Tshwane mayor could go to jail

The High Court has found the City of Tshwane Metropolitan Municipality in contempt for failing to comply with a 2022 order to repair and upgrade municipal services at the Tshwane Fresh Produce Market.

The ruling, delivered by Justice Teffo on 11 August 2025, gives the City 30 days to comply or face a one-month imprisonment sentence for both the executive mayor and municipal manager.

The case was brought by the Institute of Market Agents of South Africa (IMASA), a national non-profit representing market agents.

The original order was issued under former mayor Randall Williams, with non-compliance continuing under Cilliers Brink (March 2023 to September 2024), and now Dr Nasiphi Moya, who took office in late 2024.

The ruling holds the incumbents legally accountable.

“We affirm our respect for the court’s decision and our commitment to comply fully with its requirements,” said mayor Moya.

“While this matter predates the current administration, it reflects a legacy of challenges that have limited the market’s potential as a driver of inclusive economic growth.”

“We are determined to change this and are committed to revitalising the market… with a focus on delivering sustainable improvements that benefit all market users,” added Moya.

IMASA initially launched proceedings on January 17, 2022, seeking a declaration that the City of Tshwane was responsible for providing and facilitating municipal services at the Tshwane Fresh Produce Market. 

“The Tshwane Fresh Produce Market, the country’s second largest, hosts thousands of traders everyday who ensure that 6,5 million South Africans have access to affordable fresh produce daily,” noted IMASA in 2022.

“With a turnover of R3.5 billion per annum, the market is a vital economic hub, which makes it difficult to understand why the City of Tshwane would allow it to deteriorate to the extent that it has.”

The court action led to a consent order issued by Justice Meersingh on October 31, 2022, which formed the basis of the current contempt allegations.

The previous court order mandated several key actions from the City. 

It required the City to submit a comprehensive precinct plan for the market premises, including details such as risk assessment, recovery plans, occupational health and safety management, quality and financial management, and implementation timelines. 

A draft plan was due within 60 days, followed by a final plan within 180 days.

Furthermore, the City was ordered to implement specific repairs and upgrades related to fire and smoke detection, electrical connectivity, security, lift and hoist facilities, sanitation, and refuse removal within 60 days of the plan’s approval. 

A significant aspect of the order was the requirement for the City to utilise an allocated budget of R18 million (R10 million for capital expenditure and R8 million for operational expenditure) for the 2022/2023 financial year to implement the precinct-plan.

The new court action

IMASA initiated the contempt application, contending that the City had failed to comply with the Meersingh order. 

They specifically alleged that the draft precinct plan submitted by the City on December 30, 2022, did not meet the order’s requirements, and that the final plan was submitted without adequate input. 

IMASA argued that the City’s non-compliance was “wilful and mala fide” (deliberate and in bad faith), a crucial element for a contempt finding. 

They sought an order compelling compliance and potentially punitive measures, including imprisonment or a fine for the Municipal Manager and Executive Mayor.

In its defence, the City of Tshwane denied being in contempt, asserting that it had either complied or that any non-compliance was not wilful or mala fide. 

The City argued that IMASA was interpreting the previous court order too broadly and that the information requested was beyond the scope of the order. 

The City also cited various challenges for delays, including cost escalations, service provider withdrawals, and financial constraints, presenting details of expenditure on several sub-projects like evaporators, generators, and new lights. 

However, Justice Teffo noted that the information provided regarding the budget utilisation and project implementation was often insufficient or did not fully address the issues raised.

Justice Teffo underscored the constitutional principle that court orders bind all persons and organs of State, emphasising that civil contempt proceedings are a vital mechanism for securing compliance with court orders. 

The Court found that IMASA had successfully established, beyond a reasonable doubt, the existence and service of the order, and the City’s non-compliance. 

The defence raised by the City regarding the interpretation of the order was rejected, with the Court stating that the order was clear and unambiguous.

The judgement

The High Court found the City of Tshwane Metropolitan Municipality in contempt of court and formally joined the Municipal Manager and the Executive Mayor of Tshwane as the eighth and ninth respondents, respectively.

The court issued a series of compelling orders:

• The City, its Municipal Manager, and/or its Executive Mayor are compelled to comply with the previous court order within thirty (30) days from the date of the new order.
• They must provide IMASA with the draft and/or final precinct-plan, risk assessment plan, recovery plan, and all specified documents and information from the original order within thirty (30) days.
• An affidavit detailing the implementation of paragraph 2 of the previous court order (repairs and upgrades) must be provided within ten (10) days.
• An affidavit detailing the utilisation of the allocated R18 million budget for the 2022 financial year must be provided within thirty (30) days.

In a move to ensure compliance, the Municipal Manager and the Executive Mayor face a sentence of one month’s imprisonment.

The imprisonment will be suspended for one year if they comply with the court order within thirty (30) court days.

Additionally, the City of Tshwane was ordered to pay costs.

City response

The City of Tshwane said that it is commited to restoring the Fresh Produce Market as a leading agricultural hub, working with IMASA, traders, and other stakeholders.

The project, part of the Tshwane Economic Revitalisation Strategy, aims to expand trading space, improve efficiency, grow market share, and integrate emerging farmers.

Given budget constraints, the City will present the market as a priority investment opportunity at the September Tshwane Investment Summit to attract resources and partnerships.

The goal is full compliance with regulations and positioning the market as a driver of economic growth, jobs, and agricultural development, they said.

See the full judgement below:

This article has been updated with responses from the City of Tshwane.