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.

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.”

rapula.moatshe@inl.co.za

Source link