Resolution detail
Yolisa Gogela informed the Subcouncil members that she and Steven Titus from Law Enforcement met with the trader on the 24th August 2020 and presented the challenges caused by fish trading in the area and that the meeting is meant to come up with solutions to address the issues.
The traders stated that he is not the one who is causing dirt but other fish traders that come there and sell frozen fish during lock down. According to Mr Brenner, he is compliant with the conditions of the concession letter and has never left the place dirty. He is not keen on moving from his trading spot because he only trades when he has fresh fish i.e. once a month even longer.
Unfortunately, the legal opinion from the City of Cape Town’s legal department favors the trader in that everyone has a right to trade in a free trading area and does not need a concession letter to do so and for as long as the conditions of trading are adhered to. Any violation of the Trading By-law must be reported to Law enforcement whether the traders has a concession letter or not
In closing, AED is unable to remove the trader from where is trading, any trading violations must be reported to Law enforcement.
Cllr Moses referred to a number of rights being violated noise pollution policy, rights of privacy and encroachment on property, as well as environmental health policy violation.
Cllr Cassiem presented the plight of the residents and ratepayers that are directly affected by the activities of the informal trader. The resolution was that the ratepayers affected must submit a formal complaint to the Subcouncil in order to take the matter further. Cllr Cassiem confirmed that the residents affected have established the ratepayer’s association due to the challenges they are facing. On receipt the Subcouncil will engage various line departments for comments and inputs and will have to present the consolidated report at the Subcouncil meeting in October. The members of the Subcouncil responded that the law cannot be one sided the principle of audi altem partem rule should apply.
The Subcouncil NOTED the information and agreed that the ratepayers affected submit a formal complaint to the Subcouncil in order to take the matter further
Action: Y Gogela; K Nombakuse; M Gallant
Click on the section below to view the resolution details history.
Meeting date: 26/08/2020
The Subcouncil members proposed that the vendors relocate to the site next to Coke factory in Turfhall Road and AED follow up the matter and report to the sub council on actions taken.
Meeting date: 21/10/2020
Ms Mentese sent email to Subcouncil with information that investigation was conducted on the 19/10/2020.
There is trading occurring in above mentioned property the vendor has permit
There is no preparation or packaging taking place
There was no foul or unpleasant odour at the time of inspection
There was water provided for cleaning fish and hands
Waste generated stored in an acceptable place
Cllr Cassiem presented the plight of the residents and ratepayers that are directly affected by the activities of the informal trader requested that the Department meet with the residents
The Subcouncil
NOTED the information and agreed that the Health Department and AED Department involved schedule a meeting with ratepayers affected and submit a formal report to Subcouncil in order to take the matter further. Health officials speak to the residents of violation of Environmental Health issues. Ald. Antonio van der Rheede requested that AED to stop issuing trading permits and must come via Subcouncil.
Action: Y Gogela; K Nombakuse; M Gallant; Y Mentese
Meeting date: 18/11/2020
The Health Department and AED Department should schedule a meeting with affected ratepayers and submit a formal report to the Subcouncil in order to take the matter further.
Action: Y Gogela; K Nombakuse; M Gallant; Y Mentese
Meeting date: 20/01/2021
The Subcouncil NOTED the information
Action: Y Gogela; Y Mentese, K Nombakuse; M Gallant
Meeting date: 17/02/2021
The Subcouncil NOTED the information
Action: Y Gogela; Y Mentese, K Nombakuse; M Gallant
Meeting date: 17/03/2021
The Subcouncil NOTED the information
Action: Y Gogela; Y Mentese, K Nombakuse; M Gallant
Meeting date: 21/07/2021
The Subcouncil NOTED the information. Action: Y Gogela; Y Mentese; O Meyer
Meeting date: 25/08/2021
Resolved at the Subcoucil meeting to close the item
Meeting date: 20/04/2021
The Subcouncil NOTED the information.
Action: Y Gogela; Y Mentese; M Gallant
