Community clashes with Centurion business over by-law infringements

Residents near Jay’s African Cuisine in Lyttelton are calling for better enforcement of by-laws and urgent action to restore peace in their community.

Many residents allege that they have endured more than two years of late-night noise, public disturbances, and other possibly unlawful operations linked to the popular establishment on Jean Avenue.

Martin Henning, who lives 3km from the venue, said the music has become unbearable and directly impacts his quality of life.

“The music is so loud that we can’t sleep, even on Monday mornings, until 01:30,” he said.

Henning explained that despite taking video evidence and alerting authorities, nothing has changed.

“The police try to control the situation, but the owner goes to the police station and files charges against them. We are working on a petition that we hope will help with this situation.”

Henning stated that the petition, which will be finalised by the 27th of this month, will be handed over to Councillor Wesley Jacobs.

He added that the establishment’s activities are driving down property values.

“No one will want to stay in an area where this happens. We don’t mind a club in the community, but it must follow the rules. We want music to stop by 22:00. I’ve been dealing with this since early 2022, and nothing has changed,” he said.

Stacey Spangenberg, another resident, said the noise is especially disruptive on weekends.

“There is often noise coming from the establishment every weekend, especially on Sundays. It goes on until the early hours of the morning.”

She said this has been happening for more than two years now.

“I signed the petition that was started to have the establishment closed down. I don’t want it to stop operating completely, but I want them to follow business laws,” she said.

Tshwane metro spokesperson Lindela Mashigo confirmed that the city’s municipal health services division has received more than 20 complaints from residents about Jay’s African Cuisine.

He said none of the complainants were willing to provide affidavits to enable court proceedings, but noise measurements had been conducted and were found to be above the legal limit.

Mashigo said a prohibition notice was issued against the establishment and remains in force.

However, he explained that enforcement has been difficult.

“Even in a joint operation with the Tshwane Metro Police Department and the SAPS, the department has not been able to obtain the legal identification documents of the person in charge, making it impossible to take further legal action.

“Due to the lack of co-operation by the owner, the city is working with other relevant key stakeholders, including the security cluster and planning department, to explore strategies to address this matter within the prevailing legislative framework,” he said.

Mashigo confirmed that the property is zoned as a ‘place of refreshment and amusement’, but that the business failed health inspections.

“The premises did not meet the requirements of the regulations governing general hygiene requirements for food premises, the transport of food, and related matters,” he said.

He added that while the establishment does hold a liquor licence issued by the provincial liquor board, it does not have a trade licence.

“During our team’s inspection, it was discovered that the establishment only has a liquor licence, which was issued by the provincial liquor board.

“Our inspectors then issued a notice of compliance to the owners, giving them seven days to apply for a trade licence.”

Mashigo said the Department of Health will propose another joint operation with TMPD and SAPS through the Integrated By-law Enforcement Committee to deal with noise, disorderly conduct, and other disruptions.

He added that the metro was not aware of any petition from residents.

PR Councillor Wesley Jacobs of the Freedom Front Plus, who is leading the petition effort, said residents and businesses are demanding decisive action.

“The petition calls for the immediate implementation and enforcement of prohibition orders, the permanent closure of Jay’s African Cuisine, and the revocation of any pending or unauthorised permits, including its liquor licence.”

He said the business has continued to operate unlawfully despite being prohibited, and this cannot go on any longer.

Jacobs added that residents want SAPS to intervene and ensure the full might of the law is applied, including fines or even jail sentences if necessary.

He detailed the grounds for closure, which include violations of food premises standards after a prohibition notice was issued on August 1, 2024, under the Foodstuffs, Cosmetics and Disinfectants Act.

“The business was prohibited from trading until further notice, but continues to operate unlawfully, with the owner refusing to sign or acknowledge official notices.

“There is also excessive noise pollution, in violation of the Gauteng Noise Control Regulations, the unlawful sale and consumption of alcohol, and improper land use.”

Jacobs said Jay’s African Cuisine is zoned only as a place of refreshment but is operating as a nightclub without proper authorisation, and is in violation of the Spatial Planning and Land Use Management Act.

Other concerns include failure to comply with health, fire, and safety standards, as well as public disorder in the area, such as drunken behaviour, loitering, reckless driving, and motorbike racing.

Ward 57 Councillor David Farquharson, of the DA, said he has received numerous complaints from residents about the establishment, yet little has been done to provide relief.

“We’ve received many noise complaints, and the city has previously issued notices but done nothing to stop the noise and disaster happening there.”

Farquharson explained that while the disturbances had briefly subsided, they quickly returned with greater intensity.

“Residents have complained for a long time. The noise stopped for a bit but then restarted and got worse,” he said.

Farquharson added that he has repeatedly raised the matter at regional council meetings, asking when noise by-laws will finally be enforced, particularly in Region 4.

He acknowledged that Jay’s African Cuisine is not the only business at the centre of such complaints, but warned that many similar cases are simply left unresolved.

In response to these accusations, owner Jay Tjale rejected claims of non-compliance and described the petition as a targeted attack on his business.

“We are aware that a group of individuals are circulating a petition aimed at closing down or even possibly restricting our business operations.

“These are the same individuals who reported us to authorities last year, but after a thorough inspection by high-ranking officials, they found us to be in compliance with all regulations and allowed us to continue operating,” he said.

Tjale insisted that his business has never received any official complaint from authorities regarding noise or operations.

“In fact, we were told that we are fully compliant and can operate as is. Our business poses no harm to anyone.

“No incidents of theft, injury, or danger have ever occurred on our premises. The noise levels go down at the time they are supposed to, as regulated by our trading hours, which are by-law approved,” he said.

Tjale said he was puzzled by the renewed petition, arguing that it appears aimed at disrupting his operations.

“We are also unsure of the intentions behind this petition, but it appears to be a targeted effort to disrupt our operations. We are committed to being good neighbours to the local community.”

Tjale said he hopes that the community will consider the potential consequences of these actions.

“We will continue to find ways to coexist peacefully with the community,” he said.

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