Court orders Sipho Ngwenya to repay R30 million to Ingonyama Trust after failed appeal
The Johannesburg High Court has ordered the owners of Marble Towers in the CBD to immediately remove all illegal structures erected on municipal land, pavements, and road reserves, and to submit compliant building plans within 20 days.
The ruling comes after Goldenrod Group, the company that owns Marble Towers on Rahima Moosa Street, attempted to stop the City of Johannesburg from demolishing container structures and informal trading spaces outside the building.
The city had previously taken steps to remove the structures and recover approximately R14 million in unpaid rates, taxes, water, and electricity charges.
In his judgment, Judge Leicester Adams found that the structures were unlawful because no approved building plans had been submitted to the municipality.
He noted that the owners had been aware of enforcement action since 2022 but failed to comply with repeated instructions to regularise the developments.
The court rejected the argument that the matter was urgent, stating that any urgency was self-created due to the company’s long-standing non-compliance.The court further interdicted Goldenrod Group from continuing any construction or installation work on the property.It ordered that within 72 hours, all non-compliant structures must be cordoned off or sealed to prevent occupation or access.
The judge also instructed that all structures encroaching on municipal land be removed immediately, and that formal building plans be submitted within 20 days.
While upholding the city’s position on illegality, the court also cautioned the municipality that demolitions must still follow proper legal procedures and authorisation.Goldenrod Group was additionally ordered to pay the City of Johannesburg’s legal costs.
The case highlights ongoing tensions between property owners and municipal authorities over informal and unapproved developments in Johannesburg’s CBD, as well as the city’s enforcement of building and planning regulations.