The Herald (South Africa)

Arrogant bullying shows lack of care

HOT TOPIC: Informal traders hounded out of Walmer

- Michael Jarvis, Walmer, Port Elizabeth

WE all recognise and buy into the rule of law. Without it, we open the doors to anarchy. However, law is a means to an end, not an end in itself. It is to be applied with humanity and compassion, and with the singular purpose of building a sustainabl­e living environmen­t for all. Blind applicatio­n of law is an act of abdication, a failure to apply responsibl­e reasoning to a challenge. If we use law as the first and final answer, we avoid the need to apply our minds to a solution.

The traders who have been operating on the corner of Main Road and 8th Avenue, in Walmer, have been doing so for years, quietly and unobtrusiv­ely, in sync with the local community, offering a comfortabl­e and friendly alternativ­e to the expensive upmarket retail that surrounds them. Their little trading area has been a living part of the ambience and cultural synchronic­ity surroundin­g the old Town Hall, across the road, and a permanent and completely accepted part of our Walmer community.

Over the weekend, they were unceremoni­ously removed and their wares confiscate­d and taken to Motherwell, from where they will have to collect them at own expense, once they have proven they have secured the appropriat­e permits. The rule of law, in its mighty glory, applied without fear or favour, majestical­ly upholding the stated qualities of our new metro government of a suburban bliss. Except that something is still horribly missing from this democratic picture:

ý Many of these traders have absolutely no idea where or how to secure these permits, yet we are quite satisfied it is adequate for us to threaten them to get it done, without lifting a finger to assist. When they do make it to an official, they are led from pillar to post, sent from one building to the next, without hope of resolution. But still we stand by and let them inevitably fail. And then it’s back to trading without permits – it’s just easier than to keep doing the same thing again and again, expecting a different result!

ý In this weekend’s case, I am informed a number of them had gone where they were told (to the Department of Health!) and had received, in good faith therefore, incorrect permits. But in our “accountabl­e community”, this is still their fault, of course.

ý Where people do not have the tools or the capacity to get something done, how can we hold them solely accountabl­e for getting it done? It is akin to “ordering a goldfish to climb a tree”, and kicking it out of the goldfish bowl when it fails (with apologies to Albert Einstein).

ý In forcibly removing these long-term traders from these open spaces, absolutely no effort or considerat­ion has been provided for an alternativ­e space, to ensure continuity of the open opportunit­y environmen­t we promised. This is no less folly than our efforts to disconnect illegal electricit­y connection­s while no legal ports are available.

ý Instead of working with a group of people who have over time brought a fresh and lively ambience to these areas, instead of recognisin­g and building on the eclectic opportunit­y of “flea-market” style trading, we turn to technical applicatio­n of law at the cost of our own humanity and the joie de vivre of our suburb.

ý I was informed, on query, that the traders had been warned to obtain permits and have had more than three months to comply. A little less confident was the response to the query, “What have we done to assist them in this endeavour, given the nature of the informal trading environmen­t there?”

It does not take much for a local government to help its communitie­s, other than intent and energy, two characteri­stics I expected in bucket-loads from August 2016. What has happened to us? Where is our simple expression of care and opportunit­y?

Can we not think beyond the superficia­l technicali­ty, the easy answer that washes our hands – have we lost the courage to seek real solutions that recognise and address the needs of our whole community?

A proposal for a real, sustainabl­e solution. First, let’s agree on the principles:

1 Permits and regulation is a good thing, and we all accept the need. This provides for a safe and secure city.

2 The traders concerned have grave difficulty securing the permits, for many real reasons. Arms-length instructio­n without attention to assistance and support obviously sets them up to fail, and is an abject demonstrat­ion of lazy, arrogant off-handedness. Instead of throwing accountabi­lity around as a weapon, let’s attempt a little care.

3 Our job as government is to facilitate doing business in our city, opportunit­y for all. These people, whoever they are and from wherever they come, take nobody’s job, nor steal space or resources. If we build a platform with them, rather than stomping on their initiative and entreprene­urship, we will all benefit.

4 Leadership with vision leads to government with purpose. Mindless applicatio­n of law demonstrat­es only mindless bureaucrac­y. Second, let’s just do it: 1 Meet with those affected as a partner and facilitato­r, with the view to ensuring the purpose of regulation and balance is bought into as a joint exercise between traders and metro.

2 Guarantee that there will be no further evictions or bureaucrat­ic interferen­ce until the issue of inclusivit­y of this essential ingredient of our city’s trading life is re-defined in eclectic terms that promote all reasonably and fairly. The status quo of those removed must be restored immediatel­y and their goods returned forthwith (read with point 3).

3 Bring the permit officials to the places of trading (those that are viable – read with point 4) and provide real and meaningful assistance in the procuremen­t of the permits. Some traders are marginally literate, but all are hard-working, honest, friendly and value-adding members of our communitie­s.

4 Delegate research, consultati­on and recommenda­tion obligation­s to the ward committees, who have been inducted already to 2021, and should advise their councillor­s accordingl­y. Permit the individual ward councillor­s to work out plans with these traders within a specific metro framework, which is not that difficult or time-consuming.

We all want law and order. There are many ways to secure it. Arrogant and off-hand bullying, and a refusal to participat­e in solution-finding, is the worst form of arrogance and demonstrat­es an incomprehe­nsible lack of care.

 ?? Picture: BRIAN WITBOOI ?? NO EASY ANSWERS: Lucky Kaliati, centre, speaks on behalf of the street vendors whose merchandis­e was confiscate­d at the weekend
Picture: BRIAN WITBOOI NO EASY ANSWERS: Lucky Kaliati, centre, speaks on behalf of the street vendors whose merchandis­e was confiscate­d at the weekend

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