Masingita Group of Companies faces questions over seven-day approval for Malamulele Mall land

A property known as the Old Malamulele High School is at the centre of questions over land-use approval, alleged preferential treatment and a legal dispute involving a rival developer and the Collins Chabane Local Municipality.

The Masingita Group of Companies is facing questions over how it secured land-use approval for its planned Malamulele Mall in Limpopo in just seven days, with the property allegedly earmarked for a local high school.

The group is scheduled to break ground soon, but the speed of the approval process has raised questions about whether the developer followed the required land-use procedures or received preferential treatment.

Land zoned for school

At the centre of the dispute is a parcel of land initially designated for Malamulele High School.

Questions have emerged about how the property was acquired and granted business rights for a commercial development, whether the public was given an opportunity to participate and comment, and what legal basis the municipality relied on to approve the change.

The allegations come as a separate developer, who says he invested millions of rand in plans for a shopping mall in the same area, remains unable to proceed with his project because of a court dispute over the land, which he believes is a concerted effort to frustrate his strides.

Masingita Group refers questions to the municipality

Founded by Dr Mike Nkuna, the Masingita Group of Companies has developed shopping centres across South Africa. Its latest mall to open is Fleurhof Mall in Roodepoort, Gauteng, which it co-developed with Abcon Developments.

However, questions surrounding its planned Malamulele Mall have prompted scrutiny of the land acquisition and approval process.

When approached by The Citizen, the group declined to respond to questions about the matter and referred the publication to the municipality.

“We note your enquiry below. However, we are not able to respond to matters that are within the regulatory control of the municipality,” the group said.

Malamulele falls under the Collins Chabane Local Municipality, which is led by ANC mayor Shadrack Maluleke.

The Citizen contacted the municipality on Monday for comment on the approval process, the property’s zoning and the allegations of preferential treatment and will include its response when received.

Rival developer invests millions before Masingita acquired land

The dispute dates back to November 2024, when property development company Yinhla Property Development, led by Yinhla Maluleke, began working to develop an enclosed shopping centre in Malamulele.

To date, he claims he has invested millions in pre-development work and fulfilled all obligations set out in the sale agreement between the company and the seller, the municipality.

Maluleke told The Citizen he bought the properties with inherent business rights and entered into a land sale agreement with the municipality, which required him to develop the shopping complex within three years.

The land he intended to develop is approximately 1km from the site where the Masingita Group plans to build its mall.

According to papers, the Masingita Group acquired its property on 11 November 2025, almost a year after his own development process began.

He alleges that the group had obtained business rights by 18 November 2025, just seven days after acquiring the land. That timeline has become a central point of contention.

Maluleke argues that a process involving the necessary land-use applications, public participation and municipal consideration would ordinarily take substantially longer than a week. In some instances, it could take nine months.

The seven-day period alone raises questions. The critical question is what approvals were required for the specific property, whether they had already been obtained and whether the municipality followed the applicable procedures.

Where is the rezoning application?

South African municipalities regulate land use through legislation, including the Spatial Planning and Land Use Management Act (SPLUMA), alongside their own planning by-laws and land-use schemes.

Depending on the property’s existing zoning, the proposed development and the applicable municipal rules, a change in land use may require a formal application, public notification, consideration of objections and a decision by the relevant municipal planning authority.

The process may also involve referrals to municipal departments and an amendment to the land-use scheme.

Procedures not followed

Maluleke alleges that the Masingita Group did not follow the required procedures. He also claims there is no record of a rezoning application for the property and certain officials within the municipality flouted the municipality’s town planning regulations.

That allegation raises several questions for the municipality: Was a rezoning application submitted? Was the property already zoned for business use? Which authority approved the development, and on what date? Were affected residents and other interested parties notified?

The answers are critical to establishing whether the approval was lawful.

Without the relevant application records, zoning maps, municipal decisions and notices, it is not possible to independently establish whether the process was bypassed or whether the development was approved under an existing land-use entitlement.

One-page certificate raises questions over school site’s zoning

According to Maluleke, the Masingita Group holds a one-page certificate that identifies the municipality as the applicant, describes the land use as “vacant” and records the zoning as “Business 3”.

He questions how land allegedly zoned for a high school could be designated for commercial development without a clear, publicly documented process. In processes like these, residents must have an opportunity to participate because they are directly affected.

The reported zoning is particularly significant because it may determine which activities are permitted on the property. Maluleke added that a liquor outlet is now a permitted use on the former school site.

However, the certificate’s existence and wording alone do not establish whether the zoning changed lawfully. That would require verification against the property’s title and cadastral records, the applicable land-use scheme, the approval documents and any relevant municipal resolutions.

“If the scheme maps adopted in 2023 already showed Erf 398 as Business 3, the municipality must explain how a school site came to be zoned for a mall before anyone had bought it. If they did not, the certificate has no visible legal foundation, and everything built on it stands on the same ground,” Maluleke said.

Court dispute blocks rival developer’s plans

The land dispute has since moved to court. Collins Chabane Local Municipality has reportedly been interdicted from transferring the property to Maluleke after Jan Nkune, who claims to be the brother of Masingita Group founder Mike Nkuna, alleged in court papers that the land belongs to the Nkune family.

The matter is understood to remain before the courts. The legal dispute has left Maluleke unable to proceed with his planned shopping centre while the ownership question remains unresolved.

He also claims to have lost prospective tenants who had committed to leasing retail space in his development, with some allegedly indicating that they would instead take up space at the planned Malamulele Mall.

The Masingita Group’s mall is expected to open in August 2027.