Community members in Dunkeld are disappointed that the bowls club has not been able to create community togetherness because the lease agreement has not been signed since February.
According to Bridget von Holt, who is part of the club, the tender was awarded to them by Joburg Property Company (JPC). She said that, as a community, there were big plans to make the club a better place that would attract community members and their families.
“We have not been able to do that because of the person who is running the restaurant and pub on the club’s premises. We have to have vacant land before we sign the lease and this is stopping us from moving forward. We have asked him to leave many times as he does not have permission to be on the premises – the club is not allowed to sublet the property so he is not meant to be here. He also does not contribute to the upkeep of the club,” commented Holt.
She further explained that the person who is running the restaurant has allegedly not paid rent in the last four years, including lights and water. Holt also believes the state of the kitchen is a big health hazard and, should they sign the lease, the club will have to clean it out properly.
JPC was contacted to find out how they can help in ensuring that the club can sign the lease and whether the person running the restaurant is entitled to be there. “The occupant had an agreement with the previous lessee to manage the restaurant facility, which the City had not consented to, or was not made aware of as was required of in terms of the agreement which did not allow for subletting.
“Upon the awarding of the new tender, JPC met with the occupant and advised him that any agreement between him and the previous tenant had effectively terminated upon expiry of the lease and, therefore, he is required to vacate the facility,” said Zanele Mamba head of communication and marketing at JPC.
Another concerned community member Wicus Swanepoel told the Gazette that he wants to see things moving forward and the club being transformed into a place where the community can make use of the facilities. He also believes that the restaurant is not in a good condition and is in dire need of a revamp.
Mamba added that they had met with the occupant numerous times, however, he still did not vacate the premises. They then met the occupant and his attorney and advised them that he had no right to the continued occupation of the restaurant.
After the last meeting JPC held with the occupant and his attorney, it was agreed upon that the occupant had 30 days to vacate the property. “The 30-day period has lapsed and the occupant still has not vacated the property, so JPC has no alternative but to approach the court to apply for an eviction order. We are currently waiting for the court to set down a date for the eviction order,” added Mamba.
Metro police or SAPS may not evict the unlawful occupant without an eviction order, as it could lead to legal action or a spoliation order from the occupant’s side.
JPC has signed the Confirmatory Affidavit and the attorneys have collected the documents, which will be served and filed for application within the next week, whereafter the occupant will have three weeks to respond.
The occupant was not available for comment after several attempts made by the Gazette.
