Fashion designer Laduma Ngxokolo is embroiled in a new legal battle with businessman Phetolo Gitus Makoro over a long-running dispute linked to the purchase of the landmark Pyramid building in Eloff Street, Village Deep.
The latest court papers filed last month show that the dispute, which has been before the Johannesburg High Court since 2023, has shifted from the underlying property transaction to a procedural fight over whether Makoro and his company, KM3 Investments, should participate in mediation.
Ngxokolo is among South Africa’s most successful designers. Founded in 2010 his brand MaXhosa has grown into one of South Africa’s most recognised luxury fashion brands, drawing international attention for its distinctive use of African-inspired patterns, colours and knitwear.
MaXhosa is set to showcase its latest collection at Paris Fashion Week on September 28, marking another international milestone for the brand.
The iconic Pyramid building, which used to be a conference and event venue, was bought for R13m on auction by the MaXhosa founder in 2021. He paid R1.9m comprising a 10% deposit of R1.3m to the seller, Vegtu Investments, and R650 000 fee to conveyancers.
Following this, Makoro allegedly approached Ngxokolo, asking him to step aside from the transaction so that he could take over the purchase. Ngxokolo agreed on the condition that Makoro reimbursed him for the deposit he had already paid.
The latest phase of the matter focuses on whether the parties should attempt to settle their contractual dispute through mediation
Makoro appeared to acknowledge the arrangement in an email to Ngxokolo dated July 2 2021. He told the designer that his commitment, through the attorneys involved, was that Ngxokolo’s deposit would be paid in full.
But by November 2021, Ngxokolo was repeatedly asking Makoro when he would be reimbursed. In one email, he reminded Makoro to “stick to your word”.
By August 2022, Ngxokolo’s lawyers had become involved. A letter from Songezo Nyila Attorneys to Makoro, addressed to him through KM3 Investments, asked for a meeting to discuss the outstanding amount.
When those efforts failed to resolve the dispute, litigation followed.
The latest phase of the matter focuses on whether the parties should attempt to settle their contractual dispute through mediation.
Ngxokolo initially opposed mediation, arguing that it had little prospect of resolving the dispute because the parties had already attempted to engage with one another.
But after the Gauteng high court’s mediation directive came into effect on April 22 2025, he changed tack and agreed to mediation.
The mediation framework is a mandatory civil justice intervention. It requires litigants in Johannesburg and Pretoria to attempt court-annexed mediation before securing civil trial dates, aiming to cut severe court backlogs and reduce litigation costs.
Ngxokolo served KM3 Investments and Makoro with a notice agreeing to mediation on September 25 2025 and gave them 15 days to respond.
Ngxokolo ultimately withdrew the application on February 23 and said the litigation costs would stand over for determination in the main application
According to Ngxokolo’s latest heads of argument, they did not file the required response.
“The defendants refused or neglected to file their response in terms of the mediation protocol whereupon the plaintiff served an application to compel the defendants … to file their notice to agree or oppose mediation.”
Instead, Mokoro’s legal team raised several objections. Among them was Ngxokolo’s previous opposition to mediation. They also disputed whether the amended mediation notice had been properly served and said the notice of set-down had been served on short notice — only three weeks.
Ngxokolo’s lawyers rejected these objections, arguing that Mokoro had been properly served and should comply with the mediation directive.
“The respondents refused and/or neglected to file their rule 41A notice in terms of the directive.”
Litigation was then initially set down for February 4 2026, but Ngxokolo removed the application from the roll to give the respondents another opportunity to comply with the mediation process.
His lawyers then served an amplified mediation notice on February 5. A further application to compel the respondents was subsequently launched on February 17.
Ngxokolo ultimately withdrew the application on February 23 and said the litigation costs would stand over for determination in the main application.
Ngxokolo’s lawyer, Rea Khoabane, said the process was not intended to play out in public and that the details of mediation should remain confidential.
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