Mall management and hawkers in space tussle
Lebogang Baingapi | Friday September 18, 2015 15:33
The company had ordered that they vacate their premises but the hawkers have stubbornly refused to leave citing that they have nowhere else to go.
About two months ago, Advent Enterprises, represented by Thabiso Tafila, issued the informal traders with eviction letters that bore an ultimatum stating that the hawkers should move from the premises or face legal action.
The issued letter threatened that failure by the vendors to vacate the premises would result in the lawyers calling the police to chase them out out and further make an application to court for an eviction order.
“The costs that will be incurred by us shall be borne by you. We hope it will not be necessary for us to adopt the above actions and that you shall pay heed to our clients’ request and leave the premises forthwith,” read the eviction letter.
The lawyers reminded the vendors that the lease agreement between the owners and their tenants included a clause which stipulated that the owners of the mall undertook to prevent vendors and/or hawkers from occupying the premises, that include the car park to sell their products and thereby blocking the space for customers of the tenants and taking business away from the tenants.
“That, despite the fact that this is a private property entrance of which is limited only to members of the public and prospective customers as well as customers of our clients’ tenants, you have taken up occupation of the car park and you are selling your products in the car park and in front of the shops belonging to our clients’ tenants,” reads the letter.
But in the interview this week, the hawkers danced to a different tune, insisting that they would not leave.
One hawker, Oduetse Rabanna, told Mmegi that he did not sign the said letters and is not threatened by the law.
Rabanna said the letters did not specify the date they should move nor a valid reason why they should move.
“The reason stated by the mall management that they (hawkers) are operating on a private property illegally, is not sound,” he charged.
Rabanna however admitted knowledge that the mall was built without the inclusion of hawkers space, but argued that there is still an open space in the mall where they can be accommodated at a price.
Rabanna said they are trading from a prime area and would not move. He added that they were chased from trading in front of that mall early this year, and then settled next to the mall, but they were evicted again by Jwaneng Town Council because there were fire headed pipes where they operated from.
Another hawker who spoke on condition of anonymity, said they were not given time to read and understand the letters from the lawyers before signing them.
The hawker insisted mall owners should look for an alternative place for them to operate from before evicting them. She also said that the mall management’ main gripe is that the hawkers operate from the parking space area, which isreserved for customers.
‘The issue can however be sorted out without threatening eviction or engaging lawyers,” she said. Arabang Ludick, who sells oranges and airtime, said she would not move.
Although she acknowledged that the shop owners pay rent, the hawkers could not move because their businesses would collapse. She said they have been fined by the bye-law office before and they filed affidavits before the police, where they swore to never trade from that place again.
The mall manager, Fredrick Vilander, expressed worry that the hawkers did not seem to want to vacate the mall premises. He said the police affidavit and letters the hawkers signed, were enough documentation to prepare an eviction order through an attorney.
Vilander said one of his tenants had complained that that the hawkers blocked their shop entry and denied customers parking space.
Vilander said he had been at war with the hawkers since 2005, and was know at wits end over what to do. “I don’t want these hawkers on my premises, and I am the least bit concerned where they go. If they are not in my space, then I am satisfied,” he said.