Vendors take city council to court

A LOCAL resident in Lae, Stanley Karem filed an application in the Lae district court yesterday afternoon on behalf of more than 100 others arguing that the Lae city council does not have the power to ban markets within their premises.
The matter will be heard today.
The application states that the city council only has regulatory powers in line with health standards.
The council had on Jan 19 issued an undated notice signed by acting city manager Murewe Zurenuoc to ban “premises markets, yard market, front yard market and table market” under it regulatory Law No.2.
The council’s reason for the ban was because home and street markets created rubbish and – together with the increasing law and order problems – contributed to the bad look for the city,.
All homes with market stalls in Top Town, Eriku and the Market area were given notices, resulting in a group of mainly women fronting up a day later at the Niall Community Centre council headquarters to protest.
Kurem will be respresented by Emmanuel Solwai Mambei of Solwai Lawyers against the city council and its officers as first defendants, head of the policing unit Simon Ipam, acting head of the council’s Health division Jonathan Ipang, acting city manager Murewe Zurenuoc, and the Lae ULLG.
Mambei would be arguing that the ban of cigarette, drinks, betel nut and craft wear inside the fences of homes was contrary to the Lae ULLG Trading in Public Places Law (Amended 1998) and the Informal Sector Development and Control Act 2004.
Kurem and his counsel would contend that Law No. 2 gives the council only regulatory powers and must be applied in relation to minimum standards of area of trading, as explained in the Informal Sector Act.
The act states that the area should be kept clean of rubbish.
Mambei argues: “It will only be an offence if you do not meet the minimum standards.”
The council is also facing another lawsuit from contractors who are involved in grass cutting and drainage cleaning.
Contractors said yesterday they had been underpaid for the past two years.