City of Joburg Mayor Dada Morero has emphassed that the metropolitan municipality’s by-laws must be respected, following informal traders’ challenge against their removal from the streets.
The city and the traders, represented by the Socio-Economic Rights Institute (Seri), squared off in the Gauteng High Court in Johannesburg on Friday.
The applicants are seeking a declaration that their eviction from De Villiers Street in Johannesburg’s central business district (CBD) was unlawful.
The traders were removed by City of Joburg officials and the Johannesburg Metropolitan Police Department (JMPD) in early October, with the authorities instructing them to apply for permits.
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While the traders contend that the evictions disrupted their livelihoods, the municipality defended its actions.
The city has maintained that the measures are aimed at regulating informal trade and restoring order in line with the informal trading policy, adopted by the Joburg council in 2022.
The eviction marks the latest chapter in a long-standing dispute between the traders and the city, which dates back to a 2014 Constitutional Court (ConCourt) ruling affirming the street vendors’ right to trade.
City of Joburg vs informal traders case postponed
The hearing was postponed to Monday after negotiations between Seri and the city — accused of clearing the streets due to the G20 summit — reached an impasse.
Speaking to the media on Friday, Seri’s litigation director Nkosinathi Sithole said the organisation viewed the removals as illegal.
“The main argument which Seri, on behalf of the [South African] Informal Traders Forum, is standing on is that where traders were removed, they were removed unlawfully. They have been trading there for years.
“Since the Constitutional Court judgment, which ordered that the city’s conduct was unlawful, they have been trading there.
“So it cannot be now that suddenly De Villiers is off limits. If all things were considered, the traders should have been allowed to go back and trade in De Villiers,” he told the media.
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Sithole argued that the city should have engaged with traders regarding the decision to close De Villiers Street for trading and suggested alternative areas for relocation.
“We are happy to be relocated in precincts near De Villiers, but the city has not produced a plan as to where that will be and that’s what has caused this delay today.”
He added that the traders were hopeful the city would present a plan either over the weekend or on Monday.
Sithole also contended that the city’s proposal to accommodate only 200 traders, when more than 500 were affected, was insufficient.
He criticised the city’s proposed timeframe for finalising the permit process, highlighting that traders had already lost income.
“They’re talking about them being relocated to other places over time so that basically means that what the city is offering is nothing.”
Sithole said Seri had suggested allowing the traders to return to De Villiers while the city implements its plan to provide resources and trading spots, rather than simply removing vendors.
Morero defends City of Joburg’s evictions
Meanwhile, Morero told reporters that the dispute would be addressed in court on Monday after negotiations failed.
“There two issues here basically. One is the issues of trade in terms of SMMEs or street traders, which both parties agree that is an important part because it contributes to economic growth, it contributes to job creation and all sorts of issues.
“Secondly, it’s a matter of cleanliness, safeguarding the city and creating a safe environment by ensuring by law enforcement,” he said.
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Morero revealed that during negotiations, the city had proposed a comprehensive verification process.
“It’s very important to confirm that indeed whoever is claiming here to have been trading.
“We need to confirm whether the person is eligible, is the person a South African citizen, if not, is he asylum seeker, does the law allow him to be on that space?
“So that process was supposed to then start with immediate effect from tomorrow, but unfortunately because we have not reached an agreement.
“It has been put on hold until we meet again on Monday here in this court.”
‘Viva by-law enforcement’
The mayor also addressed supporters of the city’s actions, including ANC and ActionSA members, who were chanting “viva by-law enforcement” outside the court.
Morero explained that the city had asked for 14 days to verify “legitimate” traders and stressed that only South African citizens qualify under city rules.
“We want our city to be clean and we also want to support small businesses,” Morero said.
“We’ll never allow to be disrespected on our own land. We are asking people to respect [our by-laws].”
He delivered a firm warning that no traders would return to the streets until the matter is resolved.
Furthermore, Morero reiterated that while the city respects the courts, the municipality won’t be held back and will continue to fight.
“We respect all the judges in South Africa, but we won’t allow our city to be left as a mess.”
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