For nearly a year, an island-shaped stand in Malvern – divided between a private owner on one side and Rand Water on the other – has been taken over in its entirety by an illegal business operation that now sprawls across both erven.
What began as a small car wash has expanded into gas sales, a takeaway food outlet, a workshop and an enclosed yard, all operating openly in defiance of zoning laws, safety regulations and repeated interventions by municipal officials.
Despite inspections, fines, stop notices, a court summons, community complaints and even an arrest, the City of Joburg has failed to halt the activities on the privately owned portion.
Illegal business fences off land and limits access to vital water infrastructure
Rand Water – which identified unlawful occupation of its land months ago – likewise took no visible action until approached by Our City News.
As a result, a critical Rand Water valve chamber providing access to bulk-water infrastructure now sits fenced inside the operation, boxed in behind locked gates and a large shipping container, leaving the utility unable to reach vital pipelines in an emergency.
The stand – a literal island between Galteemore, Pandora and a slip road – comprises erf 1798, owned by estate agent Basil Rogers, and erf 1799 owned by Rand Water.
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For years, residents and City Parks believed the land belonged to the city.
The deeds office shows this was never the case, allowing the takeover to take hold before authorities intervened.
Over the past year, occupier Tebogo Cholo has laid a concrete slab, erected two unapproved toilets, placed a shipping container on Rand Water’s land and fenced off both erven – enclosing the utility’s valve chamber.
If pipe bursts, Rand Wate may not reach valve
If a major pipe bursts, Rand Water may not be able to reach the valve to shut it off. The takeover began in October 2024, when Rogers discovered Cholo operating a car wash on his property.
The two struck a private cash deal: Cholo paid R100 000 and undertook to settle R174 000 in municipal arrears so the transfer could proceed. Cholo never paid the arrears and Rogers remains the legal owner.
Residents say that in December 2024, Cholo used a mechanical digger to excavate Galteemore Road and illegally connect to a pre-school’s water line.
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Over the year, he allegedly had four illegal water connections removed and in May was arrested after interfering with Joburg Water staff during a disconnection. The case was dismissed when the Johannesburg Metro Police Department did not appear.
The municipal court later summoned Rogers to answer for unlawful land-use activities. The magistrate ruled that he is not the occupier and cannot be held liable.
Matter dismissed
The matter was dismissed, and the city was instructed to trace Cholo and issue a Section 54 summons. City spokesperson Nthatisi Modingoane said the site violates multiple laws.
“The property is obtaining water through an illegal connection. There is no active Joburg Water meter linked to this account.”
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