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‘CLEAN-UP’ CAMPAIGN

Informal traders challenge City of Joburg’s inner-city evictions in court

The City of Johannesburg has removed informal traders from several inner-city streets, claiming it’s cleaning up the CBD. Informal traders are pushing back.
Informal traders challenge City of Joburg’s inner-city evictions in court The evictions of informal traders in the Johannesburg inner city that began this month has extended to other areas in the inner city, including Hillbrow. (Photo: Dada Morero / Facebook)

The City of Johannesburg’s drive to “reclaim” the inner city, which started with evicting informal traders on De Villiers Street, has landed the city in court. The Socio-Economic Rights Institute (Seri) told Daily Maverick on Monday that it launched an urgent court application opposing the city’s operation on Thursday, 16 October.

Seri said it made numerous efforts to engage with the city and cushion the blow for the affected informal traders before launching its court application, but the city had not been responsive.

“Even when we made several attempts to establish what is going on, no explanation was provided,” said Seri attorney Deborah Raduba.

“That’s why we have had no choice but to approach the court so that the city can come on record and state what plan they have for that area.”

Last week, Daily Maverick reported on the city’s crackdown on informal traders on De Villiers Street, particularly at the popular thrift clothing stalls. Stall-holders told Daily Maverick the Johannesburg Metro Police Department (JMPD) had removed them without checking whether they had valid permits.

Johannesburg Metro Police Department vehicles stationed near De Villiers Street in Joburg's CBD, from where informal traders were evicted on 2 October. (Photo: Bheki Simelane)
Johannesburg Metro Police Department vehicles stationed near De Villiers Street in Joburg's CBD, from where informal traders were evicted. (Photo: Bheki Simelane)

The JMPD told Daily Maverick, “The enforcement action was primarily directed to clear out the whole area to restore order and address safety concerns.”

Read more: Informal traders evicted from Joburg thrift haven as city embarks on crackdown

Raduba said the city’s operations had spread to other parts of the city.

“This started at De Villiers Street, but this morning, they removed traders on Claim and Plein streets. Those traders include our clients,” said Raduba.

“Ever since the operation started we have been trying to engage the city to understand what is happening.

“We have been trying to find out from them what the development plan is and if there is a way that we can work together hand in hand without our clients being unable to trade at all.

“So, last week, we approached the court on an urgent basis, which is a spoliation order to declare the city’s conduct unlawful and for our clients to return to trade in the manner that they were prior,” said Raduba.

Spoliation is a legal concept that refers to the wrongful deprivation of possession of property.

Seri was willing to engage with the city on any intended development, said Raduba, stressing that in this case there would need to be temporary measures that would allow their clients to make a living.

Seri is acting on behalf of the South African Informal Traders Forum.

In the dark

“Everyone is in the dark regarding what is happening except the mayor,” said the forum’s Brian Phaaloh.

“Our members went to offices of the Department of Economic Development on Friday and they were told by the deputy director of that department that they were also in the dark regarding the ongoing operation.

“They remove members on the basis that they are foreign nationals and that they are not allowed to sell on the streets, which is a lie,” Phaaloh claimed.

He said the city claimed to be enforcing permit regulations, but had consistently failed to institute a proper permit system.

“As the organisation, we were not engaged, hence we approached Seri to take this matter to court.”

Clean Hillbrow Streets: The sudden move to evict informal traders in the Johannesburg inner-city which began early in the month has extended to other areas in the inner-city such as Hillbrow. (Photo: Dada Morero / Facebook)
The evictions of informal traders in the Johannesburg inner city has extended to other inner-city areas, including Hillbrow. (Photo: Dada Morero / Facebook)

‘I feel undermined’

Ayanda Kela told Daily Maverick on Monday that she had been trading on De Villiers Street since 2001.

“I actually feel undermined by our own government. Removing traders without a notice or alternative is a big insult; assumptions that people are trading there illegally are a lie,” said Kela.

Asked whether she had been asked to produce her permit before she was removed, Kela responded: “No they did not, because they never renewed our permits since 2011.”

Mayor defends operation

On Monday, Mayor Dada Morero addressed the media about the evictions.

“Our enforcement operations will continue and should not be seen as a punitive measure, but as a restorative measure,” said Morero.

He said the operations were meant to ensure safety and law and order in the city. Morero said the cleared streets were deemed prohibited trading zones under the city’s bylaws.

He said the operations focused on restoring the safety of pedestrians and shop owners and maintaining access to buildings. The enforcement of the bylaws, he said, formed part of a broader developmental approach to empower traders and sustain economic growth.

The mayor has also said that undocumented foreigners should not be allowed to work as informal traders.

Dada Morero, the incumbent ANC mayor. (Photo: Fani Mahuntsi/Gallo Images)
Dada Morero. (Photo: Fani Mahuntsi / Gallo Images)

The city said informal traders who wished to continue to trade would have to apply for permits and undergo a process of verification. Successful applicants would receive verification cards and be allocated designated spaces from where to trade.

The City says thousands have applied for verification.

The city said it had closed all the gaps pointed out by a court in a previous judgment against informal traders in the inner city.

Read more: Joburg traders live in fear after lawyers defending evictions receive death threats

According to the city, legal challenges, mainly by Seri, had prevented it from properly implementing its 2022 informal traders policy.

“We are going to continue with implementation of our operation and we will ensure full compliance with the legal framework as established by the courts and by the city’s own updated informal trading system,” said Morero.

The city has lost previous court cases after taking a blanket approach to removing informal traders from the streets.

The urgent application against the city has been enrolled for Tuesday, 21 October. DM

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