Pretoria - The R1.3 billion Tshwane Regional Mall in Mamelodi may long be up and running, but the Denneboom informal traders who sold their goods for decades at this location, and had to make way for the development, are not done fighting it.
They have received the go-ahead from the Supreme Court of Appeal (SCA) in Bloemfontein to proceed with an application to, among others, hold former City of Tshwane mayor Solly Msimanga and former City manager Moeketsi Mosola, personally and in their former official capacities in contempt of an earlier court order.
Isibonelo Property Service, the property development company, and several other parties involved in developing the mall, will also have to explain to the Gauteng High Court, Pretoria, whether they were involved in any way in the demolition of the structures used at the time by the traders.
In 2017, when construction started, a judge ordered that neither the City nor the developers could demolish the structures without providing a suitable place for the relocation of traders within the Denneboom Station hub.
Despite this, in September 2017, informal trading facilities at the property were demolished. There is a dispute as to who was responsible for this action, with the traders blaming the City and Isibonelo.
They said Isibonelo equipment and some of its staff actively participated in the demolition in full view of City of Tshwane police officers and Mamelodi West SAPS officers, who did nothing to protect them, their facilities or stock. In addition, they say that building materials were then looted by the community.
They launched an application to hold Isibonelo and the City in contempt of court and want chief executive Shadrack Mthethwa, Msimanga and Mosola personally to be held liable for the destruction of their stalls and loss they had suffered.
They are also demanding R5 000 for new stock.
The three have objected to being cited in their personal capacities as they argued before the high court that they, personally, had nothing to do with structures which were demolished.
The court at the time upheld their objections and ruled that it was the end of the matter.
The result was that the traders also could not continue with their contempt proceedings and financial claim.
They subsequently turned to the SCA, where Judge JA Zondi said the high court was wrong in dismissing the entire case, as the focus should have been on whether the mayor, city manager and chief executive, in a matter of law, could be held in contempt either in their representative or personal capacities.
He said while many of these issues may now only be symbolic as there has been a change in the political leadership of the City, the vendors should have their day in court.
Louise du Plessis of Lawyers for Human Rights, which assists the vendors, said the case is expected to be back in the high court next year.
Pretoria News