The South Gauteng High Court today struck off the roll an urgent application brought by the South African National Traders’ Retail Alliance (SANTRA) and the South African Informal Traders Forum (SAITF) to allow informal traders back to work pending a decision about the lawfulness of the City of Johannesburg’s decision to implement Operation Clean Sweep by removing traders and not permitting them to return after they complied with a verification and re-registration process.

In an order handed down by Judge Ramarumo Monamo, the court agreed to the consolidation of SANTRA and SAITF’s applications and struck the matter off the roll for lack of urgency. The Judge also ordered each party to pay their own costs. No reasons for his decision were given. SERI, who represents SAITF and over 1 200 traders, is deeply disappointed with today’s order. The order sends the message that the dire socio-economic conditions of our clients, brought about by the City of Johannesburg’s unlawful actions, are not urgent.

Many people are living off savings that are fast running out, are struggling to pay rent and services and to put food on the table. For example, one of the applicants, Ms Ngqwala, used to sell handbags and clothing in Block 7, and has been trading since 1993. She has 16 dependents who rely on her income. This income has disappeared overnight. Another applicant, Ms Sithole, sold vegetables in Block 13 until she was removed by the JMPD. Now she is unable to afford transport to take her children to school, so they have stopped attending. She also faces eviction as she is unable to pay her rent.

Mr Sekhwela traded in Block 10 until he was removed as part of Operation Clean Sweep. He is now struggling to take care of his sick elderly mother.
According to Nomzamo Zondo, SERI attorney for the traders: “Our clients are devastated. They cannot believe that the court has decided to standby while the City tramples on their rights and acts with complete disregard for the law. They want to know why their children must starve and face eviction because the City has failed to manage informal trading in the inner city.” The two trader associations are meeting this evening to discuss a way forward, and are considering their legal options.