Informal traders challenge street eviction
The High Court of Malawi on Tuesday granted informal traders an order to start judicial review proceedings to challenge the Lilongwe City Council decision to evict them from plying their trade along the streets.
The traders, who also had their merchandise confiscated by the council, sought the court relief after the council started evicting them and confiscating their commodities on May 2 2023 following a public notice it issued warning anyone found trading in undesignated places.
Making the decision in Lilongwe, presiding Judge William Yakuwawa Msiska set June 30 2023 for the hearing of an application for an interim order restricting the council from confiscating informal traders’ goods and evicting them from the streets without allocating them a place of business.
The traders are also challenging their eviction without providing them with more market spaces or ensuring fair distribution of market space to cater for the growing demand.
The traders are being represented by Felisa Kilembe Mitambo and supported by Southern Africa Litigation Centre (Salc) and Centre for Human Rights Education Advice and Assistance (Chreaa).
A statement jointly issued yesterday by Salc and Chreaa said the by-laws discriminate against persons based on status and poverty and infringe on their constitutional rights.
“These laws perpetuate discrimination and marginalisation, create barriers to informal traders’ economic development and empowerment, and further fuel inequality and poverty,” reads the statement.
On her part, Chreaa litigation officer Ruth Kaima said “The council’s by-laws were clearly abused and target the poor whose capital is too little to afford the rates in formal market places which makes it difficult for the informal traders with little capital to conduct their trade in the formal market places”.
