Truffles restaurant wins first round – City ordered to stop harassing patrons, staff

Owners of  Truffles on the Park, in Sandton’s Mushroom Farm Park in Johannesburg, have won the first round in their fight with Johannesburg City Parks and Zoo (JPCZ) to trade in the park, bracing themselves for the final showdown.

The restaurant owners have successfully lobbied the Johannesburg High Court to stop JCPZ and its partners, Mushroom Park Activations (MPA), from interfering or stopping their operations in the park, pending final order on the tussle.

The court also ordered JCPZ to stop harassing and intimidating patrons, staff and owners of Soul d’Afrique café, trading as Truffles on the Park, as well as meddling with their security arrangements at the park, interfering with electricity supply and back-up power.

Judge Steven Kuny also stopped responding parties from taking steps, directly or indirectly, to eject the owners from the park, pending determination on the main application to stop their eviction.

“The [JCPZ and MPA] are ordered to pay the applicant’s costs of part A of the application, jointly and severally, the one paying the other to be absolve (sic),” the judge ruled.

Chic Café in the lurch

The Citizen has reported how the restaurant owners had to approach the court on urgent application after the JCPZ and MPA allegedly made it impossible for them to operate in the park through intimidation, harassment and threats of eviction.

ALSO READ: Truffles War: Sandton restaurant squares up against Joburg Parks in court battle

Truffles have no lease agreement with the City to operate in the public park, with the agreement to build and operate the restaurant held Aerial Displays, which had a contract to maintain and improve the park but the company has since been liquidated.

This has left Truffles on the lurch, with attempts to take over Aerial Displays place in the lease unsuccessful and leading to constant harassment and intimidation over the absence of the lease agreement.

Carmen Graham, Truffles’ managing director, said they were happy with the outcome and hopeful of victory in their main application to continue trading in the park.

“Cease and desist from City Parks and their appointed agents – allow us to trade peacefully. If we get the cost back from JPCZ for this legal application… we will funnel this money straight back to the park. We will use this money to install solar lighting for the security of the public,” she said.

JPCZ is reportedly appealing the ruling, insisting that the restaurant was trading on the public park illegally.

Meanwhile, a petition to save the restaurant started by one of the owners, Josef Schmid, over a week ago has garnered 1 500 signatures so far.

The chic and elegant restaurant caters to patrons from all walks of life; from affluent residents of Sandton, the richest square mile in Africa, to the poor neighbouring Alexandra folks, who live within walking distance from the tranquil park.