5.3. VITAL FACTORS TO UNDERSTAND THE INFORMAL MARKET SPACE
5.3.9. Land inadequacy for informal operations
The lack of land was an issue that existed in a number of areas apart from the study area.
The study area was challenged by a lack of available land within the area to accommodate both the number of informal market participants and the formal market activities at the same time. The study area was inconsistent with the different activities that were provided (e.g.
retail, commercial, light industrial, etc.). Most community members were not concerned too
149 much with where they were located within the study area, although this was raised, rather, they were more concerned about the availability of land and space for the establishment of businesses. The issue was mentioned by respondents with regards to the availability of land and its feasibility for business purposes. This issue challenged all informal workers in the study area as it limited their operations by causing crowdedness, vast amounts of competition threatened their profit levels, criminal activities had increased, business expansion was impeded, etc.
However, the prospect of land scarcity was a complex one and a necessity to many actors in the market who were willing to take measures to seize a piece of land. For the poor it was a chance to make a living and that was why at times they occupied land without permits from the municipality. However, when traders occupied land in the study area, whether with a permit or not, they occupied spaces that had a different purpose and the area became mismanaged and expansion unplanned. This expansion could be regarded as unplanned because urban planning is defined as: having coordination amongst buildings and space, there is a level of formality and the monumentality of the layout must be consistent, there is a geometric mandate, and access and viability must be maintained. Urban planning also acknowledges the importance of standardisation in an urban environment, speaking of the formation of a sufficient and effective urban design through urban architecture inventories, metrology, coordination and spatial layout which includes everything happening within the area. All of the above was under stress in KwaMashu (Smith, 2007).
a) Less planned for urban areas
Smith (2007) described the concept of more planned and less planned cities and by looking at the situation in KwaMashu it was evident that this was a less planned urban area. Smith explained that a less planned area referred to a lesser degree of standardisation and coordination in the planning. KwaMashu was lacking in all of these features, not only functionally but also in its expansion. There was no specific area other than the informal market that played a major role in empowering its users (the poor) and improving their livelihoods. The issue of the lack of land was one of the reasons why it would be a challenge for more people to participate in the informal market, receive permits, be assigned proper spaces and location, and have their businesses expand and grow. The municipality has argued that the study area was never spatially designed to accommodate informal trading.
Additionally, the design of the area was complicated to redesign and the land scarcity meant that there was no land that could specifically be allocated to this function. The informal trading activities occurred where formal businesses and trading were supposed to be, and they had not been included within the spatial framework of the study area. There was next to
150 no evidence that there was a legislative framework supporting, controlling and managing the informal market activities in the study area.
The activities taking place were thus unsuitable and led to inefficiency. Informal business was being practiced everywhere where there was a space to work; these traders occupied land that was under government authority and land that was not. Trade took place on any land that was accessible and available for operations, such as on pavements and walkways, land owned by private owners, railway reserves, open spaces and roadsides. Some traders had containers as the structures allocated to them within the study area, but without permits.
The nature of the increase of informal activities was argued to be completely based on off- plot trading.
The issuing of permits did not mean that traders were spatially included within the design of the area; they only allowed them to occupy and use the area for their economic operations.
However, people trading without permits were evicted on a regular basis and given penalty tickets to render to the municipality for occupying spaces not allocated for their disposal. The researcher has acknowledged the initiative shown by the municipality in showing recognition of the informal market and the support given to its basic functionality, although spatial planning did not include informal market activities nor give land for its operation. The issue of land was diverse in various disciplines of thought, and within the municipality the issue also extended to housing initiatives to solve the housing backlog.
b) Land scarcity vs beneficiaries and stakeholders
Land availability was a challenge that was argued by various actors, beneficiaries and stakeholders to be a complex theme for debate. Town planners were inconsistent in their decision making and decisions depended on who had more valid reasons, rather than on equality and what was best for the community. People were categorised into different categories in terms of housing, business and employment (capitalists), agriculture, environmental management, etc. Competition for land was very high, and within each category there was competition between the different sectors (e.g. business: industrial, commercial and retail participants). Since informal activities were practiced on land not designed for such activities, traders were restricted from exercising their rights on the land they occupied as they felt that they could not complain too much. They opted to use what they had as they felt that their personal enclosures were insignificant and feared reprisals from the municipality. The issue of land ownership also affected potential investment within the informal markets for fear that investors would not be able to make a profit as working in the area was potentially high in risks.
151 Municipal officials have commented on the fact that there was no clear legislative framework at a national level or formulated at a local level supporting informal traders and their activities. A legislative framework would be used to control, manage and support informal market activities in the area. In addition to the lack of a legislative framework for use by the municipality, there was also no legal or policy instrument given to traders which would play a role in including them in spatial planning decision making, and that could be put into practice to protect them. All of the respondents mentioned this lack. A policy instrument for environmental usage and protection exists, namely NEMA (National Environmental management Act). The policy gives guidance on the use of the environment and specifies principles to protect the environment from exploitation and degradation. However, in the informal market this policy and its principles don’t exist, and the people use space and land that is accessible and available without permits from the municipality.