Revival of Fresh Produce Market imminent after contempt ruling
After being found in contempt for failing to comply with a 2022 order, the metro plans major investments to revive its Fresh Produce Market.
The Tshwane metro has vowed to revitalise its Fresh Produce Market, promising major upgrades and improved services for both traders and customers.
This follows a ruling by the Gauteng High Court, which found the metro in contempt on August 11 for failing to comply with a 2022 court order requiring maintenance and upgrades at the market.
The Mayor, Nasiphi Moya, said that although the challenges at the market stem from decisions made before her administration, the metro is determined to address them.
“The Fresh Produce Market is one of the city’s most valuable strategic assets,” she said.
Moya emphasised the metro’s respect for the court’s decision and its commitment to full compliance, while focusing on sustainable improvements that benefit all market users.
She noted that the Institute of Market Agents of SA (IMASA) is a critical partner and that the metro will reach out to the institute to arrange constructive engagement.
“We want to work constructively with IMASA, market traders, and other stakeholders to address the issues raised and restore the market to its rightful place as a leading agricultural hub,” she said.
The mayor emphasised that the market plays a pivotal role in the city’s agricultural and agro-processing sector, as outlined in the Tshwane Economic Revitalisation Strategy (TERS) adopted earlier this year.
“Our vision is to expand trading space, improve operational efficiency, grow market share, and integrate emerging farmers into the formal value chain.”
However, Moya acknowledged that achieving these objectives requires additional resources.
She explained that the metro will present the market as a priority investment opportunity at the Tshwane Investment Summit in September.
“Our objective is to secure the resources and partnerships needed to transform the market,” she said.
Moya underscored the economic potential of the market. She added that by working together with IMASA and other agricultural stakeholders, the metro will ensure the market is positioned as a catalyst for economic growth, job creation, and agricultural development in the city.
The metro’s renewed commitment comes after the court order, following a contempt application by IMASA.
According to the court judgment, the municipality had failed to fully comply with a 2022 court order issued by Judge Shereen Meersingh on October 31, 2022.
That order required the metro to submit a precinct plan addressing occupational health and safety, allocate R18-million for implementation, and consult IMASA on all market-related budget processes.
The plans were to cover fire and smoke detection, electrical connectivity, security, lifts and hoists, sanitation, refuse removal, and procurement of evaporator coils. Draft precinct risk assessments and recovery plans were due within 60 days, with a final plan required within 180 days.
Although the original order predates Moya’s tenure, she is responsible for ensuring that the municipality complies, including overseeing the implementation of all required plans and allocating the necessary resources to meet the standards outlined in the 2022 order.
Judge Mmonoa Teffo ordered Moya and City Manager Johann Mettler to ensure full compliance within 30 days and warned that a one-month prison sentence, suspended for a year, could be activated if they fail.
The court judgment also revealed that the matter originated in January 2022, when IMASA, representing market traders, approached the High Court, arguing that the metro had failed to provide constitutionally mandated services.
The municipality submitted a draft precinct plan in December 2022, which IMASA rejected as non-compliant due to insufficient detail in the R18-million budget allocation and a lack of supporting documentation.
Despite repeated concerns raised by IMASA, the metro submitted a final precinct plan in April 2023 without addressing the organisation’s issues.
In August of that year, the metro claimed in correspondence with IMASA that it had complied with the court’s timelines. IMASA was dissatisfied and filed a contempt of court application in December.
The judgment details numerous shortcomings in the municipality’s handling of the market.
Both draft and final plans failed to prioritise critical issues outlined in the 2022 court order and lacked supporting evidence for the budget allocations.
Key projects, including electrical connectivity and facility compliance upgrades, were postponed to the 2024/25 financial year.
Several operational failures were also highlighted, including:
– How forklifts purchased for R2-million were unusable due to a lack of qualified drivers,
– Evaporator coils for ripening rooms were never bought,
– Essential generators were missing
– Donated lighting was incorrectly counted toward the R18-million budget.
The ruling further indicated that the metro did not seek clarification when its interpretation of the 2022 order differed from IMASA’s understanding.
While the metro argued that most of the R18-million had been spent and that financial constraints prevented completion, the court found no evidence to support these claims and ruled that IMASA’s criticisms were valid.
IMASA’s application to hold the mayor and city manager personally liable was granted. The judgment now requires Moya and the city manager to submit a draft or final precinct plan, a detailed risk assessment, and a recovery plan for the market.
They are also required to submit affidavits that confirm the completion of all repairs and compliance measures, including fire and smoke detection, electrical connectivity, security, lifts and hoists, sanitation, and refuse removal.
A detailed account of the allocation and expenditure of the R18-million capital and operational budget for 2022 is also required by the court.
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