Approved
and adopted by the
December 2001
Contents
Acronyms
3 THE APPROACH TO THE INFORMAL ECONOMY
4
THE STATUS QUO
– THE INFORMAL ECONOMY IN
4.1 Economic contribution
4.2
4.3 Resource allocation
4.4 Critical problems and challenges
5.1 Planning
5.2 Allocations policy
5.3 Registration
5.4 Rentals policy
6 AREA-BASED MANAGEMENT COMBINED WITH SECTOR-BASED SUPPORT TO SMALL ENTERPRISES
6.1 Management zones
6.2 Area management team, and an area building
6.3
Sector-based support
7 INTEGRATED FUNCTIONS OF MANAGEMENT, SUPPORT FOR ENTERPRISE DEVELOPMENT, AND REGULATION
7.1 Management
7.2 Support for small enterprises
7.3 Regulation and control
7.4 Information system
9
ASSISTANCE WITH BUILDING THE CAPACITY
10 PROMOTION OF SAFETY AND SECURITY THROUGH LOCAL ACTION
11 SECURING THE PARTICIPATION OF FORMAL BUSINESS
12 INTEGRATED AND INCLUSIVE INSTITUTIONAL STRUCTURES
13 MONITORING AND EVALUATION MECHANISMS
14.1 Alice Street Pilot Programme for integrated management and support
14.2 KwaMashu Pilot Programme for integrated management and support
14.3 Umlazi Pilot Project for focused support to stall-holders in a new market
15 TRANSITIONAL ARRANGEMENTS: PRIORITISING AND SEQUENCING
16 CONCLUSION
2 Allocations Policy
4 Rentals Policy
5
6 Bylaws – framework principles
7 Further Pilots
8 Research Gaps
9 Members of the Technical Task Team
10 Research and documentation for the Technical Task Team
2 Rentals
3 Foreign workers
ACRONYMS
ACHIB African
Chamber of Hawkers and Informal Business
BPCC Best
Practice City Commission
CBD Central
Business District
CCMA Commission
for Conciliation, Mediation and Arbitration
CMDA Cato
Manor Development Association
DMA Durban
Metropolitan Area
DTI Department
of Trade and Industry
EDD Economic
Development Department, Durban Metro
ILO International
Labour Organisation
ITMB Informal
Trade Management Board
ITSBO Informal
Trade and Small Business Opportunities branch
LTDP Long
Term Development Plan, Durban Metro
NGO Non
governmental organisation
N&SCLCs North
and South Central Local Councils
SAPS South
African Police Services
SEWU Self
Employed Womens Union
SMME Small
Medium and Micro Enterprise
TBDC Thekwini
Business Development Centre
The informal economy makes an important
contribution to the economic and social life of Durban. In the past, there were strict rules
controlling street trading and the establishment of built markets. Home based
work was largely not in the domain of local government. The rapid deregulation
at the beginning of the 1990s, as well as the transition in local government,
led to a changed policy environment. Durban has committed itself to promoting
economic development, but has had no comprehensive, written policy to guide the
management and support of workers in the informal economy.
2.1
The policy process was undertaken for the North and
South Central Local Councils (N&SCLCs), two of Durban’s six local
councils. It has however kept in mind
that by the end of 2000, all local councils and Durban Metro will be merged
into one unicity.
2.2
The
policy process was consultative. Interviews and workshops were held with a
variety of stakeholders, including informal and formal business organisations,
councillors, officials, civic organisations and development forums, as well as
members of the public. (See Annexure 1: The Consultation Process, for details.)
2.3
Section 3 of this report gives the broad vision or
approach adopted by the Technical Task Team. Section 4 gives a brief outline of
the informal economy in Durban.
The health of the entire economy is important. The economy does not
divide neatly into ‘formal sector’ and ‘informal sector’. Rather, the different
sectors, such as manufacturing, tourism, services, and construction, are on a
continuum which has a more formal end and a more informal end. The great
challenge to local government, in its support for economic development, is to
enable the creation of as many opportunities for work as possible, at different
points long the continuum, while ensuring health and safety, orderly planning
and management.
