South Gauteng High Court Orders City of Joburg to Speed Up Verification of Informal Traders Amid Rights Dispute
Johannesburg, Gauteng – The South Gauteng High Court has ordered the City of Johannesburg to accelerate the process of verifying and registering informal traders, following a legal challenge over their removal from public spaces. The ruling by Judge Brad Wanless comes after the Socio-Economic Rights Institute (SERI) took the metro to court, arguing that traders were treated unfairly and their rights to trade and earn a living were violated. The court has mandated that the verification begin on 4 November 2025 and be completed by no later than 18 November 2025, aiming to resolve ongoing tensions between enforcement of by-laws and traders’ livelihoods.
This decision highlights the ongoing struggle for informal traders in Johannesburg, who play a key role in the local economy but often face evictions from areas deemed illegal or outside designated zones. The case stems from the city’s Operation Buya Mthetho, which targeted unauthorised trading and led to widespread removals in the CBD and other areas.
The Legal Battle and Key Arguments
SERI launched the urgent application on behalf of affected traders, claiming the city’s actions breached constitutional rights to dignity and economic activity. During proceedings, SERI argued that evictions were carried out without proper notice or alternatives, leaving many without income. “The traders were treated unfairly and that their rights to trade and earn a living had been violated,” as highlighted in court submissions.
The city defended its stance, stating it must enforce by-laws to maintain order and safety in public spaces. However, Judge Wanless ruled that while the metro is required to uphold regulations, it must also ensure fair processes for traders. “The city of Johannesburg is to conduct and expedite the verification, registration and re-registration and allocation [of stands]. The process shall commence on the 4th of November 2025 and shall be completed by no later than the 18th of November,” the judge ordered.
This timeline allows for public participation in future decisions, addressing SERI’s concerns about lack of consultation. The ruling builds on a 2013 Constitutional Court order affirming traders’ rights to operate in designated areas, reinforcing that municipalities cannot arbitrarily displace them.
Impact on Informal Traders and Johannesburg’s Economy
Informal trading is a lifeline for thousands in Johannesburg, contributing billions to the local economy through street vending, food stalls, and small businesses. However, clashes with city regulations have led to repeated evictions, sparking protests and legal battles. Traders in areas like the CBD have reported losing livelihoods, with some saying: “My children will starve” amid the crackdowns.
The court’s order could provide relief by fast-tracking registrations, allowing verified traders to return to stands or get new allocations. It also halts further unfair removals, giving breathing room to those affected by Operation Buya Mthetho. City officials have stood by the clean-up efforts, but the ruling forces a balance between law enforcement and economic inclusion.
Broader Challenges in Urban Housing and Trading
The case ties into wider issues, such as traders occupying or operating near state housing, which the city views as illegal. Johannesburg has faced backlash for evicting people from public properties, with advocacy groups like SERI stepping in to protect vulnerable groups. The metro’s refusal to discuss the matter in council meetings has been called a “dereliction of duty,” insulting residents who demand transparent governance.
With the verification deadline looming, the city must now mobilise resources to process applications fairly. This includes checking eligibility, allocating stands, and ensuring compliance with by-laws. Failure to meet the 18 November cutoff could lead to further court action.
Looking Ahead: Calls for Sustainable Solutions
Advocates hope this ruling sparks long-term changes, like more designated trading zones and support for small businesses. The city has pledged to continue enforcing rules but must now prioritise traders’ rights. As Johannesburg grapples with urban growth and inequality, balancing order with opportunity remains key.
Traders and residents await the verification outcomes, hoping for a fairer system that lets them earn without fear of sudden removals. For now, the court’s intervention offers a glimmer of hope in the fight for dignified livelihoods in South Africa’s economic hub.
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