THE High Court has ordered the eviction of a Bloemfontein business and its residential occupants, ending a years-long dispute over a failed property sale and unpaid rent involving the Free State Development Corporation (FDC).
In a judgment delivered on 26 May, Judge Opperman declared Telgobrite (Pty) Ltd and other unlawful occupiers as having no legal right to remain on the property located in Universitas, Bloemfontein.
The court gave the occupiers 30 days to vacate and authorised the Sheriff, with assistance from the South African Police Service if necessary, to enforce the eviction if they fail to comply.
The FDC brought the application after Telgobrite allegedly breached the terms of a commercial lease by failing to pay rent, utilities and municipal charges, with arrears amounting to more than R1 million as of July 2023.
Although Telgobrite had originally entered into a sale agreement with the FDC in early 2019, the court found that the deal was lawfully cancelled months later after the company failed to provide the required financial guarantees and clearance certificates.
Despite this, Telgobrite continued occupying the property and its director, Tsatsi Johannes Macholo, and his family began living there – triggering the application of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act for the residential aspect of the case.
In court papers, Telgobrite claimed the sale agreement remained valid and sought to compel the FDC to proceed with the transfer.
However, Judge Opperman found no credible evidence supporting ownership by Telgobrite and ruled that the arguments raised were outside the scope of the affidavit submitted.
The judge emphasised that the lease had been terminated and that no lawful basis existed for continued occupation.
“There is not any contract, law or legislation that allows them to stay on the property,” Opperman ruled.
“It has been proven beyond doubt that the first and second respondents are occupying the property without any form of remuneration to the owner.”
The court dismissed Telgobrite’s opposition, labeling the affidavit as procedurally irregular and lacking substance.
Costs were awarded against the company and the unlawful occupiers on a party and party scale.
The Mangaung Metropolitan Municipality was cited as an interested party but did not participate in the proceedings. – Staff Reporter