Tucked between the jacaranda-lined avenues of Johannesburg’s old-money belt, the Killarney Country Club is gearing up for a legal brawl over the cancellation of its lease.
With manicured lawns and membership fees of up to R26,500 a year, Killarney is not just a country club. It’s a 122-year-old legacy organisation on a 96-year-old golf course in a prime location. For this reason, its stand-off with the City of Johannesburg (CoJ) over its lease has attracted the close attention of residents.
The wrangle includes a sublease deal between the club and a restaurant, which was found in an arbitration hearing to have been be mired in subterfuge after a “sweetheart deal”. The sublease ended badly when unknown vandals trashed the restaurant, causing R300,000 in damage.
The club's problems started in November 2021, when it was found to have breached its R2-a-year lease with the city by subletting a portion of the property to the La Vie en Rose restaurant and, in a separate deal, allowing an advertising billboard to be erected facing the M1 highway. The city said that because of these deals, the club's lease had been cancelled.
After rectifying the breaches, the club filed an application in the Johannesburg high court in October 2022, asking for a review of the cancellation. The matter will be heard on August 13.
The Lower Houghton Ratepayers' Association (LHRA) has launched a support petition — already backed by thousands — to have the lease restored. They have also joined the matter as amicus curiae (friend of the court).
In the petition, the LHRA says “the consequences of CoJ taking back the lease is likely be a disaster for the suburb”.
“They are notorious for not maintaining their properties, security would leave, vagrants would move in and vandalism and crime would take over. We cannot stress enough how important it is that we stand together and protect our suburb.”
The land is owned by the Joburg Property Company (JPC), a municipal entity that manages the city’s land and buildings. In March 1969 the city leased the land to the old Transvaal Automobile Club, which was later renamed Killarney Country Club (KCC). The terms were that the property be used only for sport and social activities, with no commercial business allowed.
In an affidavit filed in court, the club's president, Darryn Faulds, says that in April 2017 the then acting president of the KCC, Gary Bloch, “concluded a suite of agreements” to lease a portion of the club's land to La Vie en Rose.
In June 2018, Bloch concluded another agreement with a consortium to erect protective nets along the perimeter next to the M1 to prevent golf balls being hit into traffic. The agreement led to advertising billboards overlooking the highway being placed on the club's land.
Faulds said though the advertising lease envisaged approval from the CoJ being obtained, this had not been done.
Contacted by the Sunday Times for comment, Bloch said: “These leases were done before my tenure as president and I have been out of the committee for over five years ... I am not in any position to comment.”
According to court documents, Bloch resigned as president in December 2019 and was replaced by Anthony Berlowitz, who was president until August 2022.
In June 2021, JPC notified the club of the unlawful advertising signs and in November 2021 demanded they cancel their deal with La Vie en Rose. After seeking a legal opinion, which confirmed the breach, Berlowitz set about evicting the restaurant and taking down the billboard.
But, Faulds said, the restaurant continued operating, leading to the club launching arbitration proceedings to have them ejected. The arbitration found that the arrangement between the club and restaurant was not an oversight but rather a “deliberate simulated transaction to mislead the CoJ and JPC and circumvent the provisions of the lease agreement”.
Faulds told the Sunday Times that evicting the restaurant was “a torrid time”.
On the day of eviction we went to change the locks with the sheriff and found the place had been trashed
— Killarney Country Club president Darryn Faulds
“We spent millions, did everything by the book,” he said, describing how they carried the restaurant’s costs for more than a year before resorting to cutting its electricity and water and eventually seeing “what was essentially a sweetheart deal” liquidated. The high court ordered the eviction in December 2023.
“On the day of eviction we went to change the locks with the sheriff and found the place had been trashed. Someone had taken to it with a sledgehammer and we estimate the damage at R300,000,” Faulds said.
Rony Muller and her father, Momy Ezerzer, were the owners of the restaurant and still feel heartsore over the loss of what was a popular, thriving establishment.
“We fought a three-year court battle and lost. In the end we had to go because of their mistake,” said Ezerzer.
Muller added: “We had no idea there was anything improper with the lease. La Vie was a beautiful restaurant. The residents loved it and fought for us. Everyone was devastated when we were shut down.”
Both said they had no idea who had trashed the premises when they left. “The club called the cops on us and laid charges, but nothing was ever proven. For all anyone knows, they could have caused the damage themselves for an insurance claim,” Muller said.
Ward councillor Eleanor Huggett told the Sunday Times this week that the club's main green space was “a very important part of the community”.
“We’re worried the JPC will take the land back and develop it. They would stand to make a lot of money if they did,” she said.
For Faulds and his management team, the ideal solution lies in negotiating a new lease that is commercially viable for both parties.
“The old lease is terrible and uses words like ‘natives’. We would like it to be updated to include things like padel courts instead of ballroom dancing,” he said.
The City of Johannesburg did not respond to questions.
The JPC's Sizeka Tshabalala said there was no eviction process planned, though the club's lease has been cancelled due to its breach.
“Both parties are committed to finding a solution. We are engaging to resolve the matter amicably,” Tshabalala said.
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