High Court halts eviction of Roma street vendors

The High Court of has temporarily blocked an attempt by the government to evict street vendors and small business owners from their operating spaces in Roma, pending a final decision on the legality of the eviction order.

In an urgent interim order granted by Justice ‘Maliepollo Makhetha on July 3, 2025, the court ruled in favour of the Roma Street Vendors Association, Container MaFoso General Café, and OB Joint (Pty) Ltd, who had jointly challenged the directive issued by the Manonyane A04 Community Council, which had ordered them to demolish their business structures and vacate their current location.

The respondents include the Secretary of Manonyane A04 Community Council, Manonyane A04 Community Council, Maseru City Council (MCC), the Roads Directorate, the Ministry of Local Government, and the Attorney General.

According to court documents, the vendors argued that the decision by the council was made arbitrarily and without proper justification. The court issued an interim relief, directing that the applicants should not be evicted until the matter is fully ventilated in court.

The court further ordered that the respondents must file their answering affidavits by July 11, 2025, applicants are to reply by July 16, file heads of argument by July 22, and respondents to do so by July 24.

A rule nisi has been issued, calling upon the respondents to show cause on July 28, 2025, why the eviction order should not be declared unlawful and set aside.

Manonyane A04 Community Council is required to dispatch to the court and applicants’ attorneys, within three days, a full record of proceedings and the reasons behind the eviction decision.

The court emphasised that its interim relief, preventing the eviction and demolition of the structures, takes effect immediately.

The Roads Directorate has launched a campaign to raise public awareness, particularly among street vendors, about the illegal encroachment of road reserves, a campaign that has met resistance in some quarters.

While some vendors have vacated the areas following extensive consultations, others have quietly returned, setting up makeshift structures once more.

Lesotho’s road network is classified into four categories based on size and function.

Class A roads are the main arteries, linking major towns, district centres, and border posts.

Class B roads are secondary roads that connect nearby districts and link smaller centres to the primary network.

Class C roads are local roads within districts that typically connect to Class A or B roads.

Class D roads are access roads that reach villages or small settlements.

Each road class has its designated road reserve and building restriction zone, areas meant to be kept clear for safety, maintenance, and future development.

Vendors operating near the main gate of the National University of Lesotho (NUL) in Roma had been ordered to vacate by this week.

The directive came as the Roads Directorate began reconstruction of the road stretching toward Semonkong.

Officials say the informal structures are unlawfully occupying land designated as a road reserve. This is not the first time the vendors have been asked to move. Earlier this year, they were informed that their stalls were infringing on legally protected road reserve space.

The university itself has previously raised concerns over the growing number of informal traders near its campus, citing safety and aesthetic considerations.

However, vendors argue they position their businesses near high-traffic institutions like NUL because that is where their customer base—students, staff, and visitors, is concentrated.