After years of neglect, the Tshwane Fresh Produce Market must be fixed within a month, or the city’s top officials could end up behind bars.
The High Court in Pretoria has handed down a ruling to force the City of Tshwane’s mayor and manager to implement upgrades to the Tshwane Fresh Produce Market, as agreed upon in 2022, or face jail time.
On Monday, the high court gave the city 30 days to comply with the ruling or mayor Nasiphi Moya and manager Johann Mettler could receive a one-month prison sentence, suspended for a year.
This is after the city was found guilty of contempt of court for failing to fix the Tshwane Fresh Produce Market, despite having an R18 million budget.
The court case
Institute of Market Agents of South Africa chair Gjalt Hooghiemstra welcomed the ruling as the applicant for the declaratory order in January 2022, stating that the first respondent is responsible for providing and facilitating municipal services in terms of Section 1 of the Local Government, Municipal Systems Act, 32 of 2000.
In October 2022, Judge AJ Meersingh ordered the city to submit a precinct draft plan within 60 days and a final plan within 180 days of the order.
This included the implementation of the contents of the approved precinct plan in respect of fire and smoke detection compliance, electrical connectivity and facility compliance, security and checkpoint management, lift and hoist facility compliance, repairs to all sanitation facilities and refuse removal facility compliance.
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It had to be done within 60 days of the date from the city’s allocated budget of R18 million for that year.
Legal consequences for non-compliance
Legal expert Dr Llewelyn Curlewis said the mayor could actually go to jail.
“As the leader of the city, she is, at the end of the day, the responsible party. “Just as a company’s directors, in terms of Article 334 of the Criminal Procedure Code, are responsible for the actions and omissions of the company, so the mayor and the city clerk are responsible for the actions and omissions of the city council.
“But the court is not going to arrest the mayor tomorrow and throw her in jail if it has not yet given the mayor a reasonable time to ensure that the court order is implemented,” he added.
Curlewis said the current mayor could go to jail even if the verdict was made when another mayor was in power.
City’s response to the judgment
Curlewis recommended that the mayor work on the court order immediately.
City spokesperson Lindela Mashigo said the city was analysing the court judgment in detail to fully understand its implications.
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“This involves consulting with legal experts, assessing the potential impact on municipal operations and services and determining a course of action.
“The city remains committed to acting in compliance with the law and will communicate any further steps or decisions once the review is complete,” he said.
Political background and governance issues
The former Tshwane mayor, DA Tshwane caucus leader Cilliers Brink, who was mayor when the events unfolded, said the governance support officer was forced to resign by the ANC coalition in January and the Tshwane Economic Development Agency (Teda) mandate over the market, and much else besides, was terminated.
“Ashraf Adam was assigned to negotiate with the market agents during 2024, which he did. Those negotiations were going well.
“The Teda was also mandated to play a supervisory role at the market, since it was clear the management there was delinquent,” he said.
Brink said it was clear that the situation had been neglected by the city’s political leadership.
“It is also clear that the MMC for economic development, Sarah Mabotsa, has not been of any assistance to the mayor in managing this situation,” he said.
Southern Africa Agricultural Initiative CEO Francois Rossouw welcomed the judgment against the city and said it should be seen as a clear warning to other municipalities managing fresh produce markets to take the management, maintenance and expansion of these markets seriously.
