Revival of Fresh Produce Market imminent after contempt ruling
This follows a ruling by the Gauteng High Court, which found the metro in contempt on August 11 for failing to comply with a 2022 court order requiring maintenance and upgrades at the market.
The Mayor, Nasiphi Moya, said that although the challenges at the market stem from decisions made before her administration, the metro is determined to address them.
'The Fresh Produce Market is one of the city's most valuable strategic assets,' she said.
Moya emphasised the metro's respect for the court's decision and its commitment to full compliance, while focusing on sustainable improvements that benefit all market users.
She noted that the Institute of Market Agents of SA (IMASA) is a critical partner and that the metro will reach out to the institute to arrange constructive engagement.
'We want to work constructively with IMASA, market traders, and other stakeholders to address the issues raised and restore the market to its rightful place as a leading agricultural hub,' she said.
The mayor emphasised that the market plays a pivotal role in the city's agricultural and agro-processing sector, as outlined in the Tshwane Economic Revitalisation Strategy (TERS) adopted earlier this year.
'Our vision is to expand trading space, improve operational efficiency, grow market share, and integrate emerging farmers into the formal value chain.'
However, Moya acknowledged that achieving these objectives requires additional resources.
She explained that the metro will present the market as a priority investment opportunity at the Tshwane Investment Summit in September.
'Our objective is to secure the resources and partnerships needed to transform the market,' she said.
Moya underscored the economic potential of the market. She added that by working together with IMASA and other agricultural stakeholders, the metro will ensure the market is positioned as a catalyst for economic growth, job creation, and agricultural development in the city.
The metro's renewed commitment comes after the court order, following a contempt application by IMASA.
According to the court judgment, the municipality had failed to fully comply with a 2022 court order issued by Judge Shereen Meersingh on October 31, 2022.
That order required the metro to submit a precinct plan addressing occupational health and safety, allocate R18-million for implementation, and consult IMASA on all market-related budget processes.
The plans were to cover fire and smoke detection, electrical connectivity, security, lifts and hoists, sanitation, refuse removal, and procurement of evaporator coils. Draft precinct risk assessments and recovery plans were due within 60 days, with a final plan required within 180 days.
Although the original order predates Moya's tenure, she is responsible for ensuring that the municipality complies, including overseeing the implementation of all required plans and allocating the necessary resources to meet the standards outlined in the 2022 order.
Judge Mmonoa Teffo ordered Moya and City Manager Johann Mettler to ensure full compliance within 30 days and warned that a one-month prison sentence, suspended for a year, could be activated if they fail.
The court judgment also revealed that the matter originated in January 2022, when IMASA, representing market traders, approached the High Court, arguing that the metro had failed to provide constitutionally mandated services.
The municipality submitted a draft precinct plan in December 2022, which IMASA rejected as non-compliant due to insufficient detail in the R18-million budget allocation and a lack of supporting documentation.
Despite repeated concerns raised by IMASA, the metro submitted a final precinct plan in April 2023 without addressing the organisation's issues.
In August of that year, the metro claimed in correspondence with IMASA that it had complied with the court's timelines. IMASA was dissatisfied and filed a contempt of court application in December.
The judgment details numerous shortcomings in the municipality's handling of the market.
Both draft and final plans failed to prioritise critical issues outlined in the 2022 court order and lacked supporting evidence for the budget allocations.
Key projects, including electrical connectivity and facility compliance upgrades, were postponed to the 2024/25 financial year.
Several operational failures were also highlighted, including:
– How forklifts purchased for R2-million were unusable due to a lack of qualified drivers,
– Evaporator coils for ripening rooms were never bought,
– Essential generators were missing
– Donated lighting was incorrectly counted toward the R18-million budget.
The ruling further indicated that the metro did not seek clarification when its interpretation of the 2022 order differed from IMASA's understanding.
While the metro argued that most of the R18-million had been spent and that financial constraints prevented completion, the court found no evidence to support these claims and ruled that IMASA's criticisms were valid.
