The South African Informal Traders Forum (SAITF) and over 1 200 informal traders have applied to the Constitutional Court for leave to appeal the South Gauteng High Court order handed down on 27 November, which struck the traders’ case from the roll.
SAITF wants the matter dealt with urgently and for the Constitutional Court to place the traders – who have always traded lawfully – in a position to continue with their lawful business activities, pending the determination of the appeal (either to the Constitutional Court or to a Full Bench of the High Court). This trading would occur in line with the City of Johannesburg’s Informal Trading By-Laws at the locations the traders occupied immediately before their removal in terms of Operation Clean Sweep.
On 2 December, the Constitutional Court issued directions to the City and the other respondents, directing them to file an opposing affidavit on or before 3 December if they wish to oppose the urgent application for interim relief. According to the Chief Justice, the opposing affidavit must set out why the interim relief sought by the traders in terms of Part A of the High Court application should not be granted pending the determination of Part B. On 4 December 2013 the City filed its notice to oppose and asnwering affidavit.