All work, whether in the more formal or more
informal ends of the continuum, is to be valued, and especially when
unemployment is so high,[1]
and when there is a high link between unemployment and crime. The HIV/ AIDS
epidemic is likely to increase the numbers of people relying on the informal
economy for work.
This
policy takes as its point of departure that local government has a difficult
role in supporting economic development, while at the same time pursuing
pro-poor policies. The policy must be based on the following realities.
3.1
A long term policy goal for some is to support the move
of informal economy workers into the formal economy. However, it appears that
the formal economy is informalising rapidly; the informal economy offers
diverse opportunities for absorbing those who have lost their jobs, and for new
entrants into the economy. The informal economy is here to stay, not only in
Durban, but internationally.
3.2
The
formal and informal parts of the economy are mutually interdependent. The good
health of one depends on the good health of the other. It is difficult to
promote growth of smaller enterprises, if the overall rate of economic growth
is slow.
3.3
Management of the informal economy in the past has
concentrated on people trading in public places, such as street vendors, and in
municipal markets. With the growing importance of home based and outdoors
informal work, and changes (again internationally) in the uses of public and
private space, local government has to revise its role and responsibilities.
3.4
To date, much of the support for the informal
economy in South Africa, through national SMME policy, has been focused on
medium size enterprises and has not been very successful. Not enough support
has been given to the poorer segment - the very small operators in the SMME
sector, sometimes called survivalists. At national level, the Department of
Trade and Industry (DTI) acknowledges its lack of success overall in supporting
SMMEs, and especially poorer ones. Private training and support providers in
the city and region are nearly uniformly missing the poorer operators and
survivalists.
3.5
There
will always be a tension, for local government, in reconciling its own
formality, and rule-bound procedures, with the fluidity and change of the
informal economy.
3.6
Local government has to balance the need for job
creation, in both formal and informal parts of the economy, with the need for
orderly management of the city and of residential areas.
4
THE STATUS QUO – THE INFORMAL ECONOMY IN
DURBAN
The important economic contribution made by informal workers to the economy of Durban and of the region has not been well understood. Local government in Durban, at Metro and N&SCLC levels, has taken the need for research seriously, and a clearer picture is emerging.
An unknown number of people are mobile outside workers, such as garbage pickers, and cardboard recyclers. Many informal workers are casual labourers, such as those waiting at curbsides to get daily employment in the construction industry.
Many of the workers, such as
street traders, themselves generate work along a chain of supply and
distribution - the muthi trade has
been estimated to generate about 14000 jobs in Durban.
In 1998 more than R170 million was spent on raw and prescribed products in the Russell Street muthi market.
In peak season, some 28 tonnes of cooked mielies are sold every working day, to commuters arriving in the central city. This amounts to a daily turnover of around R200 000, and in a five day week, a turnover of around R1 million. (It also, of course, means a substantial amount of mielie leaves and cobs to dispose of.)
The money generated by activities defined as illegal[2] is likely to be very high - and difficult to estimate. Durban is the economic hub of South Africa’s dagga distribution, with well known internal and export distribution networks. There are increasing numbers of commercial sex workers, rich and poor.
4.1.3 The informal economy contains great diversity (see Fact Sheet 1: Diversity in the Informal Economy). The most visible workers in the central city – the street traders – are far outnumbered by the many home based and outside workers.
4.1.4 Shopping in informal outlets is extremely convenient for thousands of commuters and residents. Whether buying mielies and fruit in town, or buying paraffin and candles from spaza shops in residential areas, the informal operators offer a pro-poor, convenient service to many of citizens.
Home based work is convenient for many women and men, and has increased rapidly in recent years. While most of this work remains invisible, and often generates small incomes, many women find it convenient to be able to combine work and child-caring, and caring for the home.
4.1.5 Informal outlets trade in many goods which are important in the cultural and religious life of citizens of, and visitors to, Durban. About 80% of the African population uses traditional medicine, the basis of the muthi trade; sea water is an important ingredient for various cultural and religious practices, including weddings; apparel and decorations for temples and mosques are sold in informal and formal outlets.
