Is spring here or not?
Legal battle over Market Stalls comes to an end De Waal Steyn
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fter delays of more than a year the new stalls at Market Square above the Old Harbour can start trading in the next few weeks. This comes after Judge Robert Henney ruled in the Cape High Court that all 23 illegal traders need to vacate the stalls within two weeks.
A curious dassie couldn’t help himself from approaching Tammy Bezuidenhout of Hermanus to inspect what she was holding out. Little did he know he was being photographed on her cellphone and that he would become a front-page model in the first-anniversary issue of The Village NEWS. “Dassie” is the Afrikaans and most commonly name used for this small mammal, Procavia carpensis, meaning “the first guinea-pig belonging to the Cape”. With cloudy skies and rain heralding in the start of spring residents can expect more of the same for the next few weeks. According to www.accuweather.com the average maximum temperatures for the rest of the month will hover at the 20˚C maximum and 10 ˚C minimum mark. During the first weekend of September rainfall in excess of 20mm was measured.
Judge Henney said in his judgement on Friday 2 September that the continued occupation of the stalls is unlawful. All moveable structures, goods and furniture must also be removed. Failure to comply will result in the Sheriff of the Court evicting the illegal stallholders and removing all structures, goods and furniture and either destroying them or selling them to defray the cost of the eviction. The stallholders were also ordered to pay the cost of the legal proceedings. The legal battle started after the Municipality terminated its lease agreements with stallholders and announced in May last year that the tender for the management of the stalls was awarded to
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It was a conscious decision and a gamble which they took
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Arrie de Klerk. According to the stallholders, the decision not to renew their leases as well as the tender process was flawed and biased. More than a year has passed since the tender was awarded to Arrie, who was supposed to take over the management on 1 August 2015, and all existing traders had to vacate their stalls before then or reapply.
Judge Henney said: “At the heart of the dispute lies the decision of the Municipality to
not renew the leases of the stallholders. The stallholders, after having been made aware that there might be a chance that the leases would not be renewed, persisted and entered into new lease agreements and took the chance that the Municipality would not terminate the leases. It was a conscious decision and a gamble which they took.” The judge also stated that the Municipality was entitled in its conduct in terms of the law and the Constitution. “They (the Municipality) were not underhand or capricious in their dealings with the stallholders,” he stated. Arrie’s vision for the market is to create a proper town’s market aimed at drawing locals and visitors to the CBD. “The market is set to become a business hub that will be a part of the heartbeat of the CBD. The days of cheap, mass-produced, imported flea-market products being on offer should now come to an end. The Market Square must only offer South Africanmade products with an emphasis on locally produced wares.” Read more on the Market Stalls on P3.