Harare’s Night Vending and Second-Hand Clothes Ban Is Invalid: Fadzayi Mahere
Prominent lawyer and activist Fadzayi Mahere has hit back at Local Government Minister Daniel Garwe after he announced an immediate ban on night vending and the sale of second-hand clothing in Zimbabwe’s city centres.
On Monday, 4 August 2025, Garwe instructed all local councils to start enforcing the ban in all Central Business Districts (CBDs), sparking fierce debate.
Harare’s Night Vending and Second-Hand Clothes Ban Is Invalid
Mahere was quick to respond, accusing the minister of acting outside the law. She argued that banning any form of trade through a press statement was unconstitutional and could not be enforced legally.
In a strongly worded post on X (formerly Twitter), she said government actions must be backed by law and follow proper legal procedures. She warned that Zimbabwe is a constitutional democracy — not, in her words, “an unwieldy jungle.”
Mahere said:
“Dear Honourable Ministers, As a matter of law, you have no power to ban trade or any other activity by a press statement. Section 68 of the Constitution requires all actions by the Government to carry the force of law. Unless there is a valid enactment underlying your ban, it is invalid and of no force or effect. This is a constitutional democracy, not an unwieldy jungle. Let’s adhere to the rule of law. We need new leaders.”
Dear Honourable Ministers,
As a matter of law, you have no power to ban trade or any other activity by press statement. Section 68 of the Constitution requires all actions by Govt to carry the force of law. Unless there is a valid enactment underlying your ban, it is invalid… https://t.co/yuUZXxAVd0
— Fadzayi Mahere
(@advocatemahere) August 4, 2025
Also read: Government Bans Night Vending and Second-hand Clothing Sales in CBDs
Mixed Reactions From Zimbabweans
Many Zimbabweans agreed with Mahere and slammed the minister’s move, calling it anti-poor and out of touch with the realities of everyday survival. Several users also criticised the government’s broader economic approach, while some used the opportunity to remind Mahere that she had once been in Parliament but chose to back opposition leader Nelson Chamisa instead of continuing her legislative work.
Here are some of the comments:
@thomaschauke:
“This is what happens when those in power have no functioning economic campus. Maybe they think people have made a lot of money from vending and farming, and now they can afford to buy Gucci and Louis Vuitton.”
@Laptopsguy001:
“Takakuisa muparliament and you chose Wamba over us so torwirwa nani hondo iyi?”
@LogisticsTdi:
“Is it possible to ban the informal sector, which is already operating illegally? Vakatotanga vari banned kare.”
@Hardman52706756:
“They will ban everything, I swear. Ex-Japanese cars older than 10 years have been banned. Second-hand clothes they banned. It’s weird. I don’t think they reason.”
@simba32244396:
“Vendors for ED muripi?”
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