In court papers, Ivory Tusk Consortium said the city had failed to honour the agreement, resulting in the lengthy court battle between the two parties.
Ivory Tusk Consortium lawyer Keith Setaka, who's the director of MK Setaka Inc, said on Tuesday: "The city knew about this [the ownership of the hostel's land] and have been trying to buy time as this matter was being swept under the carpet.
"We never interdicted any project [housing development] processes. Instead, we have been trying to have a round-table conversation and settling either monetary value or getting land equivalent to the portion of land we own where the hostel is built."
Setaka said the city has kept its doors "completely shut" on these discussions.
"Following yesterday's protest, we reached out to the city again to say we must talk and finalise the matter. The city did not come forth to talk to us. We had approached the courts [again] and the matter is sitting in October. We don't know anything about the R18m the MMC says we have asked for from the city."
Mabaso on Monday claimed the R18m was for damages.
In court papers, the company said the city had advertised the same compensation or swop pieces of land in Pimville and Klipspruit in a provincial gazette for development.
This led Ivory Tusk Consortium to approach the high court in 2008, seeking an order against the city for failing to honour their agreement and stop any development from taking place.
The court ruled in favour of the company, ordering and restraining the city from advertising or putting a tender to develop the pieces of land or "dealing with the Diepkloof land and reinforcing the initial agreement".
In 2019, the city approached the courts, seeking relief and for the deeds office to cancel title deeds on the Pimville pieces of land. The court dismissed the application with costs.
On February 6 2023, the high court in Johannesburg ordered that the city should transfer the pieces of land in Pimville and Klipspruit to the company within 10 days but that has not happened.
"The first or second applicants [Johannesburg Property Company (first applicant), city (second) applicant] are hereby directed to issue powers of attorney to transfer the properties [in Pimville and Klipsruit] within 10 days of the order...
"In the event that the first and second applicant fail to comply with the orders, the sheriff of the above honourable court is hereby authorised to sign such powers of attorney and other additional documents as may be necessary to give effect to the transfer of the properties."
The applicants were ordered to pay costs of the application.
Mabaso on Monday said the transfer happened in June 2023, adding that it was concerning that it had happened.
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Joburg in 17-year legal battle to regain hostel land
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Image: ANTONIO MUCHAVE
For 17 years, the City of Johannesburg has been quietly fighting to wrestle the ownership of the land on which Diepkloof Hostel in Soweto is built from a private company.
But 17 years since the city launched its first court application to take full ownership of the land, the courts have ruled in favour of the company, Ivory Tusk Consortium.
Sowetan has been made aware of three court battles that the city has lost in the matter between 2008 and 2023.
This despite Joburg MMC for housing Mlungisi Mabaso claiming that the city became aware of the land issue in September 2024, which led to the housing project at the hostel stalling.
On Monday, hostel residents took to the streets to voice their frustration after news about the company's plans to develop a business precinct in the area. They are also unhappy with the unfinished housing project and lack of service delivery.
The violent protest claimed the lives of two people and left one injured. Two trucks were looted.
Mabaso on Tuesday reiterated that the sale of the land was illegal.
However, court papers Sowetan has seen show that there was a land replacement agreement entered into by the city and Ivory Tusk Consortium on September 6 1990.
Part of the agreement was that the city would transfer pieces of land in different parts of Pimville and another in Klipstruit, also in Soweto, to the company in return to gain full ownership of the land where the hostel is built.
According to Setaka, Diepkloof Hostel was owned by Ivory Tusk before the land replacement agreement.
"COJ approached Ivory Tusk to transfer the hostel to them under the guise that they cannot renovate privately owned land.
"Ivory Tusk obliged and transferred the residential portion of the hostel to the city and kept the vacant land next to the hostel, hence the other portion is still owned by Ivory Tusk.
"We contacted the mayor's office, speaker's 0ffice, including the MMC of housing and further wrote to the city’s lawyers before the protests took place and we were ignored," said Setaka.
In court papers, Ivory Tusk Consortium said the city had failed to honour the agreement, resulting in the lengthy court battle between the two parties.
Ivory Tusk Consortium lawyer Keith Setaka, who's the director of MK Setaka Inc, said on Tuesday: "The city knew about this [the ownership of the hostel's land] and have been trying to buy time as this matter was being swept under the carpet.
"We never interdicted any project [housing development] processes. Instead, we have been trying to have a round-table conversation and settling either monetary value or getting land equivalent to the portion of land we own where the hostel is built."
Setaka said the city has kept its doors "completely shut" on these discussions.
"Following yesterday's protest, we reached out to the city again to say we must talk and finalise the matter. The city did not come forth to talk to us. We had approached the courts [again] and the matter is sitting in October. We don't know anything about the R18m the MMC says we have asked for from the city."
Mabaso on Monday claimed the R18m was for damages.
In court papers, the company said the city had advertised the same compensation or swop pieces of land in Pimville and Klipspruit in a provincial gazette for development.
This led Ivory Tusk Consortium to approach the high court in 2008, seeking an order against the city for failing to honour their agreement and stop any development from taking place.
The court ruled in favour of the company, ordering and restraining the city from advertising or putting a tender to develop the pieces of land or "dealing with the Diepkloof land and reinforcing the initial agreement".
In 2019, the city approached the courts, seeking relief and for the deeds office to cancel title deeds on the Pimville pieces of land. The court dismissed the application with costs.
On February 6 2023, the high court in Johannesburg ordered that the city should transfer the pieces of land in Pimville and Klipspruit to the company within 10 days but that has not happened.
"The first or second applicants [Johannesburg Property Company (first applicant), city (second) applicant] are hereby directed to issue powers of attorney to transfer the properties [in Pimville and Klipsruit] within 10 days of the order...
"In the event that the first and second applicant fail to comply with the orders, the sheriff of the above honourable court is hereby authorised to sign such powers of attorney and other additional documents as may be necessary to give effect to the transfer of the properties."
The applicants were ordered to pay costs of the application.
Mabaso on Monday said the transfer happened in June 2023, adding that it was concerning that it had happened.
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