Mbarara market vendors decry new markets law

MBARARA – The Markets Act, 2023 which came into effect in May has not gone down well with market leaders in Mbarara City who say they were not consulted during its formulation.

According to the Minister of Local Government Raphael Magyezi, the implementation of the new law which establishes both public and private markets will first be piloted in Kabale Central Market before being rolled out to all the 21 markets constructed in other cities and towns under Markets and Agricultural Trade Improvement Programme [MATIP].

“Now that the president [Museveni] has signed the Markets Act, 2023, we shall start with Kabale and then we come to Mbarara and other cities and towns to resolve all issues concerning markets,” Magyezi told leaders in Mbarara City recently.

The minister said the new market law also provides for the licensing of private markets in different administrative units, which was not the case before.

For example, we never had a law allowing us to have private markets but now we can have a private market and it must be accredited by council. You cannot just go and start a market before getting authority from council officials even if the land is yours,” Magyezi said.

He said: “We had market associations but now the new law says that a public market will be run and managed by the public authority because we have seen if you involve the association leaders they first allocate the best spaces in the market to themselves, others ask for bribes. So we need to sort that mess.”

The new markets law gives local government authorities the mandate to manage the markets. “In Kampala capital city, the administrative authority shall be the executive director. In a city, municipality, or town, the administrative authority shall be the town clerk. In the district, the administrative authority shall be the chief administrative officer. In the city divisions, municipal divisions, the administrative authority shall be the deputy town clerk. In the Sub-county, the administrative authority shall be the sub-county chief.”

Emmanuel Muhumuza, the chairman Mbarara Central Market Association said it was unfortunate they did not have any input in the Markets Act, 2023.

“The law lacks our input as market leaders who have been presenting the vendors’ views. Sitting in Kampala to make the law and send it to market vendors in Uganda is unfair because they were not consulted,” he said.

He is also unhappy that the law gives local governments the sole power to manage the markets yet they have been having their own leaders.

“Giving local governments sole powers to manage markets, means our efforts were downplayed and we shall see such recurring challenges haunting the vendors, and the markets will be in turmoil”

Penelope Kamusiime, a vendor and Muhumuza’s deputy said the new law does not favour the market vendors as it does not provide for any representative to look into issues affecting them.

Nyombi Muhammad, former Mbarara central market chairperson also condemned the government for failing to consider vendors as one of the stakeholders in coming up with the amended Act.

He said that the new market law will block the voice of the vendors, making it hard for them to operate smoothly. “For instance, the market chairman was the voice for the vendors but if the government implements this new law, it’s going to bring confusion in the markets,” he said.

He said the government employees will not understand what vendors go through, thus calling upon relevant authorities to challenge the amended market.

Simon Mwijuka Seith, chairman Mbarara City Traders Association [MBACITA] also advised the government to work with market leaders in managing the markets.

Instead of deploying a market master, Mwijuka encouraged the government to facilitate the market associations to maintain the role of governing the vendors.

Rogers Betunga, a market vendor dealing in agrochemicals said that the local governments will not understand the language of vendors thus seeing the kiosks and lockups being reoccupied by rich people.

The new markets law provides that: “Where the vendor fails to pay the market fees, an administrative authority may seize any goods held by the vendor within the market and the goods, shall, unless the sum due is paid within fourteen days from the date of seizure, be sold by the administrative authority.”

The Act also allows the allocation committee to reallocate the workspace, shop, pitch, or stall if the market vendors fail to pay the rent.

When contacted, Assy Abireba, the city town clerk Mbarara confirmed that he participated in the formulation of the Markets Act 2023, saying it will ensure orderliness in both private and public markets.

“It will take care of all the gaps that existed in the old act. For instance, there are quite a number of markets in this city that have been disturbing us when it comes to revenue collection and governance. The new market law has clarified that every public market is subject to management by council,” Abirebe explained.

The Market Act, 2023 repeals the Markets Act Cap, 94; it provides a three–year transitional period for markets that were established under the Markets Act Cap, 94.

Market vendors who violate this law will be penalised. For example, a market vendor who operates a market in contravention of the conditions of a licence issued under this Act commits an offence and is liable, on conviction to a fine of Shs 2.4 million or imprisonment not exceeding two years.

https://thecooperator.news/minister-dissolves-soroti-main-market-leadership-over-corruption/

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