Govt ordered to suspend vendors’ eviction

The High Court has ordered the government to suspend any attempt to forcibly remove street vendors in Roma.

The instruction provides the business owners with a temporary respite pending a final hearing scheduled for July 28.

Justice ‘Maliepollo Makhetha’s ruling delivered on Monday this week comes amid growing concerns from vendors over the decision by the Department of Roads Directorate to demolish their structures and relocate them from their current locations.

The court has also ordered that the decision of Manonyane A04 Community Council of ordering the street vendors to vacate their business premises be reviewed and set aside.

The applicants were granted costs of the suit.

The Roma Street Vendors Association, Container Mafoso General Cafe, and OB Joint (PTY) Ltd had filed an urgent application against the government on Friday last week, specifically challenging the decision to remove them from their operating spots.

The secretary of Manonyane AO4 Community Council, Manonyane A04 Community Council, Maseru City Council (MCC), Roads Directorate, Ministry of Local Government, and Attorney General Advocate Rapelang Motsieloa are cited as respondents in the case.

Justice Makhetha ordered that Manonyane A04 Community council’s decision of directing the street vendors to demolish their business structures and vacate their current location shall not be stayed pending the determination of the application, as part of the rule nisi returnable on July 28, 2025.

The government will be expected to present any evidence that would persuade the court to refrain from permanently blocking the forced removal of the Roma street vendors.

Justice Makhetha has also ordered that the rules of court pertaining to notice and service periods be dispensed with due to the urgency of the matter. The respondents have been directed to file their answer on or before July 11, 2025, and the applicants have been given until July 16, 2025, to file their reply, if any.

She further ordered that the government shall not be interdicted and restrained from forcefully removing the applicants from their areas of operation, pending the final determination of this application.

The High Court further ordered that Manonyane A04 Community Council and/or officers under its control shall dispatch to the Registrar of Court and the Applicant’s Attorney, within three days of the court order, a copy of the complete record of proceedings and the file, together with the reasons that led to the decision directing the applicants to vacate their business premises.

After the court victory, the Roma Street Vendors Association welcomed the ruling, stating that the government had “harshly” attempted to remove them from their operating areas without proving a suitable alternative, despite their livelihoods depending on those businesses.

The chairperson of the association, Thabiso Mafoso, expressed relief that the court had intervened, acknowledging the impact of eviction on their lives.

Mafoso noted that on January 22 this year, a meeting attended by street vendors, Member of Parliament for Maama constitiuency, Pitso Lesaoana, Roads Directorate, the Principal Chief of Thaba-Bosiu, Khoabane Theko, Manonyane A04 Community Council representatives, the Maseru District Administrator, Tšepo Lethobane directed them to vacate their operating areas within three months.

Lethobane had also directed the formation of a task team to coordinate the relocation process to allow for road reconstruction to be undertaken by Roads Directorate.

However, Mafoso said, the task team failed to do its job and last week, Lesaoana again instructed them to vacate their current location before the end of this month without proving and alternative area.

This prompted them to seek court protection, he stated.