Popular Durban beachfront establishment Surf Riders Café was ordered to vacate its premises at South Beach by Wednesday, September 30.
The eThekwini Municipality issued a notice to Lebotrax (Pty) Ltd, trading as Surf Riders Café, following the expiry of the business’s original lease and the conclusion of a process to appoint a new tenant.
The municipality has now issued a statement seeking to clarify the circumstances surrounding the notice, following social media posts and public speculation about the cafe’s future.
The original lease expired in 2019
According to the municipality, the tenant was originally awarded the premises following a public bidding process in 2013.
The initial lease period subsequently expired, and the tenant continued operating under a monthly lease.
The municipality said that, following appropriate notice, the tenant was called upon to vacate the premises.
In any event, the tenant had indicated its willingness to vacate on August 31, 2026, subject to certain unrelated issues, the City said.
Municipality says millions are owed
The municipality has instructed its attorneys to institute legal proceedings to recover outstanding rental charges, together with applicable interest.
It said the amount outstanding is substantial and runs into millions of rands.
The municipality said the notice to vacate does not affect any other claims it may have against the tenant, including outstanding rental, interest, damages, legal costs and any other amounts due.
Premises advertised for a new tenant
The municipality said the premises were subsequently advertised in November 2024 in accordance with the requirements of the Municipal Finance Management Act.
It said municipal properties must be leased through a fair, equitable, transparent and competitive process.
Following the conclusion of that process, the premises were awarded to another successful tenant, who is expected to take occupation shortly.
What happens to the premises?
- The notice requires Surf Riders Café to deliver vacant occupation of the premises to the municipality by September 30.
- The premises must be returned in the condition required under the original lease agreement.
- The municipality said the premises must be left clean, tidy, sanitary and in good repair.
- Any broken or damaged features, fixtures, fittings, windows, doors, panels or shopfronts must be repaired or replaced at the tenant’s expense.
- The cafe must also remove all people, belongings and equipment from the premises and ensure that anyone occupying the property through the business has vacated.
- All original and duplicate keys and access devices must be returned to the municipality.
- A joint inspection will be conducted before the formal handover, with the date and time to be arranged with the municipality.
Legal action if the premises are not vacated
The municipality warned that failure to vacate and deliver the premises in the required condition by September 30 could result in legal proceedings.
It said the notice does not waive any of its rights or claims against the tenant.
“The municipality reserves the right to institute or continue with the necessary legal proceedings,” it said.
A familiar Durban beachfront spot
Surf Riders Café is situated on Durban’s beachfront at South Beach, close to the promenade and uShaka Marine World.
The cafe is known for its surf-inspired atmosphere, ocean views and casual food, and has become a familiar stop for locals and visitors.
Its future at the South Beach premises is now in question following the municipality’s notice and the appointment of another tenant.
The municipality said it had placed the facts on record in the interests of transparency and to ensure the public is properly informed about the circumstances surrounding the vacation of the premises.
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