A prominent Bloemfontein businessman finds himself embroiled in a legal battle with the Free State MEC for Community Safety, Roads and Transport.

The dispute, centered on the use of land for the upcoming Lemo Fest at Green Park near Lemo Mall, was taken to the High Court in Bloemfontein on Friday (20/9).

MEC Jabu Mbalula filed court documents seeking an interdict to prevent Kenworth Group founder and CEO, Freddie Kenney, from erecting any structures or hosting the Lemo Fest on the disputed land without authorisation. According to court documents, Kenney, the first respondent in the case, has been ordered to pay the applicant's legal costs or face alternative relief.

Application rejected

Additionally, Kenney has been given 21 days to demolish any structures already erected on the site or the department will step in to remove them at Kenney’s expense.

The conflict arises from the businessman’s attempt to secure a five-year permit to host events at Green Park, following the success of the inaugural Lemo Mall National Cultural Festival in 2023. However, the department rejected his application in February.

Tent structure completed at Lemo Green Park for upcoming Lemo Fest event. Photo: Facebook

Kenney nevertheless proceeded to construct both temporary and permanent structures on the site, which the department claims is a road reserve. According to the department’s legal representatives, Kenney’s construction violated the law, and he hasn’t applied for permission to host the festival this year, making both the structures and the event unlawful.

In a responding affidavit, Kenney argued the land in question was not exclusively for the mentioned roads, as previous events had been approved for the same location. He emphasised the Kenworth Group was merely involved in constructing the tent for Lemo Fest, while the event itself was being hosted by Price Chain (Pty) Ltd.

He also contended the department had been fully aware of his plans, as he had sought sponsorship from them in January. Kenney pointed out the Mangaung Marathon was held in May at the same location with the support of the Mangaung mayor and several high-ranking officials from the department disputing the upcoming event.

Kenney’s affidavit also outlined his efforts to comply with legal requirements. After being fined R147,275 for violating National Building Regulations, he submitted the necessary building plans and paid R23,000 in fees.

Despite his attempts to follow the process, the department issued a letter on 27 August ordering him to demolish the structures within 14 days. In response, Kenney launched an application last Friday (23/9), filing his answering affidavit by the 17th of the same month.

The stakes in this legal battle are high, with the tent structure for Lemo Fest estimated to accommodate 7,000 attendees and significant preparations already in motion.

According to Kenney, the event has created 386 jobs, and the total cost of the festival is currently calculated at over R9.5 million. Tickets have already been sold, and the festival is poised to be a significant economic driver for Mangung.

Kenney’s legal team also argued the department waited until the construction was nearly complete before filing an urgent application, which they believe was unfair. The court will now determine the future of Lemo Fest and whether Kenney’s construction on the disputed land will be allowed to proceed.

OFM News/Kekeletso Mosebetsi dg