Marabastad traders’ accreditation causes political rifts

The Marabastad Retail Market has come under scrutiny in recent weeks following its closure last month during a by-law operation.

This led to the closure of the market due to the tenant on the property violating the terms of the lease agreement and dozens of traders operating without permits.
The operation was led by Mayor Nasiphi Moya.

The market has since been reopened, after the move to close it in the first place was met with mixed reactions.

While some applauded the city’s efforts, others suggested the move was rash, uncalled for and detrimental to the traders.

Former mayor and DA caucus leader, Cilliers Brink, had criticised Moya for the targeted attack against the market, which he says serves to house formalised small traders.

“The Marabastad market has existed for decades. It has legal tenants. It helps South African entrepreneurs make a living. Same with pop-up markets across the city. We fight the metro’s hard-handed tactics against formalised traders. Some of the actions seem designed for the mayor’s social media profiles. [That’s] no way to govern a city,” Brink said.

Brink alleged that traders operating just outside the building were left alone, that Moya didn’t have any real facts and tried to create the impression that the move was part of enforcing law and order.

MMC for Economic Development and Spatial Planning Sarah Mabotsa, recently hit back at Brink’s assertions and others regarding the work being done in Marabastad.

Mabotsa said the allegations are totally false and serve to undermine law enforcement.

“Like many Tshwane residents, I have wonderful childhood memories of visiting the Marabastad District. I spoke about my memories of this market and my desire to see this area of our inner city restored to its former glory days at the recent Tshwane Tourism Association’s annual awards. We want our city to be clean, safe and welcoming to all residents and visitors. To revitalise the inner city – and the metro at large – a culture of improved services, compliance and law enforcement is necessary,” Mabotsa said.

The MMC insisted that Marabastad Retail Market is owned by the city, and that traders need to obtain leases to trade at the facility, which are required by law. They must also obtain the necessary licences and compliance approvals relevant to their specific business operations.

“At the time of the enforcement action last month, traders did not have the necessary licences and compliance certificates. The city administration is working with the traders through providing free workshops and assisting with applications to enable compliant traders to obtain the necessary approvals and certificates to enable legal trading,” she said.

“The suggestions being circulated by resident groups that occupancy (ownership or by a lease in the case of the Marabastad traders) means permission to undertake any business activities without the necessary licences or authorisations are untrue and serve to undermine the law and the order of the High Court,” Mabotsa said.

She referenced the High Court’s decision following the temporary closure of the market.

Judge Elmarie van der Schyff ordered all traders and occupants of the Marabastad market to submit all required applications to the metro to ensure compliance ‘with any required legislation, by-laws, regulations and policies which govern the City of Tshwane’.

Van der Schyff added that, “if they do not submit their applications, or their applications are not approved, the traders will not be allowed to trade and remain in occupation of the premises”.

Mabotsa said the High Court judgment is clear and all businesses must comply with the law, and that compliance operations and investigations of illegal business activities are taking place across the entire metro.

In July, a report was tabled to Council, detailing the more than 700 properties which represent a literal ‘A to Z’ of the suburbs – from Arcadia to Zwavelpoort, where metro teams have investigated and confirmed illegal land uses.

The 713 properties are where property owners did not rectify their illegal actions and have now had penalty rates, in terms of the non-permitted land use, implemented on their properties.

Mabotsa appealed to councillors not to engage in disinformation that can harm the city and communities.

Councillors were also reminded that in terms of the Councillor’s Code of Conduct:

– Section 12 prohibits councillors from interfering in the administration, and specifically from (Section 12 c) obstructing or attempting to obstruct the implementation of council decisions, including the implementation of approved by-laws of the City of Tshwane, or (Section 12 d) encouraging or participating in any conduct which would cause or contribute to maladministration.

– Where breaches of the Code of Conduct are suspected to have occurred, the Speaker of Council is required to investigate and report back to the public and the MEC on the outcome of the investigation. Such breaches may result in a councillor being removed from office.

Residents who wish to report allegations of illegal land use activities are requested to email landusecontraventions@tshwane.gov.za with the following information:

– The street address or stand number of the alleged contravening property.

– The suburb where the property is located.

– A short description of the contravention.

Land use contraventions may be reported anonymously.

“Tshwane means ‘we are the same’ and, like our national Constitution in the democratic era, our by-laws are also enforced equally, in all areas of the city. Thank you to our many businesses and traders who are working with us to comply with the law and keep our residents safe,” Mabotsa said.

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