The developers of a new Johannesburg shopping complex are seeking an urgent interdict against Patriotic Alliance (PA) deputy president Kenny Kunene, senior PA member Victoria Africa and the party itself after a series of fiery anti-immigration protests at the mall late last month.
Property company Chung Fung, which owns the partially completed Times Square mall, an extension of Dragon City in Crown Mines, brought the application in the Johannesburg high court, accusing Kunene and Africa — deputy secretary-general of the PA’s Women Alliance — of stoking demonstrations in which tyres were burned and rocks were thrown.
According to the company’s affidavit, the protests, staged on eight days between July 20 and July 31, disrupted business at the retail centre.
It says about 100 protesters first gathered outside Times Square on July 20, led by Africa. They identified themselves to Jansen Zhang, the development’s manager responsible for contractor relations and procurement, as supporters and representatives of the PA.
The papers say Kunene arrived while protesters were blocking the entrances and throwing rocks and stones.
The people that come to the demonstrations are not members of the PA, just community members demanding that they be hired
— Kenny Kunene
Zhang quoted Kunene as saying the protesters and community members were angry because they believed the developer and some tenants were employing illegal immigrants rather than members of the local Crown Mines community.
The affidavit says Chung Fung’s only employee at Times Square is Zhang, who oversees the development. The site is occupied by independent tenants and contractors carrying out construction work. The company says tenants are required through their lease agreements to comply with South African law.
It says complaints about illegal employment should have been reported to police or relevant government departments rather than being dealt with through protests that disrupted businesses.
The papers say Kunene and the protesters presented site management with the CVs of 200 community members looking for work. Following the engagement, the construction contractor undertook to hire 20 community members and employ more as its capacity increased.
Despite the agreement, the protests continued.
On July 21, the affidavit says, Kunene and Africa led protesters back to Times Square, where rocks and stones were thrown and entrances blocked, preventing tenants, customers and members of the public from moving freely.
It says Kunene posted a video on X confirming that he and the protesters had returned to Times Square.
The developer argues that Kunene’s own public account shows that subsequent attempts by the PA and its leaders to distance themselves from the protesters are hollow. The affidavit says the party’s lawyers had sought to suggest that the community members were acting independently and that the PA did not know them.
But Chung Fung maintains that Kunene and Africa showed up repeatedly at the protests and were involved in directing them. “The PA and its cited leaders are playing a leading and controlling role in this protest.” It says video footage shows Africa addressing the protesters through a loudhailer.
Chung Fung says protesters returned on July 24, 25, 27, 29, 30 and 31, sometimes arriving before 6am. It alleges that they blocked entrances, burned tyres, shouted threats and foul language at security personnel and generally obstructed operations at the shopping centre.
On July 29 four trucks carrying sand could not deliver their loads because protesters were blocking the entrances. The company says customers were also prevented from entering the premises freely. It had to deploy contractors and equipment to remove stones and rocks from areas where protesters had gathered.
Chung Fung argues that the protests are unlawful because the PA and its leaders failed to provide the required notice under the Regulation of Gatherings Act, and those taking part pose a growing risk of violence.
The developer wants an order barring Kunene, Africa and their party from gathering, picketing, or protesting within 200m of the site. It also wants them barred from:
- blocking access;
- disrupting business;
- intimidating or threatening people;
- throwing dangerous objects; or
- encouraging unlawful activity.
Approached for comment, Kunene told the Sunday Times that the PA was opposing the application and the matter was expected to be heard on September 9.
He denied that the demonstrations caused disruption, saying they were aimed at demanding jobs for South Africans after the party received information that 400 undocumented immigrants from Malawi were working at the development.
“The people that come to the demonstrations are not members of the PA, just community members demanding that they be hired,” he said.
Kunene said the lawyers representing Chung Fung had also acted for EFF leader Julius Malema in a defamation lawsuit. “It is clear to us that certain politicians are being paid to sweep these things under the carpet, but we will continue to fight for South Africans to get jobs.”
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