The Cape High Court late on Friday dismissed an urgent application to stop the City of Cape Town from evicting flea-market traders who do business on Greenmarket Square without a permit.
Law-enforcement officers were poised for an early morning swoop on illegal traders on the square on Saturday.
The application was launched before Judge Roger Cleaver by the chairperson of the Committee of Traders of Greenmarket Square (CTG), Mohamed Ibnouf, who feared that those evicted on Saturday for trading without a permit would not be allowed to return.
His greatest concern was the disruption of their business ”at this crucial part of the year”.
His attorney, Brian Lutznow, said the application was dismissed on procedural grounds, and not on the legal issue.
He said the legal issue was his contention that the City of Cape Town had no right to issue the trade permits in question in the first instance.
He added: ”I am convinced that I am right about this, but this was side-stepped.”
In dismissing the application, Judge Cleaver said it had been brought too hastily.
However, the city had meanwhile undertaken to give traders without a permit time from 7am to 3pm on Saturday to obtain one, he said.
The city had undertaken to readily grant permits to traders who were able to pay the R400 fee, and could prove that they had been traders on the square. — Sapa