Lawyers at the Legal Resources Centre, on behalf of over 20 immigrant traders, want the court to declare threats and acts of intimidation by anti-immigrant vigilante groups unfair discrimination. Above, March and March supporters protesting in Bellville in May 2026. Archive photos: Ashraf Hendricks
Lawyers at the Legal Resources Centre (LRC) have approached the court on behalf of over 20 immigrant traders supported by the Somali Association of South Africa against the state and anti-immigrant vigilante groups.
This follows violent attacks and clashes at the Bellville trading zone and Middestad Mall, which have prevented permitted informal traders from operating since 30 June (the unofficial deadline set by March and March and affiliated groups for undocumented immigrants to leave the country).
Court action
In a notice of motion served this week, the traders, through the LRC, want the Western Cape High Court to rule that the City of Cape Town is obliged to ensure safe and unhindered access to trading sites for all permitted traders.
The LRC is asking the court to find that the City and its manager failed in their legal duty to take all reasonable steps to enable compliance with the Informal Trading By-Law, which ensures the safe and unhindered physical access for the purpose of trading at the Bellville Golden Arrow terminus and the Middestad Mall for valid trading permit holders.
They want the City to “prevent and remove unauthorised persons or groups who hinder or obstruct access or prevent trading in the Bellville trading zone”.
They argue that the actions of the vigilantes amount to unfair discrimination.
The SAPS station commander in Bellville, the police minister and the national and provincial police commissioners are listed as respondents because the traders say they failed to protect them from vigilantes.
The traders also want a detailed report on cases related to attacks and intimidation perpetrated by vigilante groups, the status of these investigations, and a confirmation on steps taken so far to ensure their safety.
They want the court to declare the police’s failure to take reasonable and effective action unconstitutional and invalid.
They want the City and police to submit to the court a detailed coordinated plan to protect the traders within ten days should the order be granted.
The traders also want the court to interdict the leaders of March and March, Operation Dudula and Siyabulela Dukumbane and concerned citizens group from violence, threats and intimidation against the applicants and other permitted traders.
Loss of income
Farhiyo Mahamed, a Somalian with permanent South African residency, said she has not been able to trade in Bellville since 30 June, despite having a valid City of Cape Town trading permit.
Mahamed applied for an asylum seeker permit shortly after arriving in 2005. She has sold toiletries and snacks in Bellville since January 2026.
Before 30 June, she traded every day.
According to her affidavit, Mahamed had attempted to return on 18 August.
“On that day, a group of vigilantes attacked us and said we were not allowed to trade because we are foreigners. The group began throwing crates at us. I was struck on the hand with a crate,” she said.
Mahamed said she is struggling to make ends meet because the money she made from her stall was her sole income to pay her children’s school fees and other expenses.
“I am also in arrears with my rental payments. My landlord is understanding at present, because I have no income, but I do not know for how long this will continue. I try to earn enough money to buy food and other basic needs on the days I am able to trade without being attacked, but it is barely enough to support my family.”
Under the City’s trading plan for Bellville trading is allowed Monday to Sunday from 5am to 8pm.
According to the founding affidavit by the LRC and the Somali Association of South Africa, all the traders they represent have valid immigration visas, permanent residence permits and/or asylum seeker permits and have trading permits in the City.
“There are other informal traders in the Bellville Trading Zone, most of whom are South African citizens. While some of these traders hold valid permits, some do not have permits. However, only the foreign nationals have been the target of vigilante activities.”
“Since 30 June 2026, the applicants have witnessed several gatherings of vigilante groups where non-South African traders’ stock, including those of the applicants, have been destroyed or stolen, with non-South African traders being blocked from trading under the threat of violence, at times in the presence of law enforcement officials.”
“To date and despite claims of daily patrols, the applicants do not have safe and unhindered access to the Bellville Trading Zone,” the lawyers said in court papers.
Central Bellville has a large informal trading community. Archive photo from August 2026.
According to court documents, the validity of the applicants’ permits was verified by the City as part of the verification process on 6 and 7 July.
“The majority of the applicants are not able to provide food, shelter, schooling for their children etc. Many have also suffered the theft of their goods.
“[The Somali association] has tried to assist the applicants with its limited resources with food hampers and other social assistance. [The association] cannot, however, sustain the growing needs of this community,” says the LRC affidavit.
Last month, GroundUp contacted the City after the LRC had sent a letter of demand. Wayne Dyason, spokesperson for City law enforcement, said, “The City does not condone intimidation, threats, violence or any conduct that prevents lawful economic activity. Allegations of criminal conduct should be reported to the South African Police Service for investigation and appropriate action.”
The City said the matter remains a concern to the extent that it impacts the lawful use of permitted trading opportunities and the broader trading environment.
City spokesperson Luthando Tyhalibongo said, “The City remains aware of this matter and continues to engage on those aspects that fall within its mandate. The City is also monitoring developments holistically, including broader public safety and operational considerations affecting the Bellville CBD and surrounding trading environment.”
Provincial SAPS spokesperson Constable Ndakhe Gwala said two suspects were arrested for public violence at the Bellville bus terminal. Gwala did not confirm the current status of the case.
“SAPS remains committed to ensuring public safety and a contingency plan with additional deployments is in place to prevent recurrence,” she said.
Questions to March and March and Operation Dudula were unanswered at the time of publication. But in a Facebook post on Tuesday, March and March leader Jacinta Zinhle Ngobese-Zuma stated: “The Somalis are taking us to Court there in Bellville Cape Town because they want to trade on our streets even though poor South Africans have expressed their dissatisfaction and abuse that they suffer from them … One day we will have to take the glorified constitution to task and how to protect ourselves from its terrible effects…!!! We are now looking for a legal team in Cape Town”.