Durban Street Traders Sue Municipality Over Permits and Relocation
More than eighty street traders in Durban are taking the eThekwini Municipality to court, alleging unfair treatment regarding their trading permits and a contentious relocation plan. The vendors, who have operated in the city centre for years, claim their permits have been suspended, terminated, or left in limbo, forcing them to consider a move to a designated area known as Centrum Park. This legal challenge highlights a growing conflict between informal traders and municipal authorities over livelihood and urban space.
The core of the dispute lies in the municipality’s handling of trading permits. According to the affected vendors, the annual renewal process, typically held in May, has seen a drastic reduction in approvals. Out of 84 applicants, only three permits were reportedly renewed, leaving the vast majority in a precarious position. Permits have allegedly been suspended, terminated, confiscated, or left undecided, effectively preventing these individuals from legally conducting their businesses. Some traders report that their newly renewed permits were subsequently confiscated.
Allegations of Xenophobia and Unexplained Decisions
The vendors contend that the decisions surrounding their permits and the mandated relocation are not based on objective criteria but are rather a manifestation of hostility towards foreign nationals working alongside South African traders. Musema Kweli Kakomere, a claimant in the High Court case, asserts in his founding affidavit that the municipality raised concerns about South African permit applicants employing immigrants. He believes the relocation to Centrum Park is an attempt to oust foreign nationals, including those legally residing in South Africa with valid identification, from the bustling city centre.
Kakomere further alleges that the municipality disapproves of the positive and collaborative relationships that exist between foreign and South African traders operating side-by-side. He cites an official statement within the affidavit supporting this claim. The proposed relocation site, Centrum Park, is described by the vendors as unsafe and allegedly controlled by the MK Party, which enforces Operation Dudula, a group known for its xenophobic activities. This has led some traders, out of fear, to abandon their stalls at Centrum Park. Beyond safety concerns, the vendors also question the financial viability of the new location, suggesting it will not support their businesses.
Legal Action and Demands for Accountability
The group of 84 vendors filed a notice of motion with the Durban High Court on January 13, 2026. They are seeking a judicial review of the eThekwini Municipality’s decisions to not renew their permits and to relocate them. The traders argue that these decisions were made without explanation, consultation, or their consent. They are demanding that the municipality and its manager provide valid reasons why these actions should not be overturned by the court. The municipality has stated its intention to oppose the motion.
Protests and Accusations of Police Brutality
Beyond the legal challenge, the vendors have also taken to the streets to voice their grievances. In early March, a group marched to the mayor’s office to submit a memorandum detailing their complaints. The memorandum called for municipal intervention to address issues including alleged harassment by law enforcement officers. Vendors claim that their goods are unlawfully confiscated, and officers sometimes demand money.
The day before the march to the mayor’s office, approximately 50 vendors gathered at King Dinuzulu Park before proceeding to the provincial offices of the Independent Police Investigative Directorate (IPID). This march was organized by the Alkebu Social Movement, which intends to join the ongoing High Court case.
The vendors accuse Metro police of employing excessive force during stall closures and of confiscating their merchandise, particularly secondhand clothing. Kakomere’s affidavit details what are described as “destructive raids” conducted by Metro police since June 2025.
Len John, the provincial IPID deputy director, accepted the memorandum and assured the vendors that their concerns would be addressed. He emphasized IPID’s role in investigating police misconduct. Lizzy Suping, an IPID spokesperson, confirmed that the directorate is engaged with the complainants and is conducting an investigation, though a timeline for its completion could not be provided.
The Struggle for Livelihoods
The plight of these traders underscores the challenges faced by informal workers in urban environments. Thabisile Dlamini, who sells phinifa dresses, highlighted the critical reliance of vendors on their businesses for survival, stating, “We are not employed and have no alternative sources of income. We rely solely on selling our phinifa. We would be very happy if the municipality could help us by providing a place to sell our goods.”
Bongiwe Ndlovu, another street vendor, shared her frustrating experience of applying for a trading space in May 2025 and only receiving a permit in February of the following year. She expressed disappointment that despite permanent metal tables being installed by the municipality, she was allocated a spot on the pavement, with an adjacent unallocated table remaining empty.
Witnesses reported seeing Metro police confiscating goods, primarily clothing and suitcases, from vendors on Queen Street. Arsain Kilonda, who was tending a stall for another vendor, was unable to produce a permit when confronted by officers. His goods were confiscated, and he was issued a R600 fine.
Gugu Sisilana, a municipal spokesperson, stated that trading without a valid permit is prohibited. The standard procedure, she explained, involves issuing a warning and instructing the vendor to cease operations and remove their goods. If compliance is not met, enforcement action, including fines and confiscation, may follow, in accordance with local bylaws. The municipality encourages traders to seek guidance from the business support directorate.
Mzwakhe Masoeu, general secretary of Alkebu, noted that confiscated items are held at the business support directorate’s pound, requiring vendors to pay fines at metro police stations or through online banking to settle their dues. He added that the municipality’s failure to issue permits forces traders to evade law enforcement.
