COURT ORDERS EBONY PARK SUPERSPAR AND TOPS TO VACATE SHOPPING CENTRE

The Gauteng High Court in Johannesburg has ordered The SPAR Group Limited to vacate the premises occupied by SPAR Ebony Park and TOPS at SPAR at Ebony Park Shopping Centre by no later than 28 August 2026.

The judgment was delivered on 13 July 2026 by Acting Judge S van Aswegen following an urgent eviction application brought by Eco Energy Projects (Pty) Ltd, the new owner of the shopping centre.

Eco Energy Projects purchased the centre from Krisp Properties Commercial (Pty) Ltd and took transfer of the property on 26 May 2026.

The dispute centred on whether SPAR had validly renewed its lease before it expired on 30 April 2026.

According to the judgment, the original lease was concluded between the former property owner and Tortello Trading No 86 (Pty) Ltd, which operated a SPAR supermarket, TOPS at SPAR liquor store and related businesses from the premises.

In 2019, an agreement was concluded allowing The SPAR Group to take over the lease if certain circumstances occurred, including if Tortello Trading attempted to dispose of its business.

The court heard that Shoprite entered discussions during July 2025 about possibly acquiring Tortello Trading’s business. This triggered SPAR’s right to take over the existing lease.

SPAR exercised its option to take over the lease during October and November 2025 and formally assumed the tenant’s rights and obligations with effect from 1 December 2025.

However, the dispute arose after SPAR attempted to renew the lease for another five years.

SPAR argued that correspondence exchanged during August and October 2025 showed that the lease had been renewed. It maintained that it was therefore legally entitled to remain at the shopping centre beyond 30 April 2026.

The new owner disagreed and argued that SPAR had failed to exercise the renewal option within the required period.

Under the agreement, SPAR was required to give written notice of its intention to renew the lease at least six months before its expiry.

The court found that SPAR’s letter of 15 October 2025 only exercised its right to take over the existing lease. Although the letter mentioned that SPAR would be entitled to two further five-year renewal periods, it did not clearly state that SPAR was exercising the renewal option.

SPAR only sent an explicit renewal notice on 9 March 2026, less than two months before the lease was due to expire.

In that notice, SPAR stated that it elected to renew the lease for another five years. The court found that the notice was submitted too late and fell outside the prescribed renewal period.

The court also rejected SPAR’s argument that its continued occupation had created a month-to-month tenancy. It found that SPAR had already been informed that the lease would end and had been given until the end of June 2026 to leave the premises.

Eco Energy Projects told the court that it had negotiated a lease with Shoprite for the premises. The proposed agreement with Shoprite could not be finalised while SPAR remained in occupation.

The court found that Eco Energy Projects had established that it was the registered owner of the property and that SPAR had failed to prove that it had a lawful right to continue occupying the premises.

Judge Van Aswegen confirmed that the lease had terminated and ordered SPAR, together with everyone occupying the premises through it, to vacate by 28 August 2026.

Should SPAR fail to leave by the deadline, the sheriff has been authorised to take the necessary steps to remove the retailer from the premises on 29 August 2026.

SPAR was also ordered to pay the legal costs of the urgent application, including the costs of senior counsel.

The ruling could result in major changes at Ebony Park Shopping Centre, with Shoprite identified in the court papers as the proposed incoming tenant.

The judgment does not confirm when Shoprite will begin operating from the centre, as the finalisation and implementation of the proposed lease may still depend on SPAR vacating the premises and any further legal processes.

KAE News will approach the shopping centre management, The SPAR Group and Shoprite for comment and clarity on how the ruling will affect employees, tenants and customers.