By Akani Nkuna
The South Gauteng High Court has ordered the City of Johannesburg (CoJ) to accelerate the verification and registration of informal traders within the next two weeks.
The judgment follows a legal challenge brought by the Socio-Economic Rights Institute (SERI), which sought to halt 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.
Judge Wanless also ordered the matter to be referred to mediation under the Gauteng High Court’s revised protocol and directed the City of Johannesburg to bear the costs of the mediation process.
CoJ’s legal representative, Leslie Mkhabela, said the verification process would strictly follow municipal by-laws to ensure traders comply with health and safety regulations, particularly where hazardous materials like gas stoves are used.
Mkhabela echoed Mayor Dada Morero’s stance that informal trading opportunities are primarily reserved for South Africans, but added that legally documented foreign nationals would be considered for trading stands if space permits.
“The city will ensure that the court order is implemented and that eligible traders are allocated stands and trading facilities where available,” Mkhabela said.
He also warned against congestion and lawlessness in the inner city, saying informal traders must operate only in designated areas.
“De Villiers Street is not demarcated for informal trading. The city designates markets—you cannot simply pick a spot because you like it. Traffic laws and safety regulations must also be observed,” he emphasised.
SERI’s Director of Litigation, Nkosinathi Sithole, welcomed the ruling as a partial victory for informal traders.
“While it is not an overwhelming success, it gives traders a chance to be regularised and continue earning a living, contrary to the city’s attempts to remove them altogether,” Sithole said.
He added that SERI is advocating for the inclusion of all traders legally in the country, including asylum seekers.
“We have never said the state cannot enforce its laws—but it must do so lawfully and fairly. The city cannot refuse to regularise traders simply because they are not South African,” he said.
Sithole warned that if the city fails to meet the two-week deadline, SERI will return to court to seek a stricter compliance order.
On Monday night, the City of Johannesburg said it welcomed the judgment.
“In light of today’s ruling, the court has directed the City to accelerate the verification process and the issuance of permits to qualified traders. The verification will begin on 4 November 2025 and conclude on 18 November 2025,” the city said in a statement.
“The City of Johannesburg expresses its approval of the recent court ruling that reaffirms its commitment to a structured and compliant framework for informal trading—one that balances economic opportunity with law and order, while respecting the rights of residents and businesses.”
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