REPUBLIC OF SOUTH AFRICA
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IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 2120/2022
(1) REPORTABLE: NO
(2) OF INTEREST TO OTHER JUDGES: NO
(3) REVISED.
Mogbeas. —.
DATE SIGWATURE
In the matter between:
INSTITUTE OF MARKET AGENTS OF SOUTH AFRICA Applicant
and
CITY OF TSHWANE METROPOLITAN MUNICIPALITY First Respondent
MINISTER OF PUBLIC WORKS AND
INFRASTRUCTURE Second Respondent
MINISTER OF PROVINCIAL AND LOCAL
GOVERNMENT Third Respondent
MINISTER OF LABOUR AND EMPLOYMENT Fourth Respondent
MINISTER OF HEALTH AND FAMILY WELFARE Fifth Respondent
NATIONAL TREASURY/MINISTER OF FINANCE Sixth Respondent
MINISTER OF JUSTICE AND CONSTITUTIONAL
DEVELOPMENT Seventh Respondent
MUNICIPAL MANAGER: CITY OF TSHWANE
METROPOLITAN MUNICIPALITY Eighth Respondent
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EXECUTIVE MAYOR: CITY OF TSHWANE
METROPOLITAN MUNICIPALITY Ninth Respondent
JUDGMENT
This judgment was handed down electronically by circulation to the parties’ legal
representatives by email and uploading it to the electronic file of this matter on Caselines.
The date and time of hand-down is deemed to be 10:00 on 11 August 2025.
TEFFO, J:
Introduction
(1] The applicant seeks an order that the first respondent be found in
contempt of court in that it has failed to comply with an order that was granted
by this Court on 31 October 2022 (“the previous court order’).
[2] It also seeks an order that the Municipal Manager and the Executive
Mayor of the first respondent be joined in these proceedings as the eighth and
ninth respondents respectively.
[3] In addition, the applicant seeks an order that the Municipal Manager
and the Executive Mayor of the first respondent be imprisoned for a period of
one month, alternatively, that this court impose upon them such sentence
and/or punitive fine as it considers appropriate.
[4] Furthermore, an order is sought that the imprisonment and/or
committal and/or alternative sentence and/or fine be suspended for a period
of one (1) year on condition that the first respondent and/or its Municipal
Manager and/or its Executive Mayor comply with the previous order within a
period of ten (10) court days from the date of this order.
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[5] The applicant further seeks ancillary relief as set out in the notice of
motion.
[6] The application is only opposed by the first respondent.
The parties
[7] The applicant is the Institute of Market Agents of South Africa
(“IMASA’). It is the spokesperson for market agents in South Africa. It is a
non-profit organisation whose membership is a voluntary association. Its
membership comprises market agencies and individual market agents. The
applicant represents various members in various organisations such as the
Agricultural Produce Agents’ Council, the Fresh Produce Sector, the
Department of Agriculture, Forestry and Fisheries as well as all official bodies
and organised agricultural organisations.
[8] The first respondent is the City of Tshwane Metropolitan Municipality.
The second to the seventh respondents are Ministers who have been cited in
their official capacities. No relief is sought against them. They have been cited
as interested parties only.
Factual background
[9] On 17 January 2022 the applicant instituted an application for a
declaratory order that the first respondent is responsible to provide and
facilitate municipal services in terms of Section 1 of the Local Government,
Municipal Systems Act, 32 of 2000 (“the Act’), at the Tshwane Fresh Produce
Market (“the Market’) (“the main application’).