Wiseman Khuzwayo
“When women and men in government disregard the law, their conduct may very well cause much hardship for the vulnerable amongst us.” These are the opening words in the Constitutional Court (ConCourt) judgment delivered on Friday and penned by Acting Chief Justice Dikgang Moseneke, which set aside a high court order and allowed informal traders in Johannesburg to return to their inner city stalls. Moseneke said the facts of the case “show so and remind us of the words of our beloved and departed president Nelson Rolihlahla Mandela” when he said even the most benevolent of governments were made up of people with all the propensities for human failings. On December 5 last year, the ConCourt interdicted the City of Johannesburg and its metro police from interfering with the operations of street traders in Operation Clean Sweep.
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