IMASA's application to hold the mayor and city manager personally liable was granted. The judgment now requires Moya and the city manager to submit a draft or final precinct plan, a detailed risk assessment, and a recovery plan for the market.
They are also required to submit affidavits that confirm the completion of all repairs and compliance measures, including fire and smoke detection, electrical connectivity, security, lifts and hoists, sanitation, and refuse removal.
A detailed account of the allocation and expenditure of the R18-million capital and operational budget for 2022 is also required by the court.
ALSO READ: Urban management initiative hits Region 3
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The Citizen
4 hours ago
- The Citizen
Revival of Fresh Produce Market imminent after contempt ruling
The Tshwane metro has vowed to revitalise its Fresh Produce Market, promising major upgrades and improved services for both traders and customers. This follows a ruling by the Gauteng High Court, which found the metro in contempt on August 11 for failing to comply with a 2022 court order requiring maintenance and upgrades at the market. The Mayor, Nasiphi Moya, said that although the challenges at the market stem from decisions made before her administration, the metro is determined to address them. 'The Fresh Produce Market is one of the city's most valuable strategic assets,' she said. Moya emphasised the metro's respect for the court's decision and its commitment to full compliance, while focusing on sustainable improvements that benefit all market users. She noted that the Institute of Market Agents of SA (IMASA) is a critical partner and that the metro will reach out to the institute to arrange constructive engagement. 'We want to work constructively with IMASA, market traders, and other stakeholders to address the issues raised and restore the market to its rightful place as a leading agricultural hub,' she said. The mayor emphasised that the market plays a pivotal role in the city's agricultural and agro-processing sector, as outlined in the Tshwane Economic Revitalisation Strategy (TERS) adopted earlier this year. 'Our vision is to expand trading space, improve operational efficiency, grow market share, and integrate emerging farmers into the formal value chain.' However, Moya acknowledged that achieving these objectives requires additional resources. She explained that the metro will present the market as a priority investment opportunity at the Tshwane Investment Summit in September. 'Our objective is to secure the resources and partnerships needed to transform the market,' she said. Moya underscored the economic potential of the market. She added that by working together with IMASA and other agricultural stakeholders, the metro will ensure the market is positioned as a catalyst for economic growth, job creation, and agricultural development in the city. The metro's renewed commitment comes after the court order, following a contempt application by IMASA. According to the court judgment, the municipality had failed to fully comply with a 2022 court order issued by Judge Shereen Meersingh on October 31, 2022. That order required the metro to submit a precinct plan addressing occupational health and safety, allocate R18-million for implementation, and consult IMASA on all market-related budget processes. The plans were to cover fire and smoke detection, electrical connectivity, security, lifts and hoists, sanitation, refuse removal, and procurement of evaporator coils. Draft precinct risk assessments and recovery plans were due within 60 days, with a final plan required within 180 days. Although the original order predates Moya's tenure, she is responsible for ensuring that the municipality complies, including overseeing the implementation of all required plans and allocating the necessary resources to meet the standards outlined in the 2022 order. Judge Mmonoa Teffo ordered Moya and City Manager Johann Mettler to ensure full compliance within 30 days and warned that a one-month prison sentence, suspended for a year, could be activated if they fail. The court judgment also revealed that the matter originated in January 2022, when IMASA, representing market traders, approached the High Court, arguing that the metro had failed to provide constitutionally mandated services. The municipality submitted a draft precinct plan in December 2022, which IMASA rejected as non-compliant due to insufficient detail in the R18-million budget allocation and a lack of supporting documentation. Despite repeated concerns raised by IMASA, the metro submitted a final precinct plan in April 2023 without addressing the organisation's issues. In August of that year, the metro claimed in correspondence with IMASA that it had complied with the court's timelines. IMASA was dissatisfied and filed a contempt of court application in December. The judgment details numerous shortcomings in the municipality's handling of the market. Both draft and final plans failed to prioritise critical issues outlined in the 2022 court order and lacked supporting evidence for the budget allocations. Key projects, including electrical connectivity and facility compliance upgrades, were postponed to the 2024/25 financial year. Several