ABSTRACT

This chapter describes that govern street trade are informal and socially determined, ranging from 'landlord' control of trading locations to casual invasion of space. Comparative findings from the research suggest eight core areas of state legislation that influence street traders' rights: constitutional rights, access to justice, urban space, property rights, highway regulations, licensing and business regulation, labour law and urban management. Relevant legislation covers policing and public order; highways; urban planning; land use; registration and licensing; labour laws; public health codes; market regulations; municipal management; and many others. Street traders use five main strategies for claiming 'rebel streets': covert occupation, direct action, political influence and bargaining, organising and unionisation, and legal challenge. The chapter discusses the five frameworks that were posited as a basis for better understanding of law and rights in the informal economy: legal pluralism, human rights, right to the city, rights to access public space and land and property rights.