The High Court in South Africa has ordered the Nelspruit Market Agency, trading as Whoopi Up (Pty) Ltd, to immediately cease operating as a fresh produce market. The ruling follows an application lodged by the Agricultural Produce Agents Council (APAC) on 30 September. According to APAC, the company, currently in the process of deregistration, may no longer act as a registered fresh produce agent under Section 16 of the Agricultural Produce Agents Act (Act 12 of 1992).
APAC, a statutory body established under Section 2 of the Act, regulates the activities of fresh produce, export, and livestock agents to ensure integrity, transparency, and financial compliance. Its mandate includes registering agents, enforcing a code of conduct, and protecting producers from mismanagement and financial loss. The council stated that agents acting on behalf of producers must fulfil a fiduciary duty and operate in good faith and with professional conduct. APAC monitors compliance through annual audits and can suspend agents failing to meet legal obligations.
Meanwhile, the long-delayed Mpumalanga International Fresh Produce Market in Mbombela, a project of the Mpumalanga Economic Growth Agency, remains unopened. Despite more than US$106 million spent, the facility stands unoccupied. It was initially designed to serve as the province's main trading hub for fresh produce, but it remains idle due to administrative and infrastructural setbacks. In contrast, the Freshlinq market in Mbombela continues to offer farmers in the Lowveld a functioning platform for sales and distribution.
Industry observers describe these developments as part of a broader pattern affecting markets nationwide. The Tshwane Fresh Produce Market continues to struggle with mismanaged contracts, court orders, and municipal inefficiency. Across Cape Town, Durban, Mbombela, and Gqeberha, markets face structural decay, security issues, and limited oversight. The suspended operations at Nelspruit and the stalled Mpumalanga facility highlight the need for improved coordination between municipalities, agencies, and private operators.
Amid these setbacks, Joburg Market has made efforts to rebuild relationships with farmers, traders, and agents following a Competition Commission report. Through ongoing consultation, it is seeking to restore fairness and transparency within its operations.
The challenges underscore a wider concern about the functionality of South Africa's fresh produce markets and their role in supporting agricultural livelihoods. APAC continues to enforce compliance and ethical standards within an environment shaped by uneven market access, rising input costs, and logistical constraints. Ensuring accountability, infrastructure maintenance, and transparent governance remains central to stabilising the sector and sustaining producers' trust in formal market systems.
Source 1: Food for Mzansi
Source 2: AfricanFarming
