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 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. Rand Water -- which identified unlawful occupation of its land months ago -- likewise took no visible action until approached by this publication. 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. For years, residents and even 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.
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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. Residents warn that if a major pipe bursts, Rand Water may not be able to reach the valve required 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 that 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. Over the year, he allegedly had four illegal water connections removed, and in May was arrested after interfering with Johannesburg Water staff during a disconnection. The case was dismissed when JMPD failed to appear.
The Municipal Court later summoned Rogers to answer for unlawful land-use activities. The magistrate ruled that although he remains the owner, he is not the occupier and cannot be held liable. The matter was dismissed, and the City was instructed to trace Cholo and issue a Section 54 summons.
City confirms the entire operation is illegal
City spokesperson Nthatisi Modingoane said the site violates multiple laws. "The property was investigated and found to be obtaining water through an illegal connection. There is no active Johannesburg Water meter linked to this account. He does not have permission to run a car wash. The property is zoned Residential 1 and no rezoning or consent use has been approved. There are no business rights on the property. Unapproved structures may contravene the National Building Regulations."
On electricity, he said a meter was registered to Cholo in February 2025, but "since registration, only R150 units were purchased in February and R50 in March -- a total of R200. Such low or irregular purchasing often indicates possible tampering or an illegal connection." City Power will inspect the installation and disconnect or confiscate the meter if tampering is found.
EMS Fire Safety confirmed that no gas retail permit exists.
Rand Water: "He is an illegal occupant"
Rand Water spokesperson Makenosi Maroo said: "Mr Cholo does not have permission from Rand Water to occupy the land in question and is regarded as an illegal occupant encroaching on Rand Water property. Any activities undertaken on the land, including the erection of fencing, are unlawful".
In an emergency, said Maroo: "Rand Water would remove or demolish any structures that obstruct access to its infrastructure. We are in the process of evicting the individual and will consider fencing off the area to prevent further illegal occupation."
2 February 2026: confrontation during multi-department inspection
At a joint intervention involving Building Development Management, CRUM, EMS, Development Planning Law Enforcement, JMPD, Special Security Services and the Cleveland CPF chair, tensions escalated dramatically.
According to the inspection report, Cholo became aggressive, verbally abusing officials, refusing to provide identification and attempting to drive them off the property. He allegedly told them he had "marked their vehicles and faces" and threatened to "act against them" if they returned.
A worker escalated the confrontation by obstructing officials, showing them his middle finger, shouting "it's a free South Africa," and exposing himself in front of female officials.
The inspection report lists extensive ongoing violations and recommends a warrant of arrest, criminal charges, demolition of illegal structures, disconnection of all services, civil action for arrears, a legal interdict and demolition order, and impoundment of equipment. Residents say no visible enforcement followed.
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Cholo: "I am entitled to operate here"
In an interview, Cholo said he is being unfairly targeted. "I paid my deposit so I am entitled to operate here. I have applied for rezoning rights, and I have also applied for a permit to refill and sell gas. I have already put up safety structures for the gas bottles. Everyone around here is operating businesses without permits."
He said the illegal street excavation was done by his plumber and that his arrest was unjustified because "the case was thrown out". He denied having electricity despite wiring in his container, insisted structures are "temporary," and denied placing the container on Rand Water land.
Rogers declined to comment, saying only that Cholo began operating before transfer had gone through.
Ward councillor Neuren Petersen said residents are alarmed. "We cannot have people just digging roads where they feel like it."
CoJ's Modingoane said illegal business activities do trigger enforcement, yet a year after the first complaint the operation remains open daily, fenced across private and utility land and operating in full public view.
- This story first appeared in The Citizen