The
provision of cultural artifacts is important for local people, as well for the
tourist market.
4.2
Durban’s
commitment to the informal economy: institutional and management status
4.2.2 Durban created the DITSBO (now ITSBO) in 1991 to support the development of small enterprises. The Informal Trade division manages built markets, has established numbers of satellite markets, has area managers and site supervisors who do area-based work, and provides training and support to small business operators; the Small Business Opportunities division does policy and strategic development.
4.2.3 City Health has for five years had an active health education programme to upgrade the skills and working environment of street traders. Through a system of incentives traders are encouraged to attend, be accredited and be registered. It has also actively negotiated around specific issues such as relocation of muthi markets, and the sale of potentially hazardous plastic drums.
4.2.4
Durban has supported innovative pilot programmes in
urban renewal, and in area based management. In this respect, it has used
municipally owned land creatively as an asset for innovation. The Warwick
Junction Urban Renewal Project, and the Cato Manor Development Association’s
work, in particular, stand at the international cutting edge of negotiated,
inclusive management practices.
4.3 Resource allocation
In addition to the costs associated with the personnel allocated to institutional support described in 4.2, other budget support has been given.
4.3.1 The N&SCLCs have allocated significant resources - about R45 million over the last three years - to developing satellite markets and providing infrastructure such as shelter and water in the central city.
In 1997/98, R26.6 million was spent on informal economy capital projects. Four fifths of this was spent in the CBD. In 2000/2001, both North Central and South Central committed to a substantial increase in allocations to economic development.
4.3.2 Infrastructure policies such as the rates lifeline tariff (those whose houses are valued at less than R20000 pay no rates; those valued at between R20000 and R50000 pay R20 per month) are of direct help to poorer, home based workers.
4.3.3 The Durban Metro, and the N&SCLCs, earmarked specific funds for the development of the beachfront (which includes the craft workers) and the muthi market.
4.3.4
The Central Transitional Council (fore-runner to Metro)
and the N&SCLCs were among the stakeholders in the formation of the
Thekwini Business Development Centre (TBDC), a Section 21 (not for profit)
company. Metro and the N&SCLCs (through ITSBO) provide an annual grant to
the TBDC, as do other funders. TBDC has specialised in assisting small
operators (mainly in the construction industry) to increase the scale of their
services, and it has assisted in craft development.
4.4 Critical problems and challenges
Real progress has been made with managing informal trade in some parts of the central city, and there has been political support for this. Large parts are now in fact regulated. However, a number of critical problems and challenges remain.
4.4.1 Despite improvements, there are still strong negative perceptions of informal traders. Many people associate street traders with the high crime rate, and with littering in parts of the central city.
4.4.2 Efforts to support the informal economy are to a large extent fragmented and unco-ordinated.
4.4.3 The procedures surrounding licensing and permits for street vendors are complex, cumbersome, and costly. These pose high costs in time, to traders, and do not act as incentives to formalise.
4.4.4
With regard to the development of some of the
satellite markets, the lack of planning about location, security issues,
infrastructure, and also the lack of a consistent site allocation policy, means
that valuable assets, built by the N&SCLCs, are being wasted, or are not
being used to their best potential. Also, there was limited consultation and
participation in developing some of the satellite markets.
4.4.5 There are tensions around the status of foreigners seeking to work in Durban.
4.4.6 Relations between formal and informal businesspeople, and between their associations, are often strained and hostile.
4.4.7 Various councillors and officials have dedicated time to discussions and negotiations with organisations of street traders. In some places, good and respectful relationships have developed. However, negotiations have seldom been guided by a clear policy or terms of reference. They were not sustained, and were seldom properly recorded. As a result, relationships between local government and organisations of informal workers have often been frustrated, rather than developed.
4.4.8 Further, there is a great deal of in-fighting in organisations of informal workers, and sometimes between competing organisations within the same built market.
4.4.9 The political transition in South Africa has led to the need for capacity building and human resource development for all parties – officials, councillors, formal businesses, and workers in the informal economy.
