Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Court stops Kgosi from closing Makapanstad Usave supermarket

August 25, 2026

Judge tells Absa R5.28 million debt does not justify selling a family home

August 25, 2026

Man claims R17.7 million from municipality for EPWP permanent job

August 25, 2026
Facebook X (Twitter) Instagram
Trending
  • Court stops Kgosi from closing Makapanstad Usave supermarket
  • Judge tells Absa R5.28 million debt does not justify selling a family home
  • Man claims R17.7 million from municipality for EPWP permanent job
  • Why are women still missing from South African research and innovation?
  • Man accused of shooting love rival ordered to pay punitive legal costs
  • AFM ordered to restore pastor and wife to church building within 48 hours
  • UJ director took secret payments in R18 million accommodation fraud
  • Retired sheriffs return to fill court vacancies, but are barred from handling public money
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Makapanstad Usave supermarket
Property Law

Court stops Kgosi from closing Makapanstad Usave supermarket

High Court in Mahikeng grants an urgent interim interdict preventing interference with Shoprite’s Usave store while a property dispute proceeds to a final hearing
Kennedy MudzuliBy Kennedy MudzuliAugust 25, 2026Updated:August 25, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • The High Court in Mahikeng stopped the planned closure of the Makapanstad Usave supermarket.
  • The court barred interference with water, electricity, trading operations, and any attempt to evict Shoprite outside legal proceedings.
  • Judge A H Petersen ruled that the cancelled lease remains in force until a competent court decides otherwise.

The High Court in Mahikeng has ordered Kgosi Nchaupe Romolepo Edward Makapan not to close the Makapanstad Usave supermarket or interfere with its water, electricity, or trading operations while the property dispute is still before the court.

Judge AH Petersen granted the urgent interim order in favour of the Bakgatla Ba Mosetlha Traditional Council, finding that the council had made out a case to protect the community property while the main application is pending. The order allows Shoprite Checkers to remain on the premises and keeps the Usave supermarket open until the ownership dispute is resolved.

Long-running lease dispute

The dispute centres on a property in Kgosi Makapanstad that was occupied for decades by Mmamokwele Hendrick Letsoalo, who built the commercial structure from which Shoprite operates its Usave supermarket.

Letsoalo entered lease agreements with the traditional council in 2010 and again in 2017. The relationship soured after more than R210,000 in rental arrears built up, leading to court proceedings and the cancellation of the 2017 lease in February this year.

Despite that judgment, the supermarket stayed open while the broader dispute over rights to the property continued.

Threatened closure prompted urgent action

The traditional council told the court that the conflict escalated in August after the water supply to the supermarket was cut off. Instead of immediately going to court, the council arranged and paid for the installation of an alternative water tank to keep the business running.

But according to the council, that plan was blocked when Letsoalo stopped the installation, ordered Shoprite to vacate the premises within seven days, and called a community meeting aimed at closing the store. These developments led to the urgent court application heard on 24 August.

Court rejects urgency challenge

Letsoalo argued that the matter was not truly urgent because the applicants had been aware for weeks that services could be disrupted.

Judge Petersen disagreed, finding that the council had acted reasonably by first attempting a practical solution instead of immediately going to court. The judge said the threatened closure of the supermarket created a real risk of harm that could not be fixed by ordinary legal action later.

The court found that delaying the case would have defeated the purpose of the interdict, as the store might have been closed before the dispute could be heard.

February judgment remains binding

A key issue was Letsoalo’s claim that he could not appeal because written reasons for the February judgment had not yet been given.

Judge Petersen ruled that the earlier judgment remains valid and enforceable since no application for leave to appeal has been lodged. The court held that simply requesting reasons does not suspend a court order, and an intention to appeal does not allow parties to ignore it. That ruling meant the cancelled lease remained legally effective during these proceedings.

Admissions weakened Letsoalo’s defence

The judgment also noted Letsoalo’s admission that Shoprite continued to pay him rent for several months after the February lease cancellation.

Judge Petersen found this seriously undermined Letsoalo’s argument that he was enforcing his rights lawfully, concluding that the evidence pointed to continued self-help rather than lawful remedies through the courts.

The court held that the traditional council had met all the requirements for an interim interdict, including the likelihood of irreparable harm, a favourable balance of convenience, and no adequate alternative remedy.

What the order means

Until the final hearing, Letsoalo is barred from entering or interfering with the premises, disrupting water or electricity supply, blocking alternative water solutions, interfering with Shoprite’s trading, trying to remove the retailer without a court order, or introducing another tenant.

The order does not stop him from attending the community meeting, expressing his views about ownership, or pursuing any legal action he chooses.

Judge Petersen also ordered Letsoalo to pay the costs of the urgent application, including the fees for counsel.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

Bakgatla Ba Mosetlha High Court in Mahikeng Makapanstad North West Shoprite Usave
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Judge tells Absa R5.28 million debt does not justify selling a family home

August 25, 2026

AFM ordered to restore pastor and wife to church building within 48 hours

August 24, 2026

The truth about estate gate licence scans that everyone is getting wrong

Sponsor: My Estate LifeAugust 22, 2026
Leave A Reply Cancel Reply

Prove your humanity: 1   +   7   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Property Law
4 Mins Read

Court stops Kgosi from closing Makapanstad Usave supermarket

By Kennedy MudzuliAugust 25, 20264 Mins Read

The High Court in Mahikeng has stopped a Kgosi from closing the Makapanstad Usave supermarket, protecting Shoprite’s trading operations while a property dispute continues.

Judge tells Absa R5.28 million debt does not justify selling a family home

August 25, 2026

Man claims R17.7 million from municipality for EPWP permanent job

August 25, 2026

Why are women still missing from South African research and innovation?

August 24, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

SARS auditor who did the VAT audit but missed three findings gets job back

August 19, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by