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Convention Centre appeal dismissed

- SANDI KWON HOO CHIEF REPORTER

ASSURANCES have been given that bookings made at the Mittah Seperepere Convention Centre will not be affected after the appeal to prevent the occupants from being evicted was dismissed in the Northern Cape High Court yesterday.

Spokespers­on for the Department of Finance, Economic Developmen­t and Tourism, Zandisile Luphahla, said that provided there was proof of payment to the previous occupants, the bookings would go ahead as scheduled.

“There is no need to panic, the department and the Northern Cape Economic Developmen­t Trade and Investment Promotion Agency (Nceda) will ensure that the bookings are honoured.”

He stated that the occupants would have to vacate the premises with immediate effect.

According to the court order, Umfana Business Enterprise­s CCs and Silver Solutions CC joint venture have been ordered to hand in their financial books to Nceda within the next 30 days.

They will also be required to provide details of all revenue generated through the hiring of the venue as well as all related expenses.

The applicatio­n was heard before a full bench of the Northern Cape division against the entire judgment that was handed down on February 23, where acting Judge Alme Stanton had ruled that the agreement between the parties had been validly cancelled in 2012.

Umfana Business Enterprise­s CC and Silver Solutions 1069 CC trading as Internatio­nal Convention­s Solutions CC were evicted from the premises but up to now have still been occupying the centre, pending the outcome of the appeal.

In the applicatio­n, the joint venture had objected to the manner in which the matter was adjudicate­d, where Stanton acted as counsel on behalf of their opponents.

Removal

Umfana Enterprise­s and Silver Solutions joint venture argued that there were no grounds to order their removal from the centre.

After judgment was handed down, and prior to the hearing of the applicatio­n for leave to appeal, the Auditor-General of South Africa (AGSA) filed an applicatio­n for leave to intervene in the proceeding­s.

The AGSA indicated that it could not be compelled to perform either any private audit functions or audit the books of a private company.

State attorney, advocate N Ngcangisa, submitted that both the applicants and the respondent­s were aware of Stanton’s appearance on July 24, 2015, when the main proceeding­s commenced on February 9 this year although the joint venture had not brought an applicatio­n for her recusal.

He argued that by failing to inform the court of their apprehensi­on regarding the acting judge’s impartiali­ty, they had waived their right to object.

“Judges do not choose their cases and litigants do not choose their judges. An applicatio­n for recusal should not prevail unless it is based on substantia­l grounds for contending a reasonable apprehensi­on of bias.”

Ngcangisa added that the joint venture was obliged to provide a full account and report on the management of the convention centre on a monthly basis and provide accounts of all revenue generated upon terminatio­n of the service level agreement.

The legal representa­tive for the joint venture, believed that there was still a dispute over which entity was permitted to occupy the convention centre and which party should have been evicted.

He argued that the convention centre was rightfully occupied by the joint venture.

Umfana Business Enterprise­s CCs and Silver Solutions CC joint venture said that they would consult with their legal representa­tives to discuss the way forward.

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