An iconic Sandton landmark and much-loved restaurant was under attack by unscrupulous individuals and corrupt officials. A corporate hijacking almost took place in middle of Sandton.

Background:    Since its inception the award-wining Truffles on the Park has become a beacon of beauty and unexpected culinary delight in the hustle and bustle of the Sandton metropolis. Located centrally in Sandton’s only Park, the restaurant is a haven for families and celebrations on weekends and a favorite for bankers’ business luncheons during the week. Voted best new SA restaurant in 2019. Voted best Upmarket Restaurant 2023/24. Voted best Vegetarian Friendly Restaurant in 2025.

More Background:      The impressive restaurant structure was erected on council land, financed by private individuals based on a lease between Johannesburg Property Company (JPC) and Aerial Display (remember the Hyundai Balloon operators?). Unfortunately, after Aerial Display lost the Hyundai advertising contract in 2017, they met financial difficulties and were liquidated in August 2018. This liquidation was not disclosed to the city, the creditors (= you, the tax payer) …nor the restaurant investors. Obliviously and in good faith - and after multiple engagement with JPC, the restaurant owners completed the restaurant project and started paying rent to the JPC as was the requirement of the original lease, even settling hundreds of thousands in back rentals on behalf of the delinquent Aerial Display. The restaurant opened on Valentine’s Day 2019 and has been paying monthly rental to the city since November 2018.

During the extended COVID lockdowns the owners dug deep into their own pockets and made huge personal sacrifices to keep paying their loyal staff, timeous rentals to the city, insurance and security for the park.

Since 2018 the restaurant owners continuously interacted with city officials to deviate the original lease to the actual restaurant owners to support the sizable private investment made into the public park and the rental payments made.

A de facto landlord-tenant situation has developed. A lease by behaviour - we pay rent, they accept the rent.

Finally, in December 2020, the city agreed to meet the restaurant owners and they committed – in a recorded meeting with the Acting Head of JPC, that they would work actively to have the lease justly deviated in favor of the de facto leaseholders. The deviation is still pending.

Truffles on the Park is committed to upliftment of the Park and has tried to engage with City Parks, the custodians of the park, to funnel part of the proceeds from the restaurant to upgrade the park for the benefit of the community. 

Every effort to work to engage meaningfully with City Parks has been averted and the restaurant owners are referred to a third party – Mushroom Park Activations (Pty) Ltd.

Mushroom Park Activations is mysteriously headed by a Francis Chikasha - a former director of Aerial Display and they claim that they have an agreement with City Parks to maintain the park, hold activations and events, recreation and leisure activities in the park in exchange for financial compensation....in your public park! 

When asked for a copy of this secret agreement and how it came about that these rights were awarded, lawyers’ letters are exchanged, referring the restaurant owners to the access of public information procedure PAIA and then abruptly shuts it down after a couple of weeks, claiming that records affecting us as tax payers and park users are not in the public domain.

Soon after, in what we believe is a direct retaliation of our ‘snooping’, on a busy Friday afternoon at Truffles on the Park, individuals claiming to act on behalf of City Parks arrives with four armed JMPD officers demanding that the restaurant owners be evicted and that they have come to confiscate the generator. Without an eviction order or any real legal standing, they are disbursed. [the altercation is recorded]

And then the harassment started for real. A lawyer shows up late at the restaurant threatening the staff and management with hostile take-over and loss of employment. 

Days later, lawyers and representatives of Mushroom Park Activations escorted by private security, arrive demanding a staff meeting after service to inform the staff of the restaurant take-over and their termination. SAPS’s is called and they disburse. Critical tax payers resource wasted.

Soon after, they arrive again to change the locks of the restaurant and confiscate the generator. Again SAPS’s is called and they disburse. Critical tax payers resource wasted.

And now for the last trick, Mushroom Park Activation claiming to be acting on behalf of City Park send a lawyers letter claiming to be empowered to police and enforce the by-laws stating that all city parks must be closed between 6pm and 6am daily. 

They arrive again at the park, this time with park rangers, threaten and intimidate the staff and guests...and are again disbursed by SAPS at your cost.

For four years, the restaurant has paid for 24-hour security in the public park…why now?

This is a hostile take-over attempt by Mushroom Park Activations to create economic and reputational harm to the restaurant using taxpayers resources and unscrupulous connections.

Mushroom Park Activations is advertising Truffles on the Park - Under New Management - in a newly formed entity known as “Johannesburg Parks Alliance” a new project to ostensibly “rejuvenate” Mushroom Farm Park. 

See www.actionimbizo.co.za

A great initiative which we support and wish to contribute towards, but not at the cost of Truffles on the Park and by presenting another opportunity for unscrupulous individuals to line their pockets, right under our noses in Sandton.

Fellow tax payers, friends of Mushroom Farm Park and Truffles patrons - let's ask for answers and prevent corrupt and wasteful spending of our much needed tax revenues.

Surely, we have the right to see what agreements our tax money are supporting and how the funds and benefits come back to us.

