Cape Town - Stellenbosch hospitality group, Ma-Afrika Hotels, has lodged an application for leave to appeal to the Constitutional Court against an eviction order.
The Supreme Court of Appeal (SCA) earlier this month granted an order to evict Ma-Afrika Hotels from an erf in Stellenbosch, following Ma-Afrika’s failure to pay rent and other related charges allegedly owed to the Trustees of the Venezia Trust in terms of a lease agreement.
Ma-Afrika Hotels said Covid-19 imposed restrictions and the lockdown made it impossible for them to have paid rent.
The application for leave to appeal has suspended the eviction order pending the outcome of the Constitutional Court hearing.
Ma-Afrika has instructed advocate Jeremy Gauntlett, SC, KC, as leading silk with advocate G Elliott, SC, and advocate G Samkange, instructed by Thomson Wilks Attorneys to represent it in this matter.
Ma-Afrika’s appeal application follows its landlord, Venezia Trust, taking it to court in February 2021 to seek an eviction order over Ma-Afrika’s inability to pay rent for its guest house during the pandemic.
Ma-Afrika had a 10-year lease agreement with Venezia Trust in respect of the guest house, for which it had “scrupulously paid rent” from when the lease commenced in April 2019 up to lockdown in March 2020.
The Supreme Court of Appeal handed down its judgment on November 4, referring the claim for arrears rental back to the Western Cape High Court for determination, Ma-Afrika said.
The trust had launched an urgent application against Ma-Afrika Hotels in the high court in February 2021 seeking an order of ejectment of Ma-Afrika Hotels, coupled with an order of costs, as well as arrears rental, interest thereon and costs, according to court papers.
Cape Times