City of Johannesburg, Randburg gym owner clash over legality of premises occupation
Body Conscious Gym's owner disputes claims of illegal occupation, citing a valid lease, paid utilities and missing documents after an enforcement raid shut down his business.
The owner of the Body Conscious Gym in Randburg has strongly disputed the City of Johannesburg’s account of events following a high-impact enforcement operation that saw his business shut down this week, claiming the city has mislaid key documentation that would confirm his legal right to occupy the premises.
According to Randburg Sun, the closure formed part of a broader operation in the Randburg CBD, led by citizen relationship and urban management regional director Sello Lemao and MMC Luyiso Masuku, with support from the Johannesburg Property Company, building control officials and law enforcement agencies.
City cites non-compliance
Lemao told reporters that the gym had no formal agreement with the city to occupy the premises and that the business being run there was not in keeping with what the building was designated for. He said the operator had also made several unauthorised structural changes to the property without the necessary approvals from the city.
Gym owner Andrew Collison flatly rejected this version of events. He claimed a long-term lease was in place, running until 2034, and that the building had in fact been constructed at the request of the Johannesburg Property Company and funded privately, which is why a long-term agreement had been signed in the first place.
“The City of Johannesburg has apparently mislaid the lease together with all other relevant documentation such as the approved plans,” Collison said.
He also denied that any structural alterations had been made to the property during his tenancy.
Dispute over utilities and meter
On the question of unpaid utility bills, City officials stated that the last recorded payment at the property was made in 2017. Collison disputed this, saying all invoices issued by utility suppliers had been settled and that neither the City nor any of the suppliers had produced a single unpaid invoice to support the claim.
Lemao said City officials had removed an electricity meter on the premises during a previous visit about four weeks ago after finding it did not correspond with city records. He alleged that someone had subsequently reconnected the supply illegally, a claim he said amounted to a criminal offence.
Collison gave a different account. He claimed the meter removed on March 12 had been installed by the City itself only two weeks earlier, and that its removal was carried out without notice or explanation. Following its removal, he said he contacted City Power, whose representative recommended a contractor to install a prepaid meter.
An alleged dispute arose when the City’s internal contractor requested a direct cash payment, which Collison declined. Another electrician was then employed to install the prepaid meter. He said City Power was being paid correctly through the prepaid system and suffered no financial loss.
Meeting set as tensions escalate
Collison acknowledged that he had been asked to contact the Johannesburg Property Company following the City’s visit on March 12. He said he had attempted to reach the head of leases and sales at JPC on five occasions through various means before eventually meeting with him on site on April 22.
A meeting to clarify the situation was subsequently scheduled for May 4.
What troubled officials most during the operation was what Lemao described as a pattern of deliberate non-compliance. He said criminal charges were now being considered against those responsible for the reconnections.
Masuku confirmed that the closures and cut-offs were part of a wider effort to address revenue losses the City was suffering across the Randburg CBD, where several properties in the complex had been identified as harbouring illegal occupants with unpaid service accounts.
Owner alleges intimidation
Collison, for his part, dismissed the operation in its entirety. He said the unannounced arrival of about 30 council employees, including members of the metro police, amounted to intimidation and had no legal basis. He said the gym was a small, community-based venue offering an affordable fitness alternative to larger chains and that the City’s actions had created an entirely unnecessary impasse.
“It is well documented that the City of Johannesburg and its satellite companies have serious issues around service delivery, and this is simply another example of members of the rate-paying public being harassed by officials who are effectively working in a vacuum,” alleged Collison.
He warned that should the City fail to reconsider its position, he would pursue the appropriate legal steps to have the matter resolved.
Lemao said the City intended to secure the premises and maintain a security presence going forward. He added that officials planned to remain active in Randburg every week until all outstanding issues of illegal occupation and service delivery irregularities in the area had been resolved.
“We are going to camp here in Randburg,” Lemao said.
The Randburg Sun has asked the City of Johannesburg for comment on Collison’s responses, but none was received at the time of publishing.
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Read original story on www.citizen.co.za