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The Passenger Rail Agency of SA (Prasa) lost an urgent court application for the cessation of informal trade in and around Park Station.
The income of over 60 informal traders had been hanging in the balance since the rail agency prohibited trading in their precinct on June 21.
The Johannesburg High Court ruled that the application was not urgent and dismissed it with costs on Monday.
Prasa spokesperson Andiswa Makanda said:
The informal traders had legal representation from the non-profit human rights organisation Socio-Economics Rights Institute (SERI).
“First, Prasa argued that the return of the traders would risk provoking xenophobic vigilante groups opposing their presence thereon to cause damage to Prasa property.
“Second, it argued that the presence of the traders prevented Prasa from finalising its informal trade policy and accompanying regulations, as well as commencing the implementation,” said SERI in a statement.
Last month, Operation Dudula protesters marched to Park Station to demand that Prasa allow only South African vendors to ply their trade in the transport hub.
SERI argued that Prasa was inappropriately relying on threatened conduct by a third party and not the traders themselves.
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The non-profit organisation further argued that the railway agency could obtain relief in the ordinary course as it had an interdict against the vigilante groups that threatened action should trade continue.
Khululiwe Bhengu, SERI’s attorney who is representing the traders said:
“Moreover, in the current economic climate, which casts hard pressed traders into difficulty, we hope that this decision will restore the livelihoods of the traders at Park Station and the dignity of their efforts to keep bread on their families’ tables.”
ARREST AND EVICTION OF INFORMAL TRADERS
Early this month, a foreign national was arrested following a tip-off.
The authorities received intelligence that the man was issuing fake passports from a Park Station cloakroom belonging to an informal trader.
The police found computer hardware and components, fake passports, photographs, ID cards and printing equipment.
“The informal trader concerned is said to be subletting her allocated trading stall at R5 000 per month to persons not allowed to trade at our facilities and promoting illegal activities on our premises,” said Prasa in a statement, and added that the unregulated informal trading and degradation of the facility have necessitated they take action in the interest of the safety and security of their personnel, commuters and informal traders.
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