Prominent lawyer and former legislator Advocate Fadzayi Mahere has criticised the government’s decision to ban the importation and sale of second-hand clothing (mabhero), as well as night-time vending, questioning the legality of the move announced by Local Government and Public Works Minister Daniel Garwe.
Mahere’s remarks come after Garwe, during a meeting with Harare councillors on 4 August, declared an immediate nationwide ban on second-hand clothing imports and informal vending activities in urban areas.
In response to the announcement, Mahere argued that the Minister has no legal authority to impose such sweeping restrictions through a press briefing. She said:
What’s the legal basis underlying this purported ban? Do we live in a country where if a Minister decides he doesn’t like something, he just lays down a decree and it must be implemented? What has become of the rule of law?
Mahere cited Section 68 of the Constitution, which obliges all government actions to be lawful, reasonable, and procedurally fair.
She warned that unless the ban is backed by a valid legal instrument, such as a statutory instrument or an Act of Parliament, it has no legal effect. Said Mahere:
As a matter of law, you have no power to ban trade or any other activity by press statement. Section 68 of the Constitution requires all actions by Govt to carry the force of law. Unless there is a valid enactment underlying your ban, it is invalid and of no force or effect. This is a constitutional democracy not an unwieldy jungle. Let’s adhere to the rule of law.
The ban affects a major section of Zimbabwe’s informal economy. According to the Zimbabwe National Statistics Agency (Zimstat), 76% of economic activity in the country is informal, with 88% of workers in informal employment—many of them relying on street vending and second-hand clothing sales for survival.
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