CoJ & SERI in court over metro’s removal of informal traders in parts of Joburg

The City of Johannesburg (CoJ) and the Socio-Economic Rights Institute (SERI) are facing off in court following a recent operation by the metro to remove informal traders from parts of the inner city.

The legal challenge, brought by SERI on behalf of the affected traders, seeks to interdict the City from continuing its "Operation Clean-Up" style removals, particularly in high-traffic areas of the CBD, including De Villiers Street.

At the heart of the dispute are two conflicting views of the inner city's future.

SERI argues that the City's actions are unlawful and a violation of the traders' constitutional right to earn a livelihood. The institute contends that the metro failed to follow proper legal processes, allegedly removing traders and confiscating their goods without adequate notice or offering viable alternative trading locations.

The City of Johannesburg, however, has vigorously defended its actions.

City officials maintain they are lawfully enforcing established municipal by-laws. They argue the operations are a necessary response to widespread non-compliance, which has led to public street obstructions, grime, and an increase in opportunistic crime, making parts of the CBD unsafe and unusable for pedestrians and formal businesses.

According to the City, the enforcement is aimed at restoring public order and ensuring that all trading—both formal and informal—operates within the bounds of the law.

The case is expected to test the balance between the City's mandate to enforce its by-laws and the socio-economic rights of informal traders. The court's decision could have significant implications for how the metro manages public spaces and informal trade across Johannesburg.