Africa-Press – Lesotho. The government lawyers have said the case of the street vendors which was filed on urgent basis on January 15th, wherein they are seeking relief from court following the three
weeks total lockdown imposed by the government, is academic. These developments transpired on Sunday the 14th at the High Court. The street vendors had approached the
court following the two weeks total lockdown announcement by the Prime Minister Dr. Moeketsi Majoro on January 12 which was also extended by a week in an
efforts to curb the spread of the Covid-19 infections. Dr. Majoro had on March 2 partially lifted the lockdown restrictions and moved the country from the red colour stage to the orange
stage as per the country’s Risk Determination and Mitigation Framework colour coding system, a move which saw phasing in of many economic activities including the street vendors.
The government lawyers have made the argument following the street vendors’ prayer that the government should ease the lockdown restrictions that bar them from selling while the big retailers
continue to sell and enjoy monopoly. Advocate Christopher Lephuthing, who is representing the government, said the court should dismiss the case of the
vendors as it is now moot. “How is the court supposed to review the decision that has been overtaken by events?” Advocate Lephuthing further asked the court
to dismiss it with costs. He added: “This is a vexatious litigation. ” The government’s legal representative argued that the petitioners knew that the government has been processing their
stipends since the days of the previous Thomas Thabane led administration last year. “They are demonising the government,” he charged. The legal representative for the street
vendors Advocate Napo Mafaesa said the case is premised on two things- the review of the lockdown restrictions and the protection against the lockdown
measures which prohibited his clients from carrying out their operations. “Applicants are not challenging holistically the decisions or exercise of powers conferred by the parliament
act,” he said adding that the petitioners are challenging the “discriminatory” decision to exclude them from selling contrary to the retailers whose operations were not halted during the lockdown.
“The applicants said the decision lacks rational basis. ” He went on to say that the government’s
decision to bar them from selling during the lockdown is lacking in rationality because his clients operate in open spaces and attract small number of
customers, arguing that the chances of spreading the Coronavirus are minimal on the part of the vendors. He added: “They are not super spreaders. ” “… the government has failed to combat Covid-19
pandemic and no one is held to account and the government’s poor decision is made to affect myself and other street vendors. It is a fact known to me that
no street vendor where I operate ever succumbed to Covid-19 and I never heard of my known customers to have suffered the same. This is because street vendors
observe Covid-19 protocols as mandated by World Health Organisation. “Applicants face starvation as their livelihood is brought to an abrupt end by the
government through lockdown. There [are] no contingency plans to assist applicants notwithstanding the fact that their businesses are closed. “There are no compelling or rational
grounds to have closed applicants’ businesses when in fact the other businesses, big retails, offering same goods are allowed to operate. This is to give big retailers a monopoly over street vendors.
This act is not only ungodly but has no rational basis [to] deprive a street vendor to sell fruits and vegetables when another business entity is allowed to do the same,”
reads the applicants court papers. The applicants are: Mareni ‘Mabathoana, Paul Pakisi, Lesole Ramole , Kotsi Koali and Teboho May. These petitioners sell range of products from food, fruits, vegetables,
cosmetics and clothes. The respondents are: Prime Minister, Minister of Health, Commissioner of Police, Commander of Lesotho Defence Force, Ministry of Small Business Development, Cooperatives and Marketing and Attorney
General being first to sixth respondents respectively The case is before Justice Tšeliso Monapathi. The applicants are represented by Neo Komota while the respondents other legal practitioners are Attorneys Monaheng Rasekoai and Kuili Ndebele. The judgement has been reserved for February 24.
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