The leaseholder of Durban’s Grosvenor Hotel, located at Soldier’s Way in the heart of the old central business district, won his appeal against officials of the eThekwini Municipality and others following what he described as a violent invasion of the premises.

Mark George earlier obtained an interim interdict against the city’s employees, private security guards, and the hotel’s original landlord, preventing them from intimidating hotel staff and guests, as well as causing any damage to the hotel. In terms of the interim interdict, they were also not allowed to enter the hotel without a court order.

Instead of confirming the interim order on the return date, the court dismissed the order. George subsequently appealed this before the Pietermaritzburg High Court.

Judge Robin Mossop confirmed the interim order prohibiting the parties from interfering with the hotel’s operation.

Beheer Singh, a respondent in the case, is the owner of the hotel, but he is leasing it to George. However, since concluding the lease agreement, George and Singh have subsequently fallen out with each other.

The matter concerns the alleged illegal supply of electricity to the hotel. George does not dispute the municipality’s right to check the electricity supply; however, he objected to the manner in which inspections were conducted.

He claimed that in carrying out inspections, the respondents behaved unlawfully and in a destructive and “boorish” fashion, causing physical damage to the hotel and intimidating both his employees and his patrons.

George explained how, in October 2021, approximately 30 people, referred to as the first inspection team, descended upon the hotel to perform an unannounced inspection.

He said the inspection was initiated by Mano Singh, the nephew of the landlord, who is also cited as a respondent.

George alleges that the inspectors had no identification cards, nor did they have a job card authorising them to check its electrical connections.

He was not present at the hotel at the time of the first inspection, but was told by the hotel manager what was transpiring.

Some members of the team reportedly entered the hotel bar by breaking down the door to the ladies’ toilet. Upon gaining entry to the newly refurbished bar, the counter was damaged, and they ripped cables out of the electrical distribution board.

All this was done in the presence of about 20 patrons in the bar. George explained that every room on every floor of the hotel was entered, and cables — lawful or otherwise — were simply cut.

A few months later, another unannounced inspection occurred at the hotel. This time, the team tried to forcefully enter the hotel by attempting to break through a locked metal security gate, but they were unable to do so.

They then, according to George, used step ladders to scale the perimeter of the property to gain access through the windows of the hotel.

George said he had no problem letting them in, but they first had to identify themselves.

Judge Mossop noted that the Sings have declined to respond to the extensive allegations made, other than to tender a general denial of the events.

The municipality highlighted the scourge of electricity theft and its economic consequences. It denied “boorish” behaviour on the part of the inspection team or that they had refused to identify themselves.

Judge Mossop, however, concluded that George did prove his case for a final interdict.

zelda.venter@inl.co.za

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