STELLENBOSCH – What investors hoped would be a permanent premium tourism destination for the Western Cape has now closed its doors as the management of Root44 claim “no support” from the Stellenbosch Municipality.

According to the team behind Root44 Market, located on the Audacia farm along the R44 on the outskirts of Stellenbosch, the market is closed until further notice.

“There was no single tipping point. The closure was the result of years of regulatory uncertainty, planning delays, restrictive operating conditions and the inability to fully utilise the property as originally intended. Combined with increasing financial pressure, those factors ultimately made it impossible to continue operating the market on a sustainable basis,” management told Eikestadnuus.

Strained relationship

For its part, the municipality released a statement on Wednesday 1 July to “clarify the facts regarding the Root44 Market,” stating it has a legal responsibility to ensure that development takes place in accordance with approved planning, policies, environmental legislation and the rule of law.

Tensions between the Root44 developers and the local municipality have been strained for years.

According to the municipality, the Root44 team attempted to implement land uses which were not properly applied for or permitted.

In 2009 the municipality approved the development of a wine emporium at the location, but this permit was not used until 2020 when the emporium officially opened its doors mid-December.

However, while the emporium was only opened a decade after the necessary land-use application was granted, the Root44 market had been operating from the site since 2012.

The Stellenbosch Municipality granted a temporary land-use departure, valid for five years, and the popular Root44 farmers’ market was born.

In 2017, Root44 applied for a permanent market, which the municipality’s Municipal Planning Tribunal granted, but with a caveat – the space could either be a wine emporium or a market, not both.

According to the municipality, allowing both operations would have a significant traffic impact and could transform the space into a commercial shopping destination – a fixture not sought in a rural area.

‘A tourism destination’

Ultimately, Root44 kept its approval for the wine emporium and so “the application for a permanent, formalised Root44 Market could not be implemented”, the municipality stated.

A smaller, informal version of the market still continued until the Covid-19 lockdown period.

During lockdown, an upgrade to the site gave owners Dax and Irene Hunt the chance to build what they had envisioned for Root44.

So what started as food vendors in food trucks and hay bales and plastic chairs for seating was transformed into a sleek, state-of-the-art venue after a permanent structure was built.

In September 2020 the Daxcon Development Trust applied for a land-use application to permit the sale of liquor. In 2021, the municipality granted a Temporary Occupancy Certificate (TOC), which allowed for on-site consumption of wine but limited liquor sales, which is what Root44 wanted.

“Root44 was developed as a tourism destination rather than simply a traditional market. The inability to offer broader liquor sales, together with restrictions affecting hospitality and events, reduced the property’s competitiveness, limited revenue opportunities and affected its ability to attract conferences, private functions, and destination tourism,” management told Eikestadnuus.

“The liquor issue was one part of a much broader picture, but it undoubtedly affected the long-term commercial viability of the business.”

Daxcon continued its application to sell various liquors and, for its part, the municipality wanted various supporting documents, including an updated Traffic Impact Assessment (TIA) for the application.

A new TIA was eventually submitted to the municipality under protest in 2023.

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Back-and-forth

“Over several years, we submitted applications, appointed specialist consultants, complied with requests for additional information and invested substantially in the development.

“Despite these efforts, applications were delayed, operational restrictions were imposed, event applications were repeatedly declined, our liquor rights remained restricted, and approvals that would have allowed the business to operate sustainably were not forthcoming,” Root44 management said.

Along with the administrative back-and-forth, which also includes a court case, Root44 claims the municipality selectively enforced its own policies and has shown ongoing “financial, operational, and investor prejudice towards Root44”.

But in its statement, the Stellenbosch Municipality’s said the closure of the market rests squarely on the developers. “Stellenbosch Municipality remains committed to creating an environment that supports investment, economic growth and job creation. The municipality is fully aware of the economic importance of developments such as Root44 and the value they bring to local businesses, traders, and employment.

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“At the same time, the municipality has a legal responsibility to ensure that development takes place in accordance with approved planning policies, environmental legislation and the rule of law. Those responsibilities have guided every decision taken in this matter.”

Part of the market and wine emporium’s uncertainty also lies with the current sale of the property that houses it. While the market and emporium operated as separate entities, the property was listed for sale last July.

The Root44 team declined to comment on a possible buyer, saying it’s not in a position to comment on commercial negotiations.

“We believe [the property’s] future lies in a vision that embraces tourism, hospitality, events, family recreation and local entrepreneurship, supported by a planning framework that provides certainty and allows the property to operate to its full potential.”