Edenvale Small business owner Nkhensani Chuma believes he was unfairly treated by the EMPD despite abiding by the City’s trading regulations.
Chuma, who’s lived and worked in Edenvale for 18 years, runs a photography business outside Edenvale’s Licence Office.
He said in less than a year he received two fines worth a total of R700 while working on the corner of Eight Avenue and Ninth Street.
The first fine of R500 he paid for the return of his confiscated equipment, but he is yet to pay the latest fine he received in June.
“My business is registered with the Department of Trade and Industry. I have a City of Ekurhuleni’s trader’s permit. I can’t understand why I am being fined.
“I’m obeying the regulations set out by the permit so no need for the members to fine me for anything. I try to keep my area as clean as possible.”
When he questioned the action of the officers he was informed that the officers were enforcing the national traffic law, which supersedes municipal law.
He was told not to operate his business on the pavement anymore.
“I have a certified letter from the resident whose pavement I stand on stating he is fine with the work I do. I have also started a petition asking community members whether they think I am a nuisance.”
Between June 24 and July 1 Chuma had received 122 signatures from community members.
“The lockdown affected me a lot and took away my daily income and the income of several men I employ.
“Because of my situation I will have to pay the fine so my business can continue.”
Chuma did thank the officers for coming to an agreement, which allowed him to continue working.
A request for comment was sent to the CoE and EMPD spokespersons on July 1 requesting comment on the matter.
EMPD spokesperson Kobeli Mokheseng explained action was taken against Chuma after he failed to adhere to numerous warnings not to occupy a sidewalk or trade in a residential area.
“Chuma was not trading in the area the permit identified, he was not allowed to trade on the pavement of a residential property.
“He should have been on the corner of Eighth Avenue and Ninth Street, closer to Van Riebeeck Avenue.”
Mokheseng explained permit holders are subjected to conditions.
“Should those conditions be violated, action could be taken. In this case, the action started in the form of various warnings without any success.”
He emphasised that Chuma should have obeyed the instruction of the officer.
“Not all legislation can be printed on the permit card and traders should familiarise themselves with all relevant legislation.
“Chuma was workshopped on various occasions about the legislation he was violating and advised to liaise with the customer care manager in Edenvale who issued the permit.”
Mokheseng said as there is now no legal spaces available at the Edenvale Licensing Department, no permits will be issued for the area going forward.
“Safety of road users and the community are compromised with the obstructions on sidewalks.
“It is also not authorised to issue a trading permit to an informal trader trading in the same merchandise than a formal business, which is the case in this matter.”
Mokheseng said it is believed Chuma and the formal business owner used to work together but split up.
“The formal business owner complains, as he pays rates and taxes and the informal trader does not.”
Mokheseng said although the officers are enforcing Section 116 (4)(d) of the CoE by-laws (no trading allowed in a residential area), this was omitted when the permit was issued.
Mokheseng said besides not issuing permits for the area around Edenvale Licensing Department, all permits in Edenvale will be revoked.
Traders will be required to re-apply for permits to enable the CoE to phase out incorrectly issued permits.
