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Durban's Informal Economy Policy

Approved and adopted by the Durban Unicity Council

December 2001


Contents                                                                                                                                                           

Acronyms                                                                                                                           

1                 INTRODUCTION                                                                                         

2                    THE POLICY PROCESS                                                                                    

3                    THE APPROACH TO THE INFORMAL ECONOMY                                      

4                    THE STATUS QUO – THE INFORMAL ECONOMY IN DURBAN                 

4.1       Economic contribution

4.2              Durban’s commitment to the informal economy: institutional and management status

 4.3              Resource allocation                                                               

 4.4              Critical problems and challenges                                                                

 5         PROMOTION OF DIVERSE ECONOMIC OPPORTUNITIES 

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                                                                                 

8          INTEGRATING ENVIRONMENTAL HEALTH                                             

9                    ASSISTANCE WITH BUILDING THE CAPACITY OF ORGANISATIONS OF INFORMAL WORKERS                                                                         

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               PILOT PROJECTS                                                                                            

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                                                                                                 

ANNEXURES                                                                                                                    

1           Consultation Process                                                                                            

2           Allocations Policy                                                                                                 

3           Registration Process                                                                                             

4           Rentals Policy                                                                                                       

5          Warwick Junction Project Centre                                                                          

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                                  

 FACTSHEETS                                                                                                              

1         Diversity in the Informal Economy                                                                       

2                    Rentals                                                                                                              

3                    Foreign workers                                                                                                

 REFERENCES                                                                                                        


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 


1.  INTRODUCTION

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.

 A policy has the following purposes:

 1.1              It makes local government’s approach and principles clear.

 1.2              It forms the basis for appropriate and workable legislation.

 1.3              It provides the basis for common action by different government departments.

 1.4              It provides the basis for making decisions about allocating resources for management and      support.

 1.5              It provides the basis for making agreements with other stakeholders about what the roles of local government and other groups should be.

 1.6       It provides the basis for monitoring and evaluating what has been achieved.

 2       THE POLICY PROCESS 

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.

 Sections 5 through 13 then outline the major components of the policy. In each section, the policy position is put forward, and levers for change are identified. The Current Situation briefly summarises where we are now, and levers for change are identified. Ways forward itemises new operational frameworks. In most cases these are summarised, and supplemented in more detail in the Annexures.

 Sections 14 and 15 respectively deal with Pilot projects, and Transitional Arrangements, and the Conclusion is given in Section 17.

 3       THE APPROACH TO THE INFORMAL ECONOMY 

The South African Constitution mandates local governments to promote economic development. This N&SCLC policy for the informal economy is grounded in the overall strategic policy set by Durban’s local government for economic development. Among related initiatives are the Central Business District (CBD) Revitalisation Strategy, the Best Practice City Commission, the Safer Cities Project, the Long Term Development Framework, as well as strategic work on inter alia Small, Medium and Micro Enterprises (SMMEs),  area-based management, and transport planning. 

This policy shares the vision of those initiatives, of a Durban which is safe and secure for its citizens; where people live in a healthy environment; where the urban environment is well-managed. Durban’s future economic and social health depend on its being investor friendly, with incentives for new and existing business to put down roots and grow. Good planning and management must include long term thinking about spatial development and transport planning. 

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

 4.1         Economic contribution

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.          

 4.1.1         The informal economy makes an important contribution to job creation. In 1996, there were about 20000 street traders in the DMA area. About 60% of these were women. Thousands more people work from their houses. Common activities are child minding, cooking, manufacturing, and repair work. The majority are likely to be women.

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.

 4.1.2        A great deal of money flows through the informal economy, and between the formal and informal ends of the economy. In 1998, black householders in the DMA spent more than R500 million in informal sector outlets (street vendors, shebeens, spazas, tuckshops, private persons).  Of this about R340 million was spent on food. 

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

 4.2.1        Research shows that Durban is ahead of other large South African cities in terms of integrating informal economy concerns into appropriate institutions of local government. At Metro level, the informal economy is in the Economic Development Department, for the purposes of policy development and strategic planning. At N&SCLC level, street trading is in the Development Facilitation Department, and Informal Trade and Small Business Opportunities (ITSBO) has a planning and policy division.

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:

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:

 Ways Forward: 

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:

Ways Forward:

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.

 Current Situation:

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

The combination of area-based management, with sector-based support, has the potential of achieving efficient management, continuous local-area negotiation with stakeholders, the promotion of linkages between formal and informal businesses, increased self regulation through trader associations, and targeted support for enterprise development.

Evidence for the effectiveness of area-based management comes from initiatives in