CHINHOYI — A local businessman’s bid to stop a group of street vendors from selling their wares from his shop verandah hit a brickwall yesterday after a magistrate threw out his application.
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Magistrate Singandu Jele ruled that businessman John Machiri had no jurisdiction or authority to “evict” the vendors, stating the application would have been successful if it had been lodged by Chinhoyi Municipality.
Machiri, who is the proprietor of Ocean Perch Boutique, had filed for an interdict against hawkers Caroline Matiki, Noma Mhizha, Manhetsa Mhizha, Vongai Madanhire and Lioise Robert seeking to stop their activities and force them to move 100 metres away from his premises, next to TM North in central Chinhoyi.
In their opposing affidavits, the vendors denied “poaching” customers from appellant, further arguing they were not in competition with Machiri as they were in the business of selling carrier bags while he sold clothing in his shop.
The vendors said they have been operating from the shop verandah at TM North Supermarket situated in central Chinhoyi for the past 15 years and had co-existed in harmony with former tenants and owners of the shop in question.
“We have seen tenants from the same shop come and go and we do not know what is so special about applicant,” further reads their opposing affidavit.
The five vendors also raised suspicion on why, out of all others street vendors in Chinhoyi, they had been targeted.
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Chinhoyi Vendors’ Association representative Bernard Chiworese said the court victory was a demonstration that the application was “weird” as Zimbabwe was now a country of vendors.
“It is sweet victory because the businessman had acted weirdly and was attempting to reduce these vendors into paupers, for them to literally beg for survival. However, our call is for the local council to avail adequate designated vending stalls from which we can operate so that our members get off the shop pavements,” Chiworese said.