The SA Informal Traders' Forum (SAITF) and the SA National Traders' Retail Association (Santra) are seeking an interdict against the City of Johannesburg and its metro police from removing informal traders from the streets.
Paul Kennedy SC, representing SAITF, argued that the city initially indicated that the legal traders would be allowed back to their stalls in the week beginning November 4.
"The city has not honoured its undertaking... and [the traders] have not been offered anywhere else [to trade]," he said.
"[The city] removed the people under false pretences.
"Even if the traders were to be relocated, this would be a complex process."
Kennedy said the matter was urgent, because the traders were being deprived of their livelihoods.
He said the city did not dispute that the traders, represented in the application, were legal.
"Our clients are being rendered destitute."
Some of the traders were unable to feed their children, while others faced eviction.
Kennedy contended that the traders had been arbitrarily deprived of their property, and that their rights to dignity and freedom of trade were also impinged on.
Chris Georgides, for Santra, said the first indication that the City would not allow the traders back to their stalls was on November 4.
He said a previous meeting between traders' representatives and city officials had indicated that the verified traders would be allowed to return to their stalls.
Gcina Malindi, for the City of Johannesburg, said the application should not be seen as urgent.
He said the matter lost its urgency as it was not resolved last week, when the traders' applications were launched.
As such, it should be struck from the urgent roll and be heard in a normal court.
He also submitted that the court should consider that the traders launched their applications only last week, whereas the traders were removed from their stalls in October.
"From the moment you know your rights have been infringed, you don't procrastinate."
Malindi said the arguments about the financial hardships of the traders were no different to those of any dismissed workers, and that this did not constitute exceptional circumstances for an urgent application.
He argued it would be an enormous and time-consuming task for the city to reply to all the allegations posed against it.
"It is our submission that the court has to afford the respondents [the city] the opportunity to file a comprehensive answering affidavit."
He told Judge Ramarumo Monama: "If your Lordship does not order costs [against the traders' groups], it will show approval for matters that ought not to be heard in this court."
Informal traders and their supporters held a demonstration in front of the court, dancing and singing while they waited for the outcome of the day's proceedings.
Culled from Fin24.
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