Court battle looms between City of Johannesburg and traders

This is the undercover area where many of the informal traders work at the Kopanong market in Ivory Park, Midrand. Photos: Kimberly Mutandiro

• The Socio-Economic Rights Institute of South Africa (SERI) has sent a letter of demand to the City of Johannesburg over the removal of informal traders from Kopanong in Ivory Park, Midrand.
• The City set up a market at Kopanong in 2016.
• This allowed officials to better manage street trading and improve pedestrian movement there.
• But in May the City removed containers used by the traders to store their goods, making trading nearly impossible for many of them.

Lawyers at the Socio-Economic Rights Institute of South Africa (SERI) have sent a letter of demand to the City of Johannesburg over the removal of informal traders from Kopanong in Ivory Park, Midrand.

According to the letter, the informal traders were allocated spaces in containers where the City set up a market at Kopanang in 2016. The market is in a straight line and is therefore called a linear market. This allows officials to better manage street trading and improve pedestrian movement.

Over the years, informal traders we have spoken to complained about the City’s heavy handedness.

Last month, we reported that the City has been running a campaign since about February to enforce trading bylaws. This includes verifying that traders are properly registered and trading in designated areas. In the process, dozens of traders across the city, who say they are correctly permitted, have been stopped from trading and had their goods confiscated.

Officials visit Kopanong

In March then mayco member for economic development, Sharon Peetz, stated that the City was “serious about creating an enabling environment for businesses to thrive” with a planned upgrade at the Kopanong market. She announced that the R9-million market has 49 containers, each of which will accommodate two vendors.

But Kopanong traders told GroundUp that they had been having clashes with the ​​Johannesburg Metro Police Department (JMPD) over the bylaws since the end of April. They claim that the local councillor, JMPD, and other officials have accused them of causing disorder and lawlessness.

According to SERI, mayco members and ward counsellor Yoliswa Twala went to the market to tell the traders that the containers would soon be removed. “Our clients tried to reason with them, stating that they had no objection to the removal of the empty and vandalized containers.”

According to the traders we spoke to, the City removed the containers storing their stock between 30 April and 6 May. This also came after the body of an unidentified man was found in one of the containers.

SERI says the City told them last week that the containers would not be returned but the undercover carport used by the traders will remain.

Peter Mopai, who sells food and accessories, said his business helps him buy food for his children and send them to school. “Since [the City] threatened to remove us, they should give us jobs. Our businesses help us stay away from crime and earn an honest living,” said Mopai. Because the containers were removed, each day he has to push his large trolley to and from his home over 3km away. He fears getting robbed at night when he closes shop.

SERI intervenes

Many of the traders are members of the South African Informal Traders Forum (SAITF). They plan to oppose any future attempts to evict them from the market. Another concern raised was that some of the traders who are immigrants, believe they were being targeted for this reason.

Despite attempts by the forum and the lawyers, the City has still not returned the containers.

In the letter dated 5 May, SERI states that it is representing 140 informal traders who had been using 40 of the containers at Kopanong. “It is evident that despite all our and our clients’ efforts to avoid approaching the high court for urgent relief, the City continues to arbitrarily remove the trading infrastructure,” said SERI.

The organisation emphasised that the storage containers are vital to the traders’ ability to work because they cannot go home with their stock every day.

SERI, in the letter, demanded that (a) the City return the confiscated containers, (b) consult the traders before restructuring any trading infrastructure, and (c) develop plans for the area to improve the traders’ ability to work without undue interference.

Wheelchair user Khensani Mahlalela started trading at the market earlier this year. Since she is unable to carry her stock home, she now has to pay someone to help her cart her goods around. “I live off a disability grant which is not enough. Trading gives me an extra income,” she says.

Battle for permits

Thembelihle Nxawo, who has sold food at Kopanong since 2013, said she and other traders gave the City an updated database of traders in 2020 while some of them waited for the formal permits to be issued.

She explained that traders at Kopanong have for years been at loggerheads with the City. “All of us depend on our businesses. Being removed would strip us of our livelihoods,” said Nxawo.

She and others would like the containers returned as they are now forced to pay to store their goods in nearby houses. “We want the City to recognise all of us as traders, give us licenses, and allow us to continue trading,” Nxawo added.

Chairperson of the Kopanong Traders Association, Lazarus Ndhlalane, who also sells fruit, said despite a meeting with the City last week, the containers have still not been returned. “As traders, we fear for our future because we continue to face challenges,” he said.

Ward councillor Yoliswa Twala said that the containers were removed as a safety measure because the vacant ones were being used by criminals. She said the City had plans to put Rea Vaya buses on the premises, and traders would be allocated a space. But added that the City would first need to verify traders who qualify.

The City has not responded to requests for comment since 22 May.

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