informal trade - eviction - Mogwase

SERI represents 30 market traders trading near the Mogwase Shopping Complex in Mogwase, North West in a case brought against them by Transet. 

Transnet approached the High Court in Mafikeng seeking an order to evict the market traders alleging that they are trading on land currently owned by the Republic of South Africa which will soon be transferred and registered in its name. In anticipation of this transfer, Transnet alleges that the traders are trading on their property. The property is located close to a railway line which Transnet argues is a safety risk for the traders. Transnet further states that they have engaged with the Municipality in order to resolve the situation but the Municipality has not been responsive.

SERI filed the answering affidavit on behalf of the 30 market traders on 2 February 2018. SERI argued that the property where the market traders trade does not belong to Transnet. It was submitted that Transnet as an organ of state is bound to respect, protect, promote and fulfil the right to dignity and the right to trade of the market traders. Finally, SERI argued that the market traders have been trading on the property since 2000 despite Transnet alleging that it first became aware of the market traders in 2015.

  • Applicant's notice of motion and founding affidavit (23 October 2017) here
  • Respondents Answering affidavit (02 March 2018) here