Informal traders operating in the Joburg CBD have taken the city to court to compel it to halt the recent raids and evictions from their places of business.
They also want the city to allow them to return to their trade spots without further harassment after their stock was impounded by the metro police.
The latest court action by the Socio-Economic Rights Institute (Seri) at the high court in Johannesburg comes on the back of the city’s crackdown on traders selling their wares outside of demarcated areas in and around the CBD.
The city recently began rolling out trading permits which restrict holders to operate in designated spots. However, there has been some pushback by those who accuse the city of being heavy-handed after it impounded their goods. The city fines traders between R2,000 and R4,000 to release the confiscated stock back to owners.
The applicants said their survival through street trading is crucial as they live hand to mouth, and that the city’s recent clean-up operation has put the welfare of their families at risk.
Seri, representing about 800 hawkers, is asking the court to restore traders to their original trading sites and stop any further evictions.
The matter was postponed to Tuesday next week to allow the city to read and peruse the paperwork. The traders’ legal representatives also asked for the judge to recuse himself as he presided in a similar matter in 2013.
Seri said the application represents traders whose income is affected. The main applicant is Ayanda Kela, an informal trader operating on De Villiers Street. She has been selling second-hand clothes since 2002.
“I make approximately R450 to R500 a week, depending on the season and the demand for my goods. I use this income to support my four minor children. I am the breadwinner in my household, and I use my income to pay rent, school fees and food for the household,” she said.
Kela said she has not been able to provide for her children since the evictions, which began earlier this month.
My business has been affected since February 14 2025 because customers have been reluctant to approach stores with the constant presence of JMPD [Johannesburg Metro Police Department] and other city officials
— Trader, Mericca Khwesa
“I cannot even afford to give them lunch money. If the prohibition on trade continues, my children and I will end up homeless as I will no longer be able to afford my rent. As it stands, I do not know how I will pay my rent [this] month. My situation is not unique. Many traders will face dire consequences if we are unable to trade soon.”
Another trader, Mericca Khwesa, has been selling pork, chicken, and beef since 1996.
“I make about R3,000 per month if business goes well. I have three children and seven grandchildren who depend on me. They stay with my mother in Mpumalanga. My business has been affected since February 14 2025 because customers have been reluctant to approach stores with the constant presence of JMPD [Johannesburg Metro Police Department] and other city officials,” Khwesa said.
Although the recent operations started in early October, the applicants said their problems stem from 2013, when they initially took the city to court for a similar matter in which the Constitutional Court ruled that what the city had done was unlawful.
However, they said things never got better and, in their affidavits, describe how, since the launch of Operation #NomakanjaniManjeNamhlanje by public safety MMC Mgcini Tshwaku, they have not known peace.
“Officials have repeatedly approached traders demanding permits we were never issued with. Since October 2, we have been unable to trade and, as a result, have suffered severe financial constraints,” the affidavit reads.
Sowetan
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