A Beyers Park resident in Boksburg, on the East Rand, has accused the City of Ekurhuleni of failing to enforce its own by-laws after an alleged illegal spaza shop next to his home continued operating despite years of complaints, repeated enforcement action and ongoing legal processes, reports Boksburg Advertiser.

Mark du Plooy said he has submitted numerous complaints to the municipality. Among his latest concerns is the placement of cardboard between an electric fence and a boundary wall, which he believes poses a fire risk and is being used to conceal activities taking place on the property.

Du Plooy claimed that the business has repeatedly reopened after being closed by authorities, alleging that the continued non-compliance has negatively affected the safety and character of the neighbourhood as well as nearby property values.

In his complaint, he further alleged that the premises are being used for activities that contravene municipal by-laws and national legislation, including operating a business on residentially zoned land, unauthorised building alterations and illegal storage. He also raised concerns about alleged illegal dwellings at another nearby property, claiming a lack of enforcement has encouraged further by-law violations in the area.

The resident has called on the metro to conduct a multi-disciplinary enforcement operation involving various municipal departments, including the EMPD, emergency services and SAPS. He has also demanded the permanent closure of the business, the confiscation of stock and the enforcement of administrative penalties.

Metro details enforcement efforts

Responding to questions from the Boksburg Advertiser, the metro confirmed that City Planning officials have investigated the property on several occasions. According to the metro, the property is zoned ‘Residential One’, which does not permit business or storage uses.

Officials said an initial inspection on March 6, 2023, confirmed that the property was being used as a shop, and a contravention notice was issued the next day (March 7). A follow-up inspection took place the next month (April 6) and the matter was referred to Corporate Legal Services a week later (April 12). Administrative penalties were also imposed on the owner’s municipal account.

The metro said further inspections were conducted in February last year and again in April this year. Officials found that the property was being used as a shop, a storage facility and a dwelling for some employees.

The metro confirmed that the property owner had submitted a rezoning application, but this was refused by the Planning Tribunal. Notification of the decision was issued on July 4 last year and no appeal was lodged. Metro officials also confirmed that Building Control found no approved building plans for additions or alterations on the property.

According to the metro, current enforcement measures include ongoing administrative fines against the property owner and legal action in court to address the continued non-compliance.

During a recent visit to the property, this publication found the business operating as usual. One of the shop operators, who identified himself as Moshed, acknowledged that they are still in the process of obtaining the outstanding required approvals and certificates, including zoning-related permissions and a Certificate of Acceptability.

The shop, which is comparable in size to a small supermarket, was trading from the residential property adjacent to the complainant’s home at the time of the visit. While the metro confirmed that the property’s current zoning does not permit the existing business activities, legal processes to address the matter remain ongoing.

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