According to Steenhuisen, the shortcomings as identified by the court must be addressed without delay. He had already written to Minister of Trade and Industry Parks Tau to stress the urgent need for coordinated local and national action to restore South Africa’s fresh produce markets to full operational capacity.
READ Frustration over neglect of Tshwane Market
“The [court] judgment is a stark reminder that South Africa’s fresh produce markets must be managed in strict compliance with the law and in the public interest, as they are strategic pillars of South Africa’s agricultural economy, vital for transparent price formation, reliable market access, and the livelihoods of thousands of producers and traders,” Steenhuisen added.
His reaction followed a ruling by the Pretoria High Court, that Tshwane Mayor Nasiphi Moya and City Manager Johann Mettler had 30 days to provide a plan to improve services at the market and explain how the R18 million budget allocation for upgrades was spent.
Judge Mmonoa Teffo said if they failed to adhere to the order, they would face a 30-day jail sentence, suspended for one year.
Legal wranglings
The ruling came after the municipality was found in contempt for failing to meet a 31 October 2022 court order to restore the market’s facilities.
This legal action was initiated in January 2022 by the Institute of Market Agents of South Africa (IMASA). The institute argued the municipality was not fulfilling its constitutional duty to maintain the market in line with Section 1 of the Local Government: Municipal Systems Act (No. 32 of 2000).
Judge AJ Meersingh’s 2022 order required a draft precinct plan within 60 days and a final plan within 180 days, followed by the implementation of upgrades covering fire safety systems, electrical connectivity, security checkpoints, lifts and hoists, sanitation facilities, and refuse removal. The work was to be funded from the city’s R18 million budget allocation for that year.
In court papers, the municipality said the upgrades were not possible within budget and that contractors could not meet the timelines. Broader financial constraints were also cited.
This week, Teffo said no evidence had been provided to support this defence and stressed that the mayor and city manager had a decisive role in prioritising city spending.
IMASA reacts
Speaking to Farmer’s Weekly, IMASA President Gjalt Hooghiemstra said the ruling sent a strong signal to other markets.
“This was a very strict and drastic order against municipal authorities, as fresh produce markets are incredibly important in terms of food security. Municipalities cannot ignore their responsibilities. They have the budget and need to reinvest in the market.
“We will continue to engage with the relevant parties, evaluate the process as we go along, and see where things stand in 30 days,” he said.
In a media statement, Moya said that while the matter predated the current administration, it reflected a legacy of challenges that had 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 complying fully with its requirements. In doing so, our approach will be collaborative, with a focus on delivering sustainable improvements that benefit all market users.
“IMASA is a critical stakeholder and partner in achieving these goals. 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. To this end, we will be reaching out to IMASA to arrange a constructive engagement in the interest of moving forward together,” the mayor said.
DA calls for changes
Former Tshwane mayor and current DA Tshwane caucus leader Cilliers Brink said the city appointed a senior official, Ashraf Adam, in 2024 to negotiate with the market agents to ensure necessary upgrades were done at the market, despite the city’s financial constraints.
The relationship had improved significantly, but in October 2024, the DA was removed from office, and ActionSA switched its support to the ANC. Adam was subsequently forced to resign in January 2025, and nobody picked up where he had left off, according to Brink.
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“The problem at the market is obviously more complex than simply speaking to the market agents, although nurturing that relationship was a good start. The DA-led coalition undertook to give the Tshwane Economic Development Agency, a municipal entity, a supervisory role at the market to ring-fence a portion of profits generated by the market to reinvest in infrastructure upgrades. Unfortunately, this strategy has been abandoned by the ANC coalition,” he explained.
Brink added that if changes weren’t made at the market, the industry would be compelled to build its own market in opposition to the city.
“Aside from staying out of jail for contempt of court, the mayor should do everything she can to rather work with farmers and private investors instead of against them,” Brink concluded.
