Joburg Court Order: City Scrambles to Register Informal Traders Amidst Concerns Over Undocumented Nationals
Johannesburg – The City of Johannesburg is racing against time to comply with a High Court order to verify and register informal traders within the next two weeks. The order follows a legal challenge brought by the Socio-Economic Rights Institute (SERI), which aimed to prevent the removal of informal traders operating in undesignated areas without permits.
Judge Brad Wanless directed the city to "conduct and expedite verification, registration, re-registration and allocation processes as contemplated by the informal trading by-laws promulgated in the provincial gazette". SERI had argued that the city's officials were violating traders' constitutional right to earn a living, citing a pattern of unlawful evictions and a lack of viable alternatives or support for affected traders.
However, the city faces significant hurdles in implementing the court order. According to city officials, of the 525 traders listed by the court, only 71 have come forward to register. This low turnout has raised concerns that many of those on the list are undocumented foreign nationals who have fled during inspections.
Mlungisi Mabaso, member of the mayoral committee (MMC) for human settlements, expressed his concern during an oversight visit to the inner city on Thursday. "But in the list that has been provided by the court, the response has been very low, we are sitting at 71, which is very concerning for us because this is a clear demonstration that the majority of those on that list are undocumented foreign nationals, and that is why they are not responding," he said.
Mabaso also noted that the city had received more than 100 South Africans who were not on the original list provided by the court. He said the city's migration desk was assisting with the verification of those on the list.
The city's efforts to register informal traders are further complicated by concerns that some South African citizens are obtaining permits on behalf of undocumented foreign nationals. Mabaso emphasised that officials needed to be on the ground daily to monitor activities on the streets.
"So, as we are here today, even next week we’ll be here. We will forever be here until we get it right because we need to clean these streets so that we are able to move to other streets. But this is our benchmark; once we get it right here, it’s a demonstration that we’ll be able to do it in other areas," he said.
Acting mayor Eunice Mgcina echoed Mabaso's concern about the low turnout of informal traders coming forward for verification. During site inspections, Mgcina and other officials found some foreign nationals operating without permits or even passports.
"We’ve identified that those who were selling clothes here are now going inside the shops and subletting there, as you would have seen when we addressed one of the informal traders who actually ran away because we were calling order on that," said Mgcina. She added that the Johannesburg Metropolitan Police Department would attend to those cases.
The oversight visit included ward 59 councillor Sithembiso Hlatshwayo and neighbouring ward 60 councillor Sihle Nguse. The street in question (De Villiers Street) is located in ward 59.
Nguse said that since the city’s clean-up operations had begun on 2 October, crime had decreased significantly. He said the area had been a hub of criminal activity due to severe congestion.
"When it is congested, you can’t even tell who is who. Even if you are being mugged, no one can identify the perpetrator," he said. "My cousin was murdered just right here; he was being robbed of a cellphone and got murdered. So what excites us about this is that there is a massive reduction in crime."
The city's efforts to verify and register informal traders are therefore intertwined with broader concerns about crime, undocumented foreign nationals, and the regulation of informal trading in the inner city. The next two weeks will be crucial as the city attempts to comply with the court order while addressing these complex challenges.
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