South African Informal Traders Forum and Others v City of Johannesburg and Others; South African National Traders Retail Association v City of Johannesburg and Others (CCT 173/13 ; CCT 174/14) [2014] ZACC 8; 2014 (6) BCLR 726 (CC); 2014 (4) SA 371 (CC) (4 April 2014)

South African Informal Traders Forum and Others v City of Johannesburg and Others; South African National Traders Retail Association v City of Johannesburg and Others (CCT 173/13 ; CCT 174/14) [2014] ZACC 8; 2014 (6) BCLR 726 (CC); 2014 (4) SA 371 (CC) (4 April 2014)

The Constitutional Court found that the applicants were lawfully entitled to trade in the designated stalls and that the City had evicted them without following statutory procedures, causing immediate and irreparable harm to their livelihoods and dignity. The urgency of the matter was manifest, as the traders and their dependants faced destitution and deprivation of basic rights. The Court held that the interests of justice required it to hear the appeal and grant interim relief, as the High Court's refusal to grant interim relief had a final effect and would render any subsequent review nugatory. The City failed to demonstrate any lawful basis for its conduct or any irreversible harm...

Citation
[2014] ZACC 8
Parties
Applicant: South African Informal Traders Forum; Applicant: Ayanda Kela; Applicant: Rosemary Ndebele; Applicant: One Thousand Two Hundred and Eight Further Applicants; Applicant: South African National Traders Retail Association; Respondent: City of Johannesburg; Respondent: Johannesburg Metropolitan Police Department; Respondent: Executive Mayor of the City of Johannesburg; Respondent: City Manager of the City of Johannesburg; Respondent: Chief of the Johannesburg Metropolitan Police Department; Respondent: Central Johannesburg Partnership
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
4 April 2014
Case Number
CCT 173/13 ; CCT 174/14
Procedural Posture
Urgent Application / Leave to Appeal and Interim Relief Before Constitutional Court
Outcome
Appeal upheld; interim relief granted to applicants.
Judges
Moseneke, Skweyiya, Cameron, Dambuza, Froneman, Jafta, Madlanga, Mhlantla, Nkabinde, Zondo
Legal Topics
Interim Interdict, Unlawful Eviction, Right to Dignity, Businesses Act Compliance, Urgent Application, Appealability of Interim Orders
Constitutional Law Administrative Law Civil Procedure Interim Interdict Unlawful Eviction Right to Dignity Businesses Act Compliance Urgent Application +1 more

Case Brief

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Parties

South African Informal Traders Forum

Applicant

Ayanda Kela

Applicant

Rosemary Ndebele

Applicant

One Thousand Two Hundred and Eight Further Applicants

Applicant

South African National Traders Retail Association

Applicant

City of Johannesburg

Respondent

Johannesburg Metropolitan Police Department

Respondent

Executive Mayor of the City of Johannesburg

Respondent

City Manager of the City of Johannesburg

Respondent

Chief of the Johannesburg Metropolitan Police Department

Respondent

Central Johannesburg Partnership

Respondent

Procedural Posture

Urgent Application / Leave to Appeal and Interim Relief Before Constitutional Court

Legal Issues

  1. 1 Whether the Constitutional Court should hear an urgent appeal against an interlocutory order refusing interim relief.
  2. 2 Whether interim relief should be granted to allow verified informal traders to return to their trading stalls pending review.
  3. 3 Whether the matter was sufficiently urgent to justify direct access and interim relief.

Ratio Decidendi

The Constitutional Court found that the applicants were lawfully entitled to trade in the designated stalls and that the City had evicted them without following statutory procedures, causing immediate and irreparable harm to their livelihoods and dignity. The urgency of the matter was manifest, as the traders and their dependants faced destitution and deprivation of basic rights. The Court held that the interests of justice required it to hear the appeal and grant interim relief, as the High Court's refusal to grant interim relief had a final effect and would render any subsequent review nugatory. The City failed to demonstrate any lawful basis for its conduct or any irreversible harm...

Court Disposition

Appeal upheld; interim relief granted to applicants.

Orders

  • Leave to appeal directly to the Constitutional Court on an urgent basis is granted.
  • The appeal is upheld.