5
PROMOTION OF
DIVERSE ECONOMIC OPPORTUNITIES
The first point of departure in the policy for the informal economy is that local government should promote the creation of job opportunities. The local government should encourage and promote a diverse mix of markets and trading opportunities, where sites come to be valued as economic assets.
A diverse mix of built markets and street trading sites is part of the overall strategy of creating different opportunities and small steps along the ladder between the very informal and the very formal parts of the economy. More built markets should be encouraged, and especially in the formerly under-developed residential areas, where the planning for markets should relate to the supply coming from home based work.
Key levers for change, management and support will be planning, the allocations policy, the registration process, and the rentals policy.
5.1 Planning
New markets and trading opportunities must be properly planned, bearing in mind the economic needs of traders, the need for more vibrant land use, and the need for orderly town, spatial and transport planning, as well and health and safety.
Current Situation:
Markets have been established without adequate reference to environmental impact, provision of infrastructure, town planning, or transport planning.
Some of the new satellite markets are empty because
of the lack of planning and policy.
Ways Forward:
5.1.1 A moratorium should be placed on developing new plans for new built markets until the existing ones are properly managed, and are supplied with adequate human and operational resources.
5.1.2 The exception to this should be the properly planned and designed pilots, one in the central city and two in former township areas, recommended in 14.2.
5.1.3 New market developments, and new allocations in existing markets, must be linked to emerging patterns of work in the areas they serve.
5.1.4
Planning, including planning of pavement use, should
be done bearing in mind the framework principles for the allocations policy in
5.2.
5.2 Allocations policy
Allocations
policy is central to the entire policy for the informal economy – it is the
lever through which local government can steer management and support of the
informal economy. The aim of the allocations policy is to support growth, and
provide opportunities for new entrants, in an economically sustainable and
socially useful way. It can be a powerful tool for job creation, and for the
inclusion of formerly marginalised people. It can feed directly into the
tourism industry, through achieving the appropriate tenant mix at
tourist-related areas.
Current Situation:
In
There is rising dissatisfaction, amongst traders, area managers and supervisors, and others, around the increase in numbers of mobile traders who do not have permits. They are able to take advantage of their mobility and sell goods in direct competition with both formal and informal traders.
New legislation regarding immigration, refugees and
asylum-seekers is difficult to interpret regarding the work-seeking status of
different categories of foreigners, and hence their status with respect to
allocations of sites and facilities.
The framework principles appear in Annexure 2. In summary:
5.2.1 Criteria for allocations will be negotiated locally with stakeholders, in terms of the framework principles.
5.2.2 The allocation of sites will then be done by officials.
5.2.3 Criteria will include addressing racial imbalances, changing local demographic patterns (of race, gender and age), the socio-economic profile of the area, and a balance of existing traders and new entrants, and local industry and market opportunities.
5.2.4 The allocations policy could be used as a tool to develop partnerships between established traders and new entrants.
5.2.5 Targeting vulnerable groups will only be successful if the design of markets includes them – it will not succeed if attempted by an allocations policy alone.
5.2.6 A moratorium should be placed on granting permission for traders to operate at traffic intersections, with the possible exception of newspaper vendors, because of the long historical precedent. A survey should be commissioned in order to inform policy about the extent to which this activity should be restricted.
5.2.7 Local government must work within the national legislative framework regarding the rights of foreigners to trade. Where visitors have the right to work, it would be unconstitutional to deny them the right to a place in which to work.
5.2.8 Numbers of mobile traders should be restricted, and they should be regulated in the same way as traders with fixed sites. A special survey should be done of their numbers, mobility patterns, and economic needs.
5.2.9 An investigation should be made of the possibility of establishing an adjudication and appeals process, drawing on structures and practices of an institution such as the Commission for Conciliation, Mediation and Arbitration (CCMA) – see 12.7.
5.3 Registration
The policy goal is that all people working in public places will
register as small businesses. This is a decisive move away from the existing
situation where one procedure gives access to a site in a public space, and
another gives permission to operate in a particular sector.
Registration (as well as sustained payment of rentals) is the action
which gives permission to operate, and which provides access to services and
support.
