Hermanus traders take lease appeal to SCA
The Hermanus Market Traders Co-operative (HMTC) is taking the Overstrand municipality to the SCA in a bid to overturn a Western Cape High Court decision that it had no legitimate expectation to have the trading leases of its members renewed. A Cape Times report says the HMTC turned to the courts after it was served an eviction order following the termination of its trading leases at the market in February 2015.
Last year, the municipality awarded a three-year tender for the leasing and managing of the market stalls to Arrie de Klerk, who then pushed the monthly rentals up to R4 000. Previously, the traders paid between R1 000 and R1 600 a month for a stall.
In his ruling in September, Judge Robert Henney found the traders had signed an agreement with a binding clause stating there was no legal expectation that the lease would be renewed. By agreeing to this clause, the traders had put themselves in the hands of the municipality.
A week after the ruling, an appeal by the traders was dismissed. They then petitioned the decision and have now taken their case to the SCA.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
