By: Zelda Venter – IOL

The City of Johannesburg (CoJ) and the Joburg Fresh Produce Market have failed to fulfil their constitutional duties to provide safe, hygienic, and functional municipal services at the market. It is in a state of disrepair, posing risks to traders, consumers, and the public.

These were the findings of the Gauteng High Court, Pretoria, which has placed the City of Johannesburg and Fresh Produce Market on terms to turn things around.

This followed an application by the Institute of Market Agents of South Africa (Imasa), which successfully turned to court for an order directing the City of Johannesburg and the Joburg Market (the respondents) to submit a precinct plan in respect of the market, which shall include a risk assessment and recovery plan/report.

This draft precinct plan is to be submitted within 60 days of the order and a final plan within 120 days. This includes a risk assessment and recovery report with a focus on maintenance, upgrades, health and safety, quality and financial management, and details about the rollout and responsible parties.

Repairs and compliance pertaining to cold room storage, fire safety, electrical systems, security, and lift and sanitation facilities must also be implemented. Furthermore, the CoJ must allocate an additional R20 million to the current annual budget for both capital and operational expenditure to implement the precinct plan.

The market has an annual turnover of approximately R500 billion per year, from which the CoJ receives R5 million per year, Judge Sulet Potterill noted. The court was also told that between 9,500 and 11,000 buyers visit the Joburg Market daily.

It was argued on behalf of the Joburg Market that the application must be dismissed because the complaints relate largely to infrastructure and maintenance, hygiene, health and safety, and security. It said that service providers were appointed by it through service level agreements and that they should be held responsible.

But Judge Potterill said: “The Joburg Market SOC seemingly cannot fulfil its obligation to the CoJ to run the market and, therefore, appoints subcontractors. There is no duty on Imasa to hold the subcontractors to account; the Joburg Market SOC is the ‘main contractor’, and it must be held liable.”

Regarding the Joburg Market’s argument that there are several plans in place to resolve the issues, Judge Potterill responded: “I am mystified by this argument; having plans but not successfully implementing and executing the plans to address the complaints can never render a matter moot before this court.”

Imasa, meanwhile, set out the general breakdown in the entire infrastructure of the Joburg Market. It highlighted the poor state of the sales halls, resulting in flooding and damage to produce in the halls.

The unsealed basin drainpipes resulted in water spillage on the platforms, causing slippery and dangerous conditions for forklifts.

The forklifts and cleaning machines are never in working condition, and the constant interrupted power supply and power outages are some of the problems that were highlighted.

The court was also informed of a complete lack of security, and the conditions inside the market halls were deemed unsafe. The market is unsanitary and filthy, rendering the building unfit for human habitation with an added risk of contamination, the applicant stated.

Imasa said it has complained for a long time about the conditions, but nothing has been done about it. It stressed that the Joburg Market is in serious trouble.

Judge Potterill remarked that the Joburg Market stated that there is a maintenance plan in place, but nothing is forthcoming; thus, the court must intervene.

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