A Magaliessig resident claimed Johannesburg City Parks and Zoo (JCPZ) had shown ‘double standards’ in how it enforces by-laws, after months of inaction over an unlawful fence built on city-owned land adjacent to the Heilbrunnen Bird Sanctuary.

Chris, a resident who asked to be identified only by his first name, lodged a formal complaint in April this year about the illegal structure at 2 Petroy Drive, which borders the protected bird habitat. Despite early acknowledgement from City Parks that the fence was unlawful, months went by without any visible action.

“The encroachment was acknowledged early on by officials, yet the matter languished for months without resolution. The fence deteriorated further and posed both a safety and environmental risk,” Chris said.

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It was only after the matter was escalated to senior City Parks management that a letter was sent to the property owner requesting the fence’s removal.

Even then, Chris said, there was no immediate enforcement or follow-up from the city. Emails show that while JCPZ acted swiftly in a similar case involving Mulberry Lane Estate, threatening fines and confiscation within days, the 2 Petroy Drive case dragged on for more than four months. The fence was eventually removed in late August, after what Chris described as ‘persistent community pressure’ rather than municipal initiative.

“It took over five months of repeated follow-ups before any action was taken. The difference in how the two cases were handled suggests a two-tier system of enforcement,” he claimed.

Chris also alleged that JCPZ halted a long-running volunteer programme led by Mulberry Lane Estate to maintain and rehabilitate the sanctuary.

“For years, our community removed litter, cleared invasive plants, and maintained the stream. Our efforts brought back water birds and guinea fowl after years of absence. But City Parks instructed us to stop, even threatening fines while an actual encroachment nearby was ignored for months.”

Since the suspension of the volunteer programme, residents said the sanctuary has again become overgrown and littered, undoing years of community work. JCPZ spokesperson Jenny Moodley acknowledged the concerns raised by Magaliessig residents.

She said regarding the boundary fence issue at 2 Petroy Drive, JCPZ confirms that the encroachment was acknowledged and addressed within a reasonable timeframe.

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“The property owner, who was in the process of relocating overseas, requested a short extension to remove the fence. This was granted based on the absence of immediate risk to wildlife and sanctuary users. The fence was removed within the agreed period, and the area has since been reintegrated into the sanctuary’s maintenance schedule.

“In contrast, the Mulberry Lane Estate case involved a fence that posed an immediate safety hazard to sanctuary users. Swift action was necessary to mitigate liability and ensure public safety. Each case was assessed on its own merits, with enforcement guided by environmental by-laws and risk factors.”

Regarding volunteer activities, she said the community was not instructed to cease their efforts. “Rather, volunteers were requested to follow formal procedures, including submitting a written proposal to the ecologist, Dear Mathwasa. This is standard practice for all partnerships involving sensitive ecological areas.

“We appreciate the passion and commitment shown by local volunteers who have dedicated time and effort to improving the sanctuary.”

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