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Municipality ordered to back off

The KwaZulu-Natal High Court, Durban, on Tuesday, 16 June 2009, ordered the eThekwini municipality to stay away from the Early Morning Market in the Durban city centre until it strikes an agreement with the traders there.

The municipality has to resolve with stall holders where the city's oldest market — a landmark and tourist destination — should be moved to. The move is necessary because the council has approved the construction of the R350-million Warwick Junction Mall on the site of the market.

The interim order came after clashes between Durban metro police and traders on Monday. The police had been ordered to allow only licensed traders to enter the market.

Traders protested and accused the municipality of being in contempt of court for violating an order permitting all traders into the market.

Five people were seriously injured when police fired rubber bullets.

The clashes continued Tuesday morning when police began breaking down stalls.

Harry Ramlall, chairman of the Early Morning Market Association, told The Times that the traders were forced to make another urgent application for a court order — this one to prohibit the metro from taking action until a decision on the market's relocation had been reached.

About 800 traders belong to the association. One of their grievances is that the municipality approved the construction of the mall without consulting them.

The traders have occupied the site for decades.

The metro and traders have seven days to settle, failing which the dispute will have to be argued in court.

Source: The Times

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