Current Situation:
This makes the system as it operates open to individual interpretation, and even abuse, by all stakeholders – formal and informal businesses, councillors and officials.
People wishing to trade in foodstuffs have to apply
to the Licensing Department for a license to trade, in addition to applying to ITSBO
for a site permit. In terms of the new Health Act, City Health is now required
to issue a certificate of acceptability to a person trading in foodstuffs, so a
triplicate system operates.
Many are concerned with the practice of ‘fronting’ whereby sites intended to support people with very small businesses and which are effectively subsidised by local government, are in fact controlled by wealthier established business people. In areas where permits are required, it has been shown possible to limit this practice by issuing only one permit per trader.
The operational framework is presented in Annexure 3. In summary:
5.3.1 The registration process involves the granting of the right to work. This right goes along with responsibilities.
5.3.2 Existing registration procedures will be simplified and move towards the one-stop centre concept being promoted by local government. This will reduce the high cost, to poorer traders, associated with becoming legal.
5.3.3 The registration process will be simplified as far as possible. It will have to accommodate the particular requirements for City Health to issue clearances for people trading in food, as well as for certain other trades such as hair-dressers, cardboard collectors, panel beaters, etc.
5.3.4
The
data on registration will be embedded in the inter-departmental information
system recommended in 7.4.
5.4 Rentals[3] policy
Local government is moving towards dealing with informal traders as small business people. In the same way that built property has a value placed on it, depending on where it is located, so it is important to place value on different informal trading sites, such as pavements.
The lever through which value will be placed on sites is a system of differentiated rentals.
The vast majority of street traders agree with the principle of payment. However, many have not paid for months, or years.
Differentiated rentals already exist for different types of sites in public places and in markets. (See Fact Sheet 2: Rentals for Trading in Public Spaces in Areas covered by Durban’s North and South Central Local Councils, 2000.).
For street vendors, rental is currently R35 a month for a fixed site, with services attached, and R10 for an unserviced site. The R35 is a blanket amount which covers a variable extent of service provision. Informal business people and officials judge this to be unfair.
Present paypoints are at Martin West Building, in Shell House (Sundries), in the Early Morning Market, and at post offices. People with bank accounts can pay at any branch of one of the large supermarkets.
Those without bank accounts or nearby post offices suffer the inconvenience, and loss of income, which are caused by the long queues of people waiting to pay for other municipal services, at municipal paypoints.
Under present budgetary and financial policy, it is not possible to earmark money paid in rentals for the further development of trading facilities.
Durban experiences the same economic pattern as found in many major cities, where two ‘markets’ operate side by side: the formal procedures of setting and paying rentals, driven by government; and the informal process by which prices of sites are fixed, and sites exchange hands, based on what businesses feel they are worth.
Home based workers already pay ‘rental’, through
their rates, and through payment for services such as water and lighting.
Ways Forward:
The framework principles for the rentals policy are in Annexure 4. In summary:
5.4.1 The existing principle of differentiated rentals/ fees for different trading opportunities will be expanded to cover street vendors, itinerant vendors, and people trading in built markets.
5.4.2 Rentals will be linked to site size, desirability of location, and the level of services provided. Levels will be determined by considering the cost to local government of providing the facility, bearing in mind the need to subsidise new opportunities in some areas.
5.4.3 For street traders, a basic site rental should be set. Then, differentiated rentals for different levels of service provision should be introduced. Components of a basic package of services are basic shelter, solid waste removal, water, toilets, lighting, and storage facilities.
5.4.4 The formula by which levels are set needs to be fair, and transparent to officials, to all business people, and to the public.
5.4.5 Payment procedures will be simplified, and as far as possible decentralised, taking advantage also of new forms of electronic banking.
5.4.6
The possibility of including a levy into the rental,
earmarked for a Support Fund for the development of additional support for
trader associations, should be explored.
6 6 AREA-BASED MANAGEMENT COMBINED WITH SECTOR-BASED SUPPORT TO SMALL ENTERPRISES
Evidence for the effectiveness of area-based management comes from initiatives in