The legal battle regarding the dilapidated showgrounds finally comes to an end

MBOMBELA – After a legal battle of over three years, the larger part of the Nelspruit Showgrounds is back in the hands of the City of Mbombela Local Municipality.

The battle ensued after the Lowveld Show Society tried to sell the grounds in their entirety for R28 million in 2015. These grounds have since become dilapidated and a dumping ground for building rubble which makes the premises almost inaccessible.

Municipal manager Neil Diamond confirmed on Wednesday that the Court of Appeal decided in their favour two to three months ago.

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“We are in the process of transferring the grounds back into our name. The initial plan was to build the International Conference Centre there, but this development has since been moved. We can, however, confirm that it will form a part of the social development framework of the city of Mbombela and that it will contribute to its economic growth.”

The news of the legal battle had apparently not yet reached all the members of the municipality as Joseph Ngala, municipal spokesman, had the following to say on Tuesday, “Please take note that the matter around the Nelspruit Showgrounds has not been finalised, especially the ownership. It is our intention to demolish the existing structures, clear the area and secure it pending new plans for future development. We can only do this work once all court processes have been concluded.”

He, however, said the municipality has taken note of the illegal dumping that is happening on the showgrounds. “We would like to warn and appeal to residents to stop dumping as it is a criminal offence and whoever is found guilty will face the full might of the law,” Ngala said.

It is clearly visible that all windows, pipes, doors, ceilings, tin roofs and taps were removed from the site – a far cry from the wonders that it used to hold.While visiting the showgrounds, one man told the newspaper that they were recycling everything that they could on the grounds.

According to Louw Pretorius, acting chairman of the Lowveld Show Society, who was fighting to keep the grounds in their name, this was a bad storm for them.

“This is a very sad story. If you drive past the grounds all you see is total decay,”

Pretorius said. He wants the grounds to be redeveloped.

The legal battle

In 2015 the showgrounds were auctioned off for R28 million by the Lowveld Show Society. The society was established in 1949 and the show was soon in full swing.

In 1952 the municipality decided to donate a piece of land (A in the illustration) to the society, on the condition that it be used for the purpose of an agricultural show. In 1983 the administrator of Transvaal,

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Dr Willem Cruywagen, wavered this condition in terms of the Removal of Restrictions Act (RORA). In the same year the society purchased the remaining piece of the showgrounds (B in the illustration) and was in possession of the title deeds for both pieces of ground.

When the show came to an end and the new one came to life at Mbombela Stadium, the society indicated that it would sell the grounds as one unit. This was contested by the municipality.

In order for the bidder to purchase the grounds the municipality needed to provide a rates and taxes certificate, which it refused to do. According to the municipality, the wavering of the condition was done illegally and it took the matter to the High Court. The judge ruled in its favour as he indicated that RORA does not make provision for the removal of a condition relating to the alienation of land.

The society appealed to the High Court of Appeal which again ruled in favour of the municipality. The winner of the R28 million bid, Susan Mkanzi, was unaware of the outcome of the court case when the newspaper contacted her. “I am not sure if I even still want to buy the grounds,” Mkanzi said.

On the point of what her initial purpose was when she bid for the ground, she answered, “I would have done environmental studies to see what the potential for development is, but I am not really sure.” According to Pretorius, they wanted to use the initial amount to build a hall at Mbombela Stadium.

“This was supposed to be a legacy for the many members of the society who came before us, so that everything we worked for was not in vain,” Pretorius said.

He also added that they were not aware of the municipality’s intention to oppose the sale. “We thought that it was just a normal sale. Part of the agreement was that the woman who bought the grounds was responsible for them the minute she provided us with guarantees that she was able to pay.”

According to Pretorius, she did so, but did not take responsibility of the grounds which were then plundered. “We could not have another show there even if we wanted to and we ended up having a mini-show at the angling club,” Pretorius said.
The society is still, however, in possession of piece B of the grounds and is in the process of selling it.

The glory days of the Lowveld Show

Hannes de Kock, who was the director of the show from 2000 to 2012, said in its day the show accommodated 30 000 to 40 000 people every year. When it was not showtime, the grounds were used for various other performances like the Lipizanner stallions or great musical acts.

“A major part of our income was the cottage industries that we accommodated in the stalls,” De Kock said, reminiscing about a long-forgotten era. “The show was built up over many years by the community. Both the agricultural and the business industry invested in it.”

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Pretorius remembered that the show was held every August.

“On the first day of the show it would always rain and everything would be covered in rain and dust.”

They paved the grounds and got sponsors to build a pavilion for spectators. The grounds also hosted a snooker club and the pub Stables, which was once a favourite among locals.

“It is a great loss and a sad story that we could not come to an agreement with the municipality in selling the grounds and donating the money to charity,” De Kock said.

Over the years the nature of the show changed completely due to factors like the erection of huge shopping centres in the area, but according to De Kock, when he left in 2012 they still had the means to continue successfully as a business.

What happened to the show society

According to Lyzelle van Wyk, who worked at the showgrounds for 14 years and who was once the secretary of the society, most of the members went their own ways when it was time to sell the grounds.

Pretorius, however, said the society will still be active until the matter of selling section B of the grounds has been finalised.

“Even if we just get a small amount from this sale, we still want to build a hall for the current show,” he said. “Maybe a place where current exhibitors can take a breather or personnel of the show can rest. Just a monument that will carry our legacy forward.”