Africa-Press – Lesotho. The Street Vendors have lodged an urgent motion in the High Court seeking government’s financial assistance against the lockdown imposed regulations which bar them
from selling. Through their court papers they pray the court order that the lockdown regulations which are currently in place “be reviewed and set aside as irrational”.
The petitioners seek the relief to “operate with immediate effect as an interim interdict”. The Prime Minister (PM) had last week Tuesday issued a directive that the country will be under a two weeks lockdown effective from
Thursday 14 until announcement is made or later on January 27. These developments are hoped to counter the spike on Covid-19 infections. Under the lockdown, movements are strictly monitored and only businesses and offices
rendering essential services are allowed to operate while others remain prohibited until the lifting of the regulations. Coming down hard on the government’s conduct and its role during the pandemic, one affidavit
reads; “the government has failed to combat covid-19 pandemic and no one is held to account and the government 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. ” The other applicant charges, “I and my co-applicants are mostly living from hand to mouth
and the decision to ban our trade is detrimental under the circumstances. I aver that we have no option but out of necessity to defy the announced lockdown to go and sell so that they can put
food on the table for our dependants. “We are fearful that the police and soldiers will be deployed to brutalise them as they did previously without anyone held to account.
Other vendors’ items in the form of eggs, vegetables, fruits were taken by the police. They are left helpless and the government will do nothing to ameliorate their plight.
” Street vendors said they feel hard done by being made to close while people working in other sectors
and civil servants will be paid their salaries month end despite not going to work while they will be left to fend off for themselves. They pray to court that, if it does not “intervene on urgent basis – [they] or their
dependants may die of hunger as opposed to covid-19”. Through their application, they argue that they stand to suffer an “irreparable harm” if the status quo remains unchanged.
The applicants fear that the lockdown measures exposes them at the risk of losing their businesses and that they may be unable to resume operations when conditions get back to normalcy.
“Street vendors will starve to death with their dependants while politicians continue to benefit from public purse
despite their incompetence to combat spread of Covid-19,” reads their court paper. They also fear that they may be unable to pay the school fees for their
children. The applicants are: Mareni ‘Mabathoana, Paul Pakisi, Lesole Ramole , Kotsi Koali and Teboho May. These petitioners sell a 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 applicants also want the court to order the fifth respondents to furnish the court with the list of those who have received the
government’s Covid-19 relief stipends and those who have not received such funds. They also want the same Ministry to be ordered to settle all outstanding Covid-19
relief funds for some of their counterparts. “Applicants face starvation as their livelihood is brought to an abrupt end by the government through the lockdown.
However, 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 deprive a street vendor to sell fruits and vegetables when another business entity is allowed to do the same,”
reads their court paper in pertinent part. The applicants told the court that they were not consulted when the lockdown regulations were made a move which they expressed as “unfair” to them adding
that big retailers will not suffer the plight of having to close during this time. One petitioner said in the court papers, “street vendors are better positioned as
opposed to big retailers on account of the fact that the individuals sell limited items and as such the chances of super spread of covid-19 is highly limited.
The big retailers attract large numbers of people on account of the several items they sell. ” Last year in April, under the then Prime Minister Dr. Motsoahae Thabane led administration, he had
tabled the government contingency plans which were envisaged to address the challenges which have been brought by the lockdown. The relief measures saw Small Micro-Medium Enterprises (SMMEs) having one month rent
holiday extended to them and the government through Lesotho National Development Corporation (LNDC) and Ministry of Small Business were to avail the tune of M450 million for named COVID-19 Private Sector Relief Fund.
The government had then promised to give street vendors M500.00 for a three month period as a relief fund to cushion them against the financial constraints necessitated by
the lockdown. However, some were able to receive such stipends while others did not. Later in August, the vendors took their frustrations to streets blocking
and trashing garbage bins in the Maseru Business Central District (CBD) over the government’s “delay” in disbursing such funds. The incident which resulted
in some being arrested as the Police said they did not have a permit to protest. In an interview with Informative Newspaper, the Principal Secretary (PS) for the Ministry of Small Businesses Development, Cooperatives
and Marketing, Hon. Tankiso Phapano said he is yet to engage the Minister on way forward concerning the applicants’ grievances. Asked if there was a contingency plan in place to assist the
street vendors during the lockdown, he said there is none. At the time of going to the print yesterday, the case had not been allocated the Judge. It is also not clear who will be representing the government
as it has not been decided by then, however the government had enlisted the services of the private counsel, this paper has learned. This publication also learned from the sources privy to the case that the government is going to file the notice of intention to oppose. The applicants are represented by Advocate Napo Mafaesa.
For More News And Analysis About Lesotho Follow Africa-Press
