The Georgiou Boutique Hotel and Spa in Port Elizabeth has lost yet another court battle with Nelson Mandela Bay Metro and will have to close its wellness spa. A Daily Dispatch report says Yvette Georgiou failed in her appeal to a full Bench of the Eastern Cape High Court (Grahamstown) against a judgment in terms of which she and her husband Phillip were interdicted from operating a health spa at their luxury Kragga Kamma home.

The Georgious have battled the metro in and out of court for their right to run the hotel and spa for close on a decade. Despite the fact that the metro had explicitly refused Yvette consent to operate the spa and had made their consent to her operating the guesthouse subject to her closing the spa, Yvette claimed in court papers she could lawfully do both. She relied on a little-known regulation in the municipality’s Zoning Scheme Regulations in terms of which it is permissible for a resident to practise an occupation from their home ‘at the pleasure of the council’ under certain conditions.

She said she therefore had implicit consent. It was argued that in terms of this regulation she could operate any business from home without notice or application to the metro. But a full Bench of the High Court rejected this. Judge Clive Plasket, with judges Judith Roberson and Murray Lowe agreeing, said her reliance on this regulation was an afterthought. The court dismissed her appeal and ordered her to pay the costs.

Full Daily Dispatch report (subscription needed)