By Our Reporters.
Uganda Parliament this month passed the long awaited Markets Act 2023 with a new amendment that locks out vendors out of the management of public markets.
The objectives of the bill is to reform the law relating to establishment and control of markets in Uganda, and to provide for the establishment and management of public and private markets.
But the new markets law blocks vendors in the management of public markets. hence depriving them of the right to exercise their democratic rights.
According to the amended part in the law public markets shall be managed by local government authorities. This follows a January 15, 2023 letter by President Museveni to the Speaker of Parliament saying involvement of private people in public markets is the root causes of wrangles , creation of factions among vendors, extortions hence insecurity.
The law also provides for licensing of private markets, and for market departments and Market management committees for all markets, and to provide for registration of markets and vendors including levying and collection of market fees.
The current Markets Act Cap 94 was enacted in 1942 by the Legislative Council (Legco), which was the legislative arm of the colonial government was aimed at championing the interests of the colonial masters.
Local governments will now be required to register all markets and vendors within their area of jurisdiction, and empowering the Minister responsible for local governments to oversee and make rules and regulations for effecting the Act.
A private market proprietor who intends to alter the layout and design of space for a business activity within the market will be required to submit alteration plan to appropriate local authority for approval.
The Minister shall take into account special needs for persons with disabilities, women, and ensure properly designated areas for access by persons with disabilities, baby care and nursing centres, and separate toilets for men and women.
The Act empowers local authorities on receipt of the applications to verify within 14 working days the information to establish compliance with the terms and conditions for grant of a licence.
However an applicant who is aggrieved by the refusal of the local authority to grant a licence may within 14 days from the date of receipt of the written explanation appeal to the Minister.
There shall be departments in every market specially designed and organized based on goods sold and services provided where the local authority shall designate departments under its management and administration.
Stakeholders agreed on composition of market committee to include Chairperson, Vice Chairperson, Secretary, Treasurer, Publicity Secretary, Labour Union representative, Woman and Youth leader, representative of local authority and market proprietor.
But while the members of the committee would be elected democratically by registered vendors in the market among themselves, the bill gives local authority sweeping powers to remove a member for inability to perform or for misconduct.
The new law sets qualifications for leaders where a person shall not be elected as Chairperson or Secretary of the Market Management Committee unless he or she has completed a minimum formal education of Ordinary Level or its equivalent.
Local authorities shall in consultation with the Ministry or Minister responsible for Kampala Capital City Authority (KCCA) determine the rates and fees levied in a market under its area of jurisdiction.
A person who operates a market in contravention of the terms and conditions of the license issued under the Act commits an offence and is liable , on conviction to a fine not exceeding one hundred twenty currency points or imprisonment not exceeding two years, or both.
The bill states that a local authority may in relation to its powers and functions under the Local Government Act, Kampala Capital City Act, 2020 or any applicable law, make by – laws ordinances for managing markets within its area of jurisdiction.
A market established under the Markets Act and existing immediately before the coming into force of the Act shall be deemed to have been established under the Act, and shall within three years after coming into force of the Act comply with its provisions.
The new law also aims to providing for markets with sufficient space, enhanced designs and layout of common market vending infrastructures such as lock – ups, stalls, warehousing , wholesale facilities fully – fledged with restaurants.
It also seeks in this area, to provide for private services providers such as banks, clinics, offices and daycare centres for breastfeeding mothers.
Workers Member of Parliament Hon Margaret Rwabushaija told the Workers Eye that the Markets Act places the vital question of management in the hands of local people and local governments.
She said the current legislation did not provide for the forum of dispute resolution given the current spate of market disputes between vendors and the controlling authorities
.” The new law seeks to provide for mechanisms for dispute resolution in respect of markets and the manner in which vendors can elect within themselves a Market Management Committee,” She said.
Uganda Markets and Allied Workers Union Chairman Mr Bismark Ssempijja said it is a high time government detached itself from the ownership and management of markets in the country.
He said the President has deprived market vendors of the right of association and a right to determine who should be their leaders which is a constitutional right.
” We are now ruled in markets on decrees in form of Presidential Directives as if we are not part of Ugandan.” he said. He said: ” I extend appreciation to Hon Margaret Rwabushaija for a wonderful job. Now that we have a new law in place we shall try manage the situation.”
