KRRA wins court order to enforce by-laws

A long battle to ensure by-law enforcement in the Kensington area has been won by the Kensington Residents and Ratepayers Association (KRRA).

“The association has shown that home owners and residents have the power to force the city to act when it turns its back on its own laws and fails to safeguard the rights of citizens. This is not an isolated instance and the problem is not confined to Kensington,” said André Grobler, chairperson of KRRA.

The Gauteng Local Division of the High Court of South Africa granted the court order which compels the owners of a backpackers hostel to demolish all unlawful structures at the cost of the owners. It also authorises other action to ensure the hostel stops operating in an area that is not zoned for business.

The Sheriff of the Court was also ordered to remove all furniture pertaining to the accommodation of backpackers, renting of rooms, business accommodation, hostel and any other business from the premises, which are spread across six stands in Kensington.

The Sheriff of the Court was also ordered to ensure the illegal use of the property is ceased and that the interdict is adhered to.

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In its papers to the court, KRRA pointed out that the establishment accommodated up to 43 long-term and short-term paying guests in addition to staff who reside on the premises, detailed the association’s attempts to secure enforcement of laws by municipal authorities and the police, and the owners’ failure to adhere to notices issued by City of Joburg to cease operating due to contravention of zoning requirements.

KRRA, with the assistance of Schindlers Attorneys, collected the information prior to the matter going before the courts.

“In many residential areas of Johannesburg, illegal businesses are springing up, infringing building and trading laws, causing a disturbance to residents living nearby and threatening the value of homes which families have often struggled to acquire,” said Grobler.

“This court victory was made possible by the resident because of all the evidence and the complaints they made, which were tabled as evidence.”

Residents complained about noise levels, dumping of building rubble in the service lane, endangerment of neighbouring houses due to a lack of fire prevention systems and unhygienic conditions caused by the overflow of refuse.

Residents claimed there was not sufficient parking for guests and tenants, which caused congestion.

Professor Leila Patel, a member of the KRRA by-law committee, said lack of by-law enforcement has implications far beyond the unpleasantness endured by residents who are directly affected.

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“Kensington has become a wonderfully diverse suburb. It is a charming heritage neighbourhood with affordable entry-level homes and good public facilities, good government, lovely parks and sports amenities. It is an area that helps advance the integration of the city that contributes to the erasure of the apartheid legacy. We cannot allow something so valuable to be degraded and destroyed by bureaucratic inertia in enforcing sound planning principles,” said Patel.

Grobler said this was a joint effort and proved working together can bring positive results.

“This is a significant victory for the residents of Kensington and our quest to hold the city accountable to enforce its by-laws to ensure private individuals comply with the law.

“We thank all those who worked hard on this. The KRRA by-law committee worked tirelessly to achieve this victory supported by Schindlers Attorneys, who brought the action on behalf of the residents on a pro bono basis.

“KRRA will be disseminating news of the court ruling widely to other residents’ associations in Johannesburg facing similar challenges,” said Grobler.