Marabastad Market wins reprieve as stakeholders seek amicable solution

Marabastad Market, a historic symbol of resistance, will remain open after a court ruling paused the city’s shutdown plans.


A court order suspending the city’s closure of Marabastad Market is a reprieve and a conciliatory step, the South African Union Council of Independent Churches (SAUCIC) says.

SAUCIC national spokesperson Cardinal Archbishop Modiri Patrick Shole welcomed the High Court in Pretoria’s recent order, saying that it allows parties involved in the legal dispute to find amicable and mutually beneficial solutions to address the current impasse.

Historic importance of Marabastad

“Marabastad occupies a special place in the history of resistance against forced removals.

“It survived the repressive apartheid regime’s concerted effort to destroy the livelihoods of historically marginalised communities that constituted the multicultural settlement,” Shole said.

It would have been a travesty of justice to see the closure of such a viable economic hub that also supports traders from neighbouring townships, he said.

“The training of 49 food handlers by the City of Tshwane and the issuing of zoning rights which allow them to operate their businesses at the Tshwane Fresh Produce Market demonstrated the municipality’s commitment to formalise trading and enterprise development,” he said.

“The historic bonds as well as the shared struggles of the Indian, coloured and African communities, including their cultural and religious diversity, must not be lost as catalysts of unity, nation building, social cohesion, urban renewal and integrated development.”

Backlash

DA Tshwane caucus leader Cilliers Brink criticised mayor Nasiphi Moya for bragging about shutting down the Marabastad Market.

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“Moya didn’t have any facts and tried to create the impression this was part of enforcing law and order,” he said.

Brink said the fact that the market reopened the following day was because the mayor was on the wrong side of law and order.

‘The market will continue operating’

DA Tshwane spokesperson for economic development Pogiso Mthimunye confirmed that the Marabastad Market was open and operating as usual.

“All vendors put in permit applications to the city’s economic development and spatial planning department on Wednesday.

“The market will continue operating as the vendors have applied within the time stipulated,” he added.

Mthimunye said the DA will continue to support legal trading and assist vendors to comply, rather than closing them down.

Court ruling

In the meanwhile, City of Tshwane spokesperson Selby Bokaba welcomed a ruling by the High Court in Pretoria on an application by two companies that were trading in Marabastad.

The two instituted urgent court proceedings seeking relief for what they alleged was the city’s unlawful dispossession of their possession of properties in Bloed Street, Marabastad.

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Bokaba said the two traders had approached the high court alleging that the City of Tshwane forcibly evicted and unlawfully deprived them of access to, and control of, the properties.

“The application was dismissed with each party ordered to pay for their costs.

“The judge was of the view that the city’s version that it did not evict the occupants and that the occupants voluntarily vacated the premises should prevail.

“The judge also took into consideration the fact that once the electricity and water supply were disconnected, the applicants or occupants no longer found the premises favourable to occupy,” he added.

“The applicants filed the papers after the city’s officials conducted inspections of the properties and discovered serious violations. These included significant arrears exceeding R6 million, as well as unauthorised electricity connections.

“This justified the disconnection of the municipal electricity supply to the premises,” he said.

Plans for Pretoria West

MMC for corporate and shared services Kholofelo Morodi said the city had big plans for Pretoria West after Moya and her team visited and inspected prime land parcels along Kgosi Mampuru, Bloed and Boom streets in the heart of the CBD last Wednesday.

“Back in 2015, Tshwane’s council had a bold vision to redevelop these city-owned properties into a thriving economic hub, but those plans were left on the shelf,” Morodi said.

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