Court blocks Polokwane municipality from issuing temporary operating permits during lockdown

The High Court in Polokwane, Limpopo, ordered on Tuesday that it is not necessary for the local municipality to issue “temporary operating permits” to businesses that wish to open up their doors during the lockdown.

The matter between four applicants, namely, Imraan Ally, Ferrys Fabrics CC, De Put Investments Pty Ltd and Ameers Investments Pty Ltd and four respondents, namely, the Polokwane Local Municipality and its municipal manager as well as the minister of police and the station commander of the Polokwane SAPS, appeared before Judge MG Phatudi on Tuesday.

The court declared matter as being urgent “as envisaged in rule 6 (12) of the rules of the court and that the ordinary process of service and filing dispensed with, and is ordered to occur as set out in the notice of motion”.

The court declared that all businesses and entities within the municipality may commence business in line with lockdown regulations, however, the local municipality is not required to issue “temporary operating permits”.

“It is declared that the provisions of Business Act 71 of 1991 operate as was the case before the lockdown period, in as far their implementation is provided for by the applicable legislation.”

The court prohibited the local municipality from issuing and requiring temporary operating licences in terms of the lockdown regulations.

The station commander of the Polokwane SAPS was ordered to ensure those police officers under his control “do not harass, intimidate or arrest any business owner or employee of a business for not possessing a temporary operating permit”, which the municipality as up to this point, has been issuing.

Polokwane High Court that no “temporary permits” are needed to operate a business…and @SAPoliceService ordered to stop intimidating and harassing store owners. pic.twitter.com/H7dJOHm18l

— Yusuf Abramjee (@Abramjee) May 12, 2020

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