- 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.
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