Heidelberg company Evicted After Freeloading on Lesedi Municipal Property
The Lesedi Local Municipality has successfully secured an urgent interdict and eviction order against the Heidelberg Beer Festival CC, effectively shutting down its operations at the Heidelberg Heritage Museum.
The High Court of South Africa, Gauteng Division, Johannesburg, issued the ruling on August 4, bringing an end to the company’s tenancy.
The municipality initiated the urgent application, arguing that the business operating at the local museum premises was unlawful.
The core of their argument rested on several key points: the absence of a signed lease agreement, the company’s failure to pay over R1,3 million in rent and electricity arrears, and the unauthorized subletting of parts of the property to other parties.
Furthermore, the municipality contended that the building was unsafe and required immediate repairs for public safety.
In a counter-argument, the Heidelberg Beer Festival CC, represented by Mr. Bouwe Wiersma, claimed to have been in peaceful possession of the property under a 19-year lease.
They pointed to a Council resolution and various correspondence as proof of a valid agreement, although they admitted no formal lease was ever signed.
The company also disputed the urgency of the application, arguing that the building’s condition did not pose a public threat.
Ultimately, the High Court sided with the Lesedi Municipality. The court’s order mandates that the local business must immediately cease all operations and vacate the facility within a week of the ruling (August 11).
The Sheriff of the Court has been authorized to carry out the eviction if Mr Wiersma and his company does not comply.
Additionally, the Heidelberg Beer Festival was subsequently ordered to pay the legal costs of the application.
Mari Boshoff from the Freedom Front Plus (VF Plus) has welcomed the Gauteng High Court’s ruling ordering Heidelberg Beer Festival CC to vacate the premises.
“Wiersma established a brewery on the site and sublet buildings to several businesses, including restaurants and a photography company. Festivals were also hosted on the premises. Numerous residents asked the Freedom Front Plus for help with the noise disturbance caused by these festivals,” she said in a statement.
The party has already proposed that the Mayor, Mr Mluleki Nkosi, and the acting Municipal Manager, Thodeka Zondi, should approach organisations such as the Heidelberg Heritage Association and Heidelberg Hope to promote the Museum.
“The Freedom Front Plus wholeheartedly supports preserving the premises as a historical heritage site for future generations and will do everything in its power to bring it about,” Bosho
The Lesedi Local Municipality and the Heidelberg Heritage Association are yet to comment on the judgement.