ATHERSTONE & COOK 24 George Stuns Ave ° Seventh fos uae Souris Came sen scctrsann marco Etats iar ae : Patent and Trade Mark Agents: Hs 0. ox 2 Harare, Zimbabwe | Telephone: 263 04704248 CM/ak/Z70 | 3304 84 (Please quote his when replying) “ \ oe oem \ 2304 9098 Your ref Email: chrismbike@practorco.ey 2June 2015 | Attent Minister of Local Government, Public Works and National Housing 1° Floor, Makombe Building Corner L. Takawira & H..Chitepo Street HARARE Dear Sir RE: “7-DAY ULTIMATUM FOR CITY VENDORS” FROM GOVERNMENT OF ZIMBABWE We represent the Zimbabwe Informal Sector’s Organisation (ZISO), who have instructed Us to attend to the subject matter and to engage with your Ministry, as we hereby do. Our instructions are as follows: 1. Our clients were ‘horrified this morning (Tuesday 2 June 2015) to read from the press that the Government of Zimbabwe, through your Ministry, has ordered vendors off the streets of Zimbabwe's towns and cities, therein giving the said vendors an unreasonable and unjustified notice period of only six (6) days to vacate from their work stations. 2. It is reported in the press that on Monday 1 June 2045, in apparent reference to vendors and to members of our clients, you directed local authorities “to deal with illegal settlements sprouting in the capital.” 3. You are specifically quoted as having said: “we have agreed that by next Monday (8 June 2015), vendors should be at designated places. This applies to ail cities and towns.” fermen coos 20 i Me tL fin ‘Fhyamesoka; LLB. (Hors), ALF. Sochkonye Khumalo; B.S 5, L-8; T. Gumbo; Lb (Hons)4. We are specifically concerned to learn that your Ministry intents to enlist the assistance of the uniformed forces, namely the Zimbabwe Republic Police (ZRP), and the Zimbabwe Defence Forces (ZDF) - the latter acting under the Joint Operations Command (JOC). 5. The threat reportedly made by Provincial JOC member, Brigadier General Anselem Sanyatwe is ominous. “Make sure that your people go to designated places. If they don’t, as JOC, we have nothing with vendors, we will deal with you.” 6. Besides the unreasonable nature of the reported Notice, we are also particularly concerned with the following aspects of the planned clean-up exercise: 6.1 The involvement of the Zimbabwe Republic Police (ZRP) without any known Court Order that may have been issued against vendors in general, and members of our client organisation in particular, and 6.2 The involvement of uniformed forces through JOC, in clear violation of constitutional provisions relating to Security Services and the Defence Forces of Zimbabwe, and 6.3 The apparent disregard for the human rights of vendors and other citizens in Zimbabwe's towns and cities, and 6.4 The specific disregard by Government to the economic realities of Zimbabwe today, and the inevitable catastrophic effects of the planned move on the socio-economic rights of vendors, and 6.5 The planned measure’s lack of compliance with the Founding Values and Principles of the Constitution of Zimbabwe; as well as the Objectives that should guide the State and all institutions and agencies of Government. 7. The planned exercise is also clearly inimical to the welfare and current needs of thousands of Zimbabwean lives that depend on vending. Of particular importance is the fact that while there are about twenty thousand (20 000) vendors carrying out business and therefore deriving livelihoods from vending in Harare alone, the city of Harare has made available only six thousand (6 000) vending sites. There is nothing on the ground to show that other local authorities have put in place, measures to cushion vendors and their dependants, from the effects of Government's planned move, 8. It is therefore clear to us that neither the Government of Zimbabwe nor local authorities are ready at this stage to provide all or the substantial part of vendors around the country, with alternative income-generating platforms. It is also apparent to us that the planned removal of vendors from the streets and other business locations, and particularly members of our client, would be illegal.9, In the circumstances, we hereby urge you and the recorded partners of your Ministry, to desist from carrying out the plan of chasing away vendors from their places of business. We need your formal undertaking on this request. 10. May we therefore please formally hear from you on this matter as soon as possible, and in any event not beyond Thursday 4 June 2015, otherwise we shall be left with no option but to take legal measures for the protection of our client's constitutional rights, without further notice to you. We believe that this matter can be resolved amicably, and in that context your cooperation will be sincerely appreciated. We look forward to hearing from you within the above-stated period. Yours NEN ATHERSTONE & COOK Cc: client