Soweto Country Club snared in Diepkloof Hostel 'land swap' battle

Of the five “land swap” sites identified by the City of Johannesburg as part of a 1990 land replacement deal to regain control of part of the land on which the Diepkloof Hostel is built – one location stands out: the historic Soweto Country Club.

The land where the club is situated, on stand 11206 in Pimville Zone 5, was offered to the Ivory Tusk Consortium as part of a trade-off with the city to wrest back control of part of the Diepkloof Hostel land, which was sold to a private company.

Founded in 1974 by local golf enthusiasts, the Soweto Country Club holds a unique place in the township’s cultural and political history. Despite its historical significance, the land on which it sits has taken centre stage in the long-running land ownership battle between the city and the Ivory Tusk Consortium. 

According to papers filed in the Joburg high court in 2019, the city earmarked the site of the Soweto Country Club as one of the parcels in the land swap deal. The acknowledgment of the 1990s deal was signed on behalf of the city by officials Karen Bester, Leon de Bruyn, Lloyd Maybe, and Sidney Potter.

However, before the agreement was finalised, the city published a notice in the provincial gazette on 15 November 2000, proposing the closure of a park and open spaces, including the stand in question. The notice, which allowed for objections until December 18 2000, reportedly received none.

Court papers further indicate that the city argued that closing the open spaces was a necessary legal step to enable the disposal of the land parcels.

But in a surprising move nearly two decades later, the city and the Johannesburg Property Company, approached the court seeking to cancel the title deed for stand 11206, where the club is situated, effectively challenging the Ivory Tusk Consortium’s rights to the land it had acquired from it. 

The court dismissed the city’s application with costs, saying that for its vindicatory claim to succeed, it needed to prove it never intended to transfer ownership or that the agreement was fraudulent. 

“According to the abstract theory of transfer, the intention to transfer and accept ownership is sufficient to vest by registration in Ivory Tusk. The matter is dismissed with costs,” the court ruled.

Against this backdrop of legal wrangling, Justice Matshaya, 66, a long-term member of the Soweto Country Club since 1975, said the club holds much significance for the people of Soweto and the country at large as it is the only township golf course in SA run for and by black people.

“We built this golf course from scratch, playing in sand, and in the long run got sponsors who refurbished the course,” he said, adding that the land dispute started when the golf course had already been running for years. 

“The swapping of land shocked us, and it interrupted the scheduled games. People became sceptical, some joined other clubs. We had to calm them to let the legal framework take its course.” 

Matshaya said, despite the land dispute, the membership of the golf course is growing rapidly, sitting at over 200 members. 

“We can’t talk much about the land dispute as the city is the custodian of the land and taking care of it in the courts,” he said.

Ivory Tusk Consortium lawyer Keith Setaka said the court battle with the city is set down for October. 

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