Popular sneaker retailer Bathu is being kicked out of Thavhani Mall in Thohoyandou, Limpopo, by its landlords after allegedly failing to pay rent for the shop it has occupied.
The heartbreaking news is likely to leave consumers of the proudly South African product worried that Bathu will collapse under a stock of heavy debts like its rival sneaker brand Drip, owned by Freddy Lekau.
Africa Daily can exclusively reveal that Thavhani Property Investment and Vukile Properties have filed papers in the Johannesburg High Court in which they are applying to evict Bathu from the mall and force it to pay them over R780 000 in arrears and damages suffered as a result of the breach of the lease agreement.
News that Bathu is being booted out of its Limpopo shop comes a few weeks after Africa Daily reported that the entity is being evicted from Springs Mall by the mall owners after it failed to keep up with its rental payments.
In the papers, which we have seen, Thavhani and Vukile said Bathu, whose official name is Bathu Swag, signed a lease agreement to occupy a shop at Thavhani Mall in Thohoyandou, Limpopo, to sell its sneakers.
Bathu, which is cited as the first respondent in the papers, was represented by its owner, Theo Baloyi, who signed the lease agreement on its behalf in Sandton, Johannesburg.
Baloyi also signed papers in Centurion on 3 August 2025, binding himself as surety and co-principal debtor.
In terms of the lease agreement, Bathu, which is trading as Avenue Exchange, agreed to pay a rental fee of over R34 400 per month, excluding value-added tax (VAT).
The entity also agreed to a marketing fee at the rate of five percent of the total monthly rental, calculated at R1 723.08, and over R400 for parking, excluding VAT.
This excluded water and electricity charges, which were to be billed according to monthly consumption.
After signing the agreement, Bathu agreed to pay a deposit of over R107 000 and other related charges.
It also agreed to pay a R3 000 administration fee.
The lease agreement was supposed to commence on 1 November 2022 and terminate on 31 October 2027.
“The first defendant enjoyed at all relevant times, and continues to enjoy, beneficial occupation of the commercial leased premises. No dispute has been declared.
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 of R124 308.34 in respect of the period up to and including May 2026,” read the papers.
Thavhani and Vukile said they had written letters to Baloyi and Bathu demanding payment of the arrears.
They said Bathu and Baloyi failed or neglected to pay the arrears, resulting in them cancelling the lease agreement.
“The defendants failed and/or neglected to pay, alternatively demand is made herewith.
The plaintiffs hereby cancel the lease agreement, as the plaintiffs are entitled to do, effective herewith.
As a result of the early cancellation of the lease agreement, the plaintiff suffered fair and reasonable damages in the amount of R789 386.35, being calculated for the period of June 2026 up to and including August 2027,” read the papers.
This consists of rent and other services from June 2026 to October 2026 amounting to just under R270 000, and a further R584 000 for the period from November 2026 to August 2027.
“This total amount of R789 386.35 represents the fair and reasonable value of damages suffered by the lessor as a result of the early termination of the lease agreement, having regard to both the applied probability of re-letting the relevant commercial leased premises in the current market trends during the unexpired period of the lease agreement, as well as the applied and relevant formula and rate of discounting.
This amount of R789 386.35 is presently due, owing and payable, which the first defendant, despite demand, fails and/or neglects to pay; alternatively, demand is made herewith,” read the papers.
Thavhani and Vukile also want an order to evict Bathu and its employees from the building.
“Ejectment, forthwith, of the first defendant and anyone claiming occupation through the first defendant at the commercial leased premises described as Thavhani Mall, situated in the township of Thohoyandou, Limpopo,” read the papers.
Baloyi ignored our phone calls and had not responded to our written questions at the time of publication
