Noisemaker violates by-laws

TEKWANE – It is that time of year when people party left and right in celebration of the festive season. However, such festives always infringe on other’s rights concerning sound and music.

Residents of Tekwane South have recently complained to this publication of a dweller who blasts his music.

One of the complainants,Mr Sibusiso Khumalo, says the man in question – his neighbour – plays excessively loud music, much louder than anybody else.

“The loud music shakes the windows and walls of my house,” he said.

Khumalo added that it is a serious inconvenience – he is a teacher who has to concentrate when marking homework and scripts. It also disturbs the school children living in the area, as they need to concentrate on their studies.

“The noise causes significant disturbance to those who are writing their final exams. I view the action of my neighbour as a gross violation of our rights as the community. At times the music will be played from sunrise to sunset, he is just a stubborn noisemaker,” he said.

The complainant had tried several times to talk to his neighbour, but to no avail.

According to Khumalo, the matter has been reported to all relevant stakeholders including the ward committee, the councillor (CPF) Community Police Forum members and SAPS. “They have approached him, in vain. All we need is assistance because his loud music is disturbing others,” he said.

According to City of Mbombela Local Municipality’s noise abatement by-laws of 1992, no person shall: in any street or public place in or on any premises between 22:00 and 06:00 shout, sing or otherwise make any loud noise. Nor shall they operate, play or sanction the operation or performing of any radio, television set, phonograph drum, musical instrument, sound amplifier or similar device which produces or reproduces amplified sound.

The by-laws also state that any person who contravenes or fails to comply with the provision of the law shall be guilty of an offence and shall upon conviction be liable to a fine not exceeding R300 or be imprisoned for a period not exceeding 12 months or receive both a fine and imprisonment. In case of a continued offence, the offender shall be fined an amount not exceeding R200 each day, on which the offence continues.

Attempts to get input from Mr Joseph Ngala, spokesperson for the municipality, proved fruitless.

  AUTHOR
Thobile Mlangeni
Journalist

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