operational failures were also highlighted, including: – How forklifts purchased for R2-million were unusable due to a lack of qualified drivers, – Evaporator coils for ripening rooms were never bought, – Essential generators were missing – Donated lighting was incorrectly counted toward the R18-million budget. The ruling further indicated that the metro did not seek clarification when its interpretation of the 2022 order differed from IMASA's understanding. While the metro argued that most of the R18-million had been spent and that financial constraints prevented completion, the court found no evidence to support these claims and ruled that IMASA's criticisms were valid. IMASA's application to hold the mayor and city manager personally liable was granted. The judgment now requires Moya and the city manager to submit a draft or final precinct plan, a detailed risk assessment, and a recovery plan for the market. They are also required to submit affidavits that confirm the completion of all repairs and compliance measures, including fire and smoke detection, electrical connectivity, security, lifts and hoists, sanitation, and refuse removal. A detailed account of the allocation and expenditure of the R18-million capital and operational budget for 2022 is also required by the court. ALSO READ: Urban management initiative hits Region 3 Do you have more information about the story? Please send us an email to [email protected] or phone us on 083 625 4114. For free breaking and community news, visit Rekord's websites: Rekord East For more news and interesting articles, like Rekord on Facebook, follow us on Twitter or Instagram or TikTok.
IOL News
4 hours ago
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Tshwane Mayor pledges compliance after court ruling on fresh produce market
City of Tshwane Mayor Nasiphi Moya has committed to revitalising Tshwane's fresh produce market after high court ruling. Image: Oupa Mokoena/Independent Media Tshwane Mayor Nasiphi Moya has pledged to upgrade Tshwane Fresh Produce Market after a Gauteng High Court ruling threatened imprisonment for her and city manager Johann Mettler if they fail to comply with the October 2022 court order, requiring the city to provide essential services to the facility. The court's decision, issued on Monday, stems from the City of Tshwane's non-compliance with an October 2022 order to invest R18 million in the market's maintenance and provide essential services. The aggrieved party, the Institute of Market Agents of South Africa (IMASA) approached the high court in Pretoria seeking an order that the city be found in contempt of the 2022 ruling. Judge Mmonoa Teffo blasted the city for failing to comply with the court order, handing down a suspended 30-day jail sentence to the municipal manager and executive mayor, pending a year without further non-compliance. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading The city was also ordered to submit a comprehensive renovation plan for the market premises within 30 days, which includes the installation and repair of fire and smoke detection devices, electrical connections, facilities, security, lifts, sanitation and refuse removal facility. In her judgment, Judge Teffo highlighted that the city's own timeline for addressing fire and smoke detection compliance issues revealed a significant delay. The city claimed to have appointed a service provider in August 2023, conducted an assessment in October 2023, and planned to issue a purchase order by November 2023. 'I agree with the applicant's submission that by so saying the first respondent admits that it has not implemented this project before June 2023,' Judge Teffo said. In court papers, the city cited financial constraints as the reason for delaying electrical connectivity and facility compliance upgrades, pushing the project to the 2024/2025 financial year or later. The court ruled that the city misallocated funds by using money designated for replacing evaporator coils in ripening rooms to purchase forklifts instead. According to the ruling, the city's expenditure on new public lights was not transparent, as it included unaccounted-for expenses in the R10 million Capex budget, without justification. Reacting to the ruling, Moya said while this matter predates the current administration, it reflects a legacy of challenges that have limited the market's potential as a driver of inclusive economic growth. 'We affirm our respect for the court's decision and our commitment to comply fully with its requirements. In doing so, our approach will be collaborative, with a focus on delivering sustainable improvements that benefit all market users,' she said. She highlighted the importance of working constructively with key stakeholders, including IMASA, market traders, and others, to address the challenges and restore the market's status as a leading agricultural hub. 'To this end, we will be reaching out to IMASA to arrange a constructive engagement in the interest of moving forward together,' she said. Freedom Front Plus councillor in Tshwane Grandi Theunissen welcomed the ruling, saying: 'It is regrettable that the Mayor and City Manager had to be compelled to take action by a court order.'
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