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Joburg informal traders turn to court as city clean up clamps down

23 October 2025 | 10:33 CAT
4-minute read

Image: GroundUp

In the heart of Johannesburg’s central business district (CBD), a group of informal traders has taken the Socio‑Economic Rights Institute of South Africa (SERI) and the City of Johannesburg to the High Court, seeking a halt to what they describe as abrupt raids, evictions and stock confiscations by the metro police and other city officials. The legal showdown is scheduled for next Tuesday, pending the city’s formal defence filing.

The traders say they were trading legitimately in the CBD when teams from the city’s law-enforcement and trading-licensing bodies arrived unannounced, impounded goods, and forced them off their stalls—despite many having operated in those spaces for years.

According to SERI’s senior communications and advocacy officer, Edward Molopi, the organisation has been instructed by the traders themselves to act on their behalf.

“We are acting on their instructions as the lawyers for them,” Molopi said.

Molopi explains that the standoff arises because, while the City argues that the proliferation of informal traders is contributing to untidiness, unregistered trade and potential health risks, it has for many years failed to roll out a consistent licensing and allocation process. In fact, the City only recently resumed permit issuance on 6 October 2025 under its 2022 Informal Trading Policy (adopted in April 2022) and is still in a phased implementation.

“Since in almost a decade now the city has not been in a position to issue trading licenses,” Molopi said.

Under the city’s own informal-trading by-laws and policy framework, informal trading is legal — provided the trader has a permit, trades in a demarcated area, and meets regulatory conditions. Yet, in practise, traders say the systems are deeply flawed. Between mid-September and mid-October, the Johannesburg Metropolitan Police Department (JMPD) launched roughly ten enforcement raids in the inner city, with goods impounded and fines ranging between R2 000 and R4 000 in some cases.

The City, under Executive Mayor Dada Morero’s inner-city revitalisation agenda, has emphasised that its aim is regulation and order—not wholesale prohibition. Officials say some 25 000 + informal traders operate across the municipality and contribute between 5 % and 7 % of the local economy. But the traders and their advocates argue that enforcement actions have lacked proper consultation, transparency and consistency.

SERI has signalled that the City’s recent drive may infringe economic-rights protections and the constitutional right to dignity.

“If there is that willingness to engage, then yes, we could settle all of this outside of court,” Molopi said.

The court matter centres on application for interdicts and relief—traders want the City to stop the evictions and allow them to return to trade spots without further harassment, and for their confiscated stock to be returned. The City, in turn, says it retains the authority under its by-laws to remove traders operating illegally or in areas causing obstruction, health and safety concerns.

Background reveals that South Africa’s highest court ruled in 2014 in South African Informal Traders Forum v City of Johannesburg that the City may not act arbitrarily when evicting informal traders—procedural fairness, consultation and prior notice are required. SERI argues that the City’s recent actions do not meet those jurisprudential thresholds.

For traders working long hours on the pavement, who rely on side-income for family sustenance, the stakes are high. Many say they were trading with tacit consent for years, and were blindsided by the enforcement blitz. Some referenced paying informal monthly fees or rentals without formal documentation and say when the City moves, they are left without livelihood.

Observers note the balancing act the City must perform: promoting order, pedestrian safety and hygienic public spaces, while protecting livelihoods and enabling inclusive economic participation. The new permit regime the City has rolled out is intended to simplify registration, issue smart-cards, and align with digital-economy imperatives. The question now is whether that process can be executed in a way that is fair, transparent and respectful of human and economic rights.

As the hearing approaches, both sides say settlement is possible—but only if the City shows genuine openness to meaningful negotiation with traders and their representative structures. Until then, the legal fight will illuminate how Johannesburg negotiates the informal economy in an era of urban renewal and heightened regulation.

The inner-city streets, the makeshift stalls and the everyday exchanges they host, reflect not only commerce but livelihoods, dignity and resilience. How this conflict is resolved will set a precedent for how Africa’s largest economy values the informal sector and balances it against formalisation, regulation and urban development priorities.

Listen to the full interview on Sabaahul Muslim with Moulana Sulaimaan Ravat.

 

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