Court ruling restores Northern Cape High School's gym access after lockout
The High Court in Kimberley has ruled that Northern Cape High School must have its full weekday access to a gym restored.
Image: Freepik
A Northern Cape High School has won back its gym after a dispute that started on January 15, when personal trainer Helgard Hansen told the school’s rugby coaches and pupils they no longer had “his permission” to use the facility and threatened to call the police if they did.
The school had long used the gym as part of its sports facilities after converting an old bus-storage structure into what became known as the NCH Muscle Jungle.
The trust was established to safeguard the school’s interests in the surrounding sports grounds held the right to use that portion of the property on the school’s behalf.
Hansen, through Hansen Elite Wellness, was allowed to provide training to certain sports teams at set times, but the school said this did not give him exclusive control of the gym or any authority to block pupil access.
This week, the High Court in Kimberley ordered Hansen and his company, Hansen Elite Wellness, to “forthwith restore to the applicant its undisturbed possession and use of the gymnasium facility… between 15h00 and 17h00 during the weekdays”
Deputy Judge President Violet Phatshoane granted the spoliation order, finding that the school had been unlawfully deprived of access to its own gym, which it built after converting the old shed using funds that included support from the National Lotteries Commission.
The case began on an urgent basis in January after the school argued that it and its pupils had always used the facility between 15h00 and 17h00 on weekdays, and that it had been “despoiled of possession” when Hansen barred entry.
The court heard that Hansen messaged rugby organiser Zandré Swartz on 15 January saying the coaches and teams no longer had “his permission” to enter what he referred to as “his facility”.
The court noted that the trust that manages the school’s sports grounds, the Adnitor Trust, had long-standing rights to undisturbed use of the property thanks to a 2008 settlement agreement with Sol Plaatje Municipality. This included the portion on which the gym stands.
According to the school’s papers, pupils had used the gym “with or without engaging the training services of Mr Hansen”.
Hansen, however, said he had always been in “exclusive control” of the space, opened and locked it daily, and allowed access only with his consent.
He further said he had an arrangement to use the facility in exchange for providing strength and conditioning services.
The court found that the dispute did not turn on ownership or on the broader disagreements involving the trust, but on whether the school had been in peaceful possession and whether that possession had been disturbed.
Hansen was ordered to restore access immediately and to pay the costs. Learners may now return to the Muscle Jungle for their weekday training sessions without the earlier restrictions on entry.
IOL BUSINESS