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Chronology of events confirming Truffles tenancy in the Park: 

In or around 2009 Aerial Display (Pty) Ltd (“AD”), duly represented by Mr Francis Chikasha ("FS") entered into a lease with Johannesburg Property Company (“JPC”) to operate a passenger balloon at Mushroom Farm Park (“the park”).

It was agreed, as part of this lease, that Aerial Display were obligated to upgrade the park, by attending to various additions, including paved parking, fencing, a guard house, irrigation, walkways, playground, lighting, and public toilets. All these upgrades were paid for by Hyundai, through a marketing agreement between Aerial Display and Hyundai in terms of which Hyundai branded the passenger balloon with its branding. The lease agreement included permissions to build and operate a restaurant within the park.

February 2018 – AD is liquidated
NB: this information was not shared with any parties and only discovered in December 2018
- AD continued to liaise with JPC as a ‘tenant’ despite being in rental arrears.

April/May 2018 - AD did not have sufficient capital to execute the restaurant project and invited investors to assist with the restaurant project.
May 2018  - Soul d’Afrique (Pty) Ltd  (SDA) was incorporated as a vehicle to fund, build and operate the restaurant. The spirit of the partnership was based on pro-rata investment to fund the build.

AD, its Shareholders and Directors have not contributed a single cent towards the erection of the restaurant, the fit-out and continued operation that would entitle them to a share in the business. On the contrary, they tried to extort Directors fees from a start-up!

July/August 2018 - SDA and AD met with JPC in order to ensure that the new company adhered to proper MFMA guidelines before investing in the restaurant building.
September 2018 - JPC advised AD to add SDA on the existing lease via a lease addendum with JPC
October 2018 – JPC allegedly refused to continue dialogue and SDA is forced to pay R129 546,37 in back rental due by AD to JPC – to enable the discussions
- SDA begins monthly rental payment as per the original lease between AD and JPC
November 2018 - Restaurant Structure was completed as per the original lease between AD and JPC
November 2018 – SDA paid R169 750,78 in 4 payments to Eskom as arrears on the AD account in order to secure electricity to the building

February 2019 – Restaurant launched to the public trading as Truffles on the Park with JPC, JCPZ and ward councillors present. The restaurant has been trading and paying rent since.
September 2019 – SDA continues to engage with JPC to deviate the lease and is again forced to pay R217 892,84 (= R347 438 in total) in back rental due by AD to JPC for the process to continue

March 2020 – National lockdown is declared
o The restaurant closed for 7 months
August 2020 – Eskom terminates the electrical connection to the account held by AD - despite SDA having settled the arrears
September 2020 – SDA opens a new electricity account with Eskom in the name of the business
September 2020 – restaurant reopens to the public
o   SDA pick up communication with JPC regarding the deviation of the lease agreement
November 2020 – SDA submits lease deviation application to JPC
o   JPC acknowledges receipt of deviation application
December 2020 – SDA meets with JPC (the meeting is recorded on audio and a transcript is available)
o   JPC acknowledge that SDA has erected the restaurant structure and has been operating since Feb 2019
o   JPC acknowledge that SDA has paid rental since Nov 2018
o   JPC acknowledge that SDA has a de facto lease, a lease by behaviour
o   JPC commits to review deviation application and to engage with Joburg Parks and Zoo (JPCZ)

2021 peaceful business, trying to recover from Covid...until in peak season trade... November 2021 - Mushroom Park Activations (MPA) attempt to confiscate a rented generator servicing the restaurant. This attempt fails as there is no grounds or official judgement to support this.

March 2022 - JPCZ arrive with armed JMPD to attempt to evict SDA
o   This attempt fails as there is no grounds or official judgement to support this
July 2022 – MPA arrive with legal counsel and inform SDA staff that they intent to take control of the premises, change locks and evict SDA from the building
o   SDA called in SAPS to intervene as there was no legal basis to support this
September 2022 – MPA sends communication on behalf of JCPZ informing SDA that the Park would be closed at 6pm
o   Communication from lawyers representing JCPZ is received by SDA confirming that JPCZ intended to insist of the closure of the park at 6pm
o   Representatives from MPA arrive to enforce the closure of the park at 6pm
o   SAPS are called to intervene and neutralise the situation
o   Representatives from MPA arrive for a second time in the month to enforce the closure of the park at 6pm
o   SAPS are called to intervene and neutralise the situation
September 2022 – SDA apply for an urgent interdict against MPA and JCPZ in high court.
October 2022 – matter is heard in high court by Judge Kuny
o   The high court rules in favour of SDA – an interim cease and desist from JPCZ and a stop to the harassment until the deviation has been affected or SDA is evicted

FACT:
SDA has on good faith invested in excess of R8,5 million in the construction and operation of an immovable structure - a successful restaurant - Truffles on the Park.
SDA has paid in excess of R1,2 million in Rentals to JPC...and keeps paying rent.
SDA has been a de facto tenant in the Mushroom Farm Park for close of four years
SDA provides permanent employment to over 45 people