing is an interim order (injunction) restricting the City Council from evicting informal traders from the streets without allocating them a place of business and confiscating their goods.
Chijozi explained that the basis for judicial review is on the alleged different forms of abuse that council evictors and confiscators are involved in. she said such abuses may lead to human rights violation as there have been alleged cases of discrimination, physical assaults and harassments.
“The city by-laws discriminate against persons based on status and poverty and infringe on their constitutional rights, and the laws perpetuate discrimination and marginalisation, create barriers to informal traders’ economic development and empowerment, and further fuel inequality and poverty,” elaborated Chijozi.
This is the second case where informal traders were evicted from the streets, as on 8th December 2022, the High Court granted a temporary order restricting the Blantyre City Council from forcibly removing informal traders without due notice and reason.
The applicants will be represented by Felisa Kilembe Mitambo of Tembenu, Kilembe & Co. and supported by the Southern Africa Litigation Centre (SALC) and the Centre for Human Rights Education Advice and Assistance (CHREAA).
This comes as on April 28, 2023, the Lilongwe City Council published a public notice stating that from 2nd May 2023, informal traders were prohibited from engaging in illegal street vending.
City Council further warned that if anyone caught trading in undesignated places would be evicted from the streets and have their goods confiscated.
So far, city Council has been carrying out evictions and confiscations and assures to continues.
