​I am happy to announce that the South Gauteng High Court, today, ordered Mr Selvan Crole Marcelle, also known as Pastor Elijah Tenkwee, to cease unlawfully operating his Yeoville based church at once.
 
This follows numerous complaints by the community.
 
The church operated in contravention of City by-laws relating to building and land use. News of the church’s illegal operation was brought to the City’s Building Development Management Department (BDM) in November 2016.
 
I and the MMC for Development Planning, Cllr Funzela Ngobeni, were invited to a meeting organised by members of the Yeoville community in March this year in order to discuss the matter.
 
Upon inspection of several alleged illegal churches in the area, I was shocked and dismayed to discover that churches were operating in residential dwellings that had been converted to house these churches.
 
In respect of Mr Marcelle’s church, additions and alterations had been made to the dwelling without approval from the City. Furthermore, the operations of the church often resulted in loud music being played into the early hours of the morning – disturbing the peace of residents in the area.
 
The City subsequently served Mr Marcelle with contravention notices to stop all activities, including a final notice. Despite this, and continuous appeals by the City, Mr Marcelle failed to adhere to the City’s lawful instructions.
 
As a result, today, the Court:
 
·       interdicted Mr Marcelle from using the property for any purpose other than a dwelling;
·       ordered that the property may not be used as a place of worship;
·       ordered the removal of all property, materials and equipment used for the purposes of a place of worship; and
·       ordered that Mr Marcelle rehabilitate the property back to a residential dwelling.
 
Should Mr Marcelle fail to comply with the Court’s order within 30 days, the Sheriff of the Court will be empowered to enforce the orders.
 
Whilst the City believes in promoting and protecting the religious practices of all our residents, such cannot come at the expense of the rule of law within the City.
 
Under the new administration, the City is determined to bring contraveners of building and land-use regulations such as Mr Marcelle to book as part of our plan to revitalise the inner city.
 
To demonstrate this administration’s resolve, in the recent budget adjustment, R31 million was allocated for 1500 more JMPD officers who will enhance visible policing within Johannesburg.  This includes the enforcement of the City’s by-laws.
 
The City will also be making use of the recently revived municipal courts to fast-track the legal process for addressing building control and land-use contraventions.
 
Today’s court ruling is a victory for the community of Yeoville, and indeed, the rule of law in our City.
 
Cllr Herman Mashaba
Executive Mayor
City of Johannesburg
 
For further information, please contact:
 
Karabo Tledima
Media Specialist: Private Office of the Executive Mayor
081 546 1014
KaraboT@joburg.org.za