SAHRC’s investigation into nightspots’ noise disturbances
The provincial office of the South African Human Rights Commission (SAHRC) is investigating two local night clubs for alleged human rights violations.
MBOMBELA – The residents surrounding the liquor establishment, Amakiti Bahati Night Club and Pool Hall, in Alie Van Bergen Street in White River, have reported the institution to the SAHRC.
Ward councillor Tersia Marshall has also received written confirmation from the SAHRC, as the complainant, that her submission about the excessive noise emanating from News Cafe in Mbombela is being investigated.
“Following an assessment of the complaint, the commission has determined that the complaint discloses a prima facie violation of the right to an environment that is not harmful to the health and well-being of a person, in terms of the Constitution,” the letter, dated November 25 read.
It first came to light during a municipal council meeting on November 28 that Amakiti Bahati was being investigated. It was also confirmed by the manager of the SAHRC in Brown Street, Eric Mokonyama.
It was further disclosed to the newspaper by a high-ranking official that the SAHRC questioned the City of Mbombela Local Municipality (CMLM) about what they are going to do about the noise disturbances.
A motion from Marshall, to move that the by-law enforcement unit of the municipality be more active over the weekends, in order to curb the sound pollution, was shot down by the mayor, Cllr Sibusiso Mathonsi during the meeting, due to the material financial implications it might have on the City.
ALSO READ: Countering the hate propagated by Julius Malema is our collective responsibility – IRR
Last month Lowvelder reported on how various stakeholders met to discuss the complaints regarding noise pollution. News Café and Coyotes Lounge were named as the main culprits but the disturbances have since died down somewhat.
Capt Ronel Bekker, the Nelspruit SAPS FLASH Commander, who chaired the meeting, stated that she has not received another complaint since the meeting. “My designated liquor officer has not issued any fines in terms of the Liquor Act to the two previously mentioned liquor outlets and according to us, they are also not trading past their prescribed operating times,” she said.
Lesley Tshishonge, the chief land use and advertising control manager of the CMLM, confirmed that the application of Coyotes Lounge in Anderson Street for amusement land use rights has since been approved.
However, News Café has still not applied for the right in terms of the Nelspruit Town Planning Scheme.
“Night club owners used to apply for a particular event to be held with the CMLM, where loud music is involved over weekends. Innibos for example; everybody knows it is a time-framed event where permission must be obtained from the municipality. These nightspot owners mistakenly assume that their liquor special events licence exempts them from applying for the necessary rights,” Tshishonge explained.
Joseph Ngala, the CMLM spokesman, told Lowvelder that the new noise bylaw was out for public comment until November 25. Upon considering the comments received, the by-law will again serve before council for final approval.
It will make provision for fines and for the confiscation of the devices used to infringe on the rights of others, “but it will not be the all-encompassing solution to all the City’s noise problems,” Ngala said.
Coenraad van den Bergh, the owner of Amakiti Bahati, alleged that he was only informed on Saturday evening of the noise complaint against him by the police. “The complaint is from the apartment building next to our premises. They claim that I have been terrorising them for the past 15 years, but construction of the residential building was only completed in 2008.
ALSO READ: Authorities meet with establishments on noise disturbances
“I have spent close to R1 million, only in 2008, in order to sound-proof my business, after I was closed by the city council for six months, on account of not being in possession of a special consent licence,” he said.
He added that he had won the arbitration against the city council in 2008 and reopened his business after taking the required precautions as requested by the council.
“This whole debacle began after new owners took ownership of the apartment building. If there is a problem, come and see me and I will do something about it,” he concluded.
News Café has been requested by the SAHRC to respond to the excessive noise allegations by no later than January 8, in terms of the letter addressed to them.
