The companies that own Springs Mall have approached the court to seek an order to evict popular sneaker retailer Bathu from its premises after the company failed to keep up with its rental payment.
The application was brought by Blue Crane Eco Mall, Vukile Property Fund and F&G Investments 2, which own interests in the East Rand based shopping centre.
According to court papers seen by Africa Daily, Blue Crane Eco Mall is cited as the first plaintiff, Vukile Property as the second plaintiff and F&G Investments 2 as the third plaintiff. Bathu and its founder, Theo Baloyi, are cited as the first and second respondents respectively.
The entities state that on 26 February 2021, at Sandton, Murinda Investments, which previously held shares in the mall, entered into a lease agreement with Bathu Swag to rent a retail shop at Springs Mall. They say Murinda Investments later sold its interest in the mall to the three entities.
In terms of the original lease agreement, Bathu was required to pay monthly rental of just under R41,000, together with municipal rates of more than R2,300, excluding water, electricity, sewer and refuse-removal charges. The company also agreed to pay a deposit of more than R173,000 and administration costs of R3,000.
The lease commenced on 13 March 2021 and was due to expire on 29 February 2024.
The parties further agreed that should Bathu fail to meet its rental obligations, the landlords would be entitled to claim arrear amounts, cancel the lease agreement and reclaim possession of the premises.
The court papers further reveal that on 17 May 2021, Bathu entered into another lease agreement for a storeroom measuring approximately 12.21 square metres at a monthly rental of R750, together with municipal rates of R248 and administration charges of R1,500.
On 4 July 2025, Bathu signed a renewal agreement extending its occupation of the shop for two years, from 1 March 2024 to 28 February 2026. Under the renewed lease, the company agreed to pay more than R50,000 in monthly rental for the shop, more than R900 for the storeroom, over R2,500 for marketing and just under R3,000 in municipal rates. Bathu also agreed to pay a deposit exceeding R210,000 and administration costs of R1,500.
The papers state that on 28 August 2024, Bathu signed a further agreement in Cape Town for an additional storeroom measuring approximately 10.98 square metres, effective from 1 September 2024 until 28 February 2026, at a monthly rental of R858, municipal rates of R300 and administration fees of R1,000.
A further renewal agreement was allegedly concluded on 5 September 2025, extending the lease from 1 March 2026 to 29 February 2028. In terms of that agreement, Bathu was expected to pay more than R57,000 for the shop, R1,000 for the storeroom, R2,800 for marketing and administration costs of R1,500.
The papers further state that Baloyi signed suretyship agreements on 15 February 2021 and 28 May 2024, binding himself as surety and co-principal debtor for Bathu’s obligations.
“The first defendant breached the terms of the lease agreement by failing to make payment as agreed of the monthly rental and charges and is presently in arrears in the amount/balance of R263,191.94,” read the court papers.
The entities claim that despite demands for payment being made to Bathu and Baloyi, the arrears remain unpaid. They further allege that the breach has resulted in damages exceeding R1 million.
“This total amount of R1,091,443.18 represents the fair and reasonable value of damages suffered by the lessor as a result of the early termination of the lease agreement (as amended) having regard to both the applied probability of re-letting the relevant commercial leased premises in the current market trends during the un-expired period of the lease agreement (as amended), as well as the applied and relevant formula and rate of discounting,” read the papers.
The landlords say they subsequently cancelled the lease agreement and are now seeking an order compelling Bathu to vacate the premises.
“Ejectment, forthwith, of the first defendant and anyone claiming occupation through the First Defendant from the commercial leased premises,” the court papers state.
Baloyi said he was not aware that the owners of the mall have taken him to court. He claims they have met all their rental obligation and were not arrears.
