Latest news with #IMASA
The Citizen
3 days ago
- Business
- 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.
Eyewitness News
4 days ago
- Business
- Eyewitness News
Tshwane mayor, city manager could face jail time if they fail to provide services at Tshwane Fresh Produce Market
JOHANNESBURG - The mayor and city manager of the Tshwane Municipality could face one month in prison, should they fail to comply with a court judgment ordering the capital to provide services at the Tshwane Fresh Produce Market. On Sunday, the Gauteng High Court handed down an order finding the Tshwane Municipality guilty of contempt of court. The ruling found the city had failed to comply with a court order handed down on 31 October 2022 relating to the city's responsibility to maintain and upgrade the market. In her ruling, Judge Mmonoa Teffo ordered the mayor and city manager to be imprisoned for one month, suspended for one year on condition they ensured the municipality complied with the October 2022 order within 30 days of the latest judgment. The current mayor, Nasiphi Moya, was not in the position on the day of the order; it was Randall Williams from the Democratic Alliance (DA). Meanwhile, the current city manager, Johan Mettler, was only hired in September 2022, a few days before the court order was granted. In January 2022, the Institute of Market Agents of South Africa (IMASA) brought an application against the Tshwane Municipality for failing to provide services in the fresh produce market, as it was constitutionally mandated to. The municipality also accepted its shortcomings. As a result, in October 2022, a consent order was granted by the Gauteng High Court. Both parties said that the municipality would use its R18 million budget for the 2022/2023 financial year allocated to the market to address the challenges raised. The municipality was ordered to submit a draft precinct risk assessment and recovery plan within 60 days and the final version of it within 180 days. The plans should detail the municipality's strategy in making the market fire and smoke detection compliant, ensuring their electricity connectivity, security and checkpoint management. The municipality plan also included the purchases of evaporator coils, ensuring lift and hoist facility compliance, repairing all damaged sanitation facilities and conducting refuse removal. The municipality was also ordered to consult IMASA with all budget processes related to the Tshwane fresh produce market. In court papers, the municipality submitted its draft precinct plan on 30 December 2022. However, IMASA wrote back to the municipality, saying the draft was non-compliant with the court order. IMASA said the municipality did not provide details and projections of how R18 million budget would be used. The municipality also did not provide supporting documents for IMASA has to compare or verify the information contained in its precinct plan. While still discussing the alleged non-compliance of the draft plan, on 28 April 2023, the Tshwane Municipality sent a final precinct plan to IMASA, without addressing the concerns raised. On 10 August 2023, the municipality wrote to IMASA, stating it had complied with the timeframes set out by the court. Aggrieved by this, IMASA subsequently instituted this contempt of court case against the municipality in December 2023. "The contents of the plans do not prioritise the problems that need to be attended to in terms of the previous order," said IMASA in its court papers. In its responding affidavit, the municipality said IMASA was seeking information beyond what was set out in the court order. The municipality also maintained it utilised a majority of R18 million budget. However, Judge Teffo found that the city could not provide sufficient details on how it spent the money. The municipality said IMASA was misguided in thinking the court order allowed it "micromanage" the implementation of the precinct plan. The municipality acknowledged that it had differing views on interpretation of the October 2022 court order with IMASA. Judge Teffo wrapped the city over the knuckles for acknowledging it had differing views with IMASA on the interpretation of the October 2022 court order; however, it did not take initiative to seek clarity from the court. "The interpretation proffered by the first respondent [municipality] that it was not directed to provide the applicant [IMASA) with information it requested is not sensible and businesslike. It will, in my view, under the purpose of the previous [October 2022] court order," said Teffo. The municipality submitted to court that electrical connectivity was not possible in the 2022/23 year due to "financial constraints" and it would be postponed until money was available. The municipality also submitted that it was given a short deadline of two months to draw up the draft order. In its court papers, the Tshwane Municipality said all the orders were not possible for R18 million, adding some contractors could not keep within the time frame and the capital had financial constraints. Judge Teffo said the municipality did not provide documents to show or support this financial distress. The municipality claimed a contractor was appointed and completed work to make the market fire and smoke compliant. Again, Judge Teffo said the municipality did not produce to the court evidentiary material to support its claim. In addition, the municipality said it bought forklifts for about R2 million to assist with lift and hoist operations. "However, they are non-operational, as there are not enough qualified drivers to operate them," the order read. "No explanation was given for why forklifts were bought instead of evaporator coils in the ripening room. I am persuaded the first respondent [municipality] did not spend the money as set out in its final precinct plan." The municipality also cited financial constraints for not purchasing a generator. This is despite the municipality and IMASA acknowledging there would be a loss of income for the city in the event of a power loss. While the city had installed lights in both halls and agent offices, it was submitted in court that the lights were donated to the municipality by the Department of Petroleum, Minerals and Energy. Judge Teffo said she did not understand why the municipality included the cost of the lights as part of the R18 million budget spend, despite them being a donation. On non-compliance with the October 2022 court order, Judge Teffo ruled: "I conclude that the applicant [market] has proved beyond reasonable doubt the non-compliance of the court order by the first respondent." Teffo also found the municipality was in contempt of court. The court also granted IMASA its joinder application to include the mayor and city manager as liable, as they were not part of the initial case. Teffo said both the city manager and mayor play a vital role in determining how the city's money is spent, and which projects should be prioritised.
