The traders took the City of Cape Town to court demanding to resume business after being told flea markets were among the places closed to the public.
The City of Cape Town said in a statement that it welcomes the agreement granted in a court order on 29 May, which has brought the clarity needed from National Government to allow the Grand Parade traders to operate during lockdown.
"The past few weeks have been a challenging time for all, especially economically, and we are pleased to know the Grand Parade traders will be able to operate going forward. Leading up to this agreement, the City was enforcing the National Regulations, which stated that flea markets were not allowed to operate under Level 4," said the City.
The Legal Resources Centre then engaged with the City on behalf of the traders. The City, as well as the Minister of Small Business Development, the Minister of Cooperative Governance and Traditional Affairs and The Minister of Police were respondents in the matter.
The following court order was granted:
‘By agreement between the Applicants and the First, Second and Third Respondents, it is ordered that:
1. The Applicants and the First, Second and Third Respondents record that the operation of informal trading business by members affiliated to the Applicant associations on the Grand Parade, Cape Town, does not constitute a flea market in terms of Regulation 24(2)(b) of the Regulations promulgated in terms of section 27(2) of the Disaster Management Act 57 of 2002, as published on 29 April 2020.
2. There is no costs order.’
"Now that the court order has been granted, we will be engaging with the trader associations for the Grand Parade on the way forward to ensure that the traders are able to earn a living during these tough economic times. We will also advise on the Covid-19 trading protocols that will need to be implemented," the City said.
Since the beginning of lockdown, the City has issued over 9,000 permits to informal traders, in line with National Regulations.
