Noise after hours remains a headache for Mbombelans

According to Ward 15 Cllr Tersia Marshall, this issue has been ongoing for more than three years with no definite or permanent solution ever being reached. She also provided a timeline indicating that the new by-laws that will deal with these problems should have been published by now. 

The draft by-law first needs approval by the municipal council; this happened on June 27, 2019.

Then the public and other stakeholders may submit comments, but only after the general manager of public safety signs off the notice; this occurred on October 22, 2019.

Comments then go back to public safety for consideration, whereafter the final draft of the by-law goes back to the council for approval; it was approved on July 30, 2020.

It was expected to be published in the Government Gazette last Friday, but this did not happen. 

According to the senior manager of public safety law enforcement and security, Thulani V Mkhabela, everything has been done from the City of Mbombela Local Municipality’s (CMLM) side to get the by-law published. 

After attempts from both Lowvelder and Mkhabela’s office, his office managed to reach the Government Printing Works to enquire as to the reason for the by-law not being published. It is currently experiencing problems with its system and will provide an update on when publishing can be expected. 

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According to Marshall, “There exists a tacit social agreement between the City of Mbombela and the ratepayers of Mbombela. In terms of this social agreement, the ratepayers pay CMLM rates and taxes in return for services, which include services to be rendered by the by-law enforcement unit.

“For the past three years, there has been an outcry by ratepayers regarding the constant violation of their rights due to persisting disturbances and noise nuisances – this has fallen on deaf ears.”

Residents to whom Lowvelder spoke confirmed this with feelings of hopelessness.

Mkhabela recognised the municipality’s responsibility to ensure people’s rights are not infringed upon, and said this is their first goal. “From our side we are doing our best to assist as much as we can.”

He mentioned, however, that getting the by-law published will not solve all problems immediately, but this will go a long way in assisting with this and also other issues. 

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He said public drinking and liquor licences are also part of the problem. 

According to Capt Zandile Gqawa, spokesperson for the Nelspruit SAPS, they have recently received noise complaints, and are dealing with the situation. 

She could not provide specific names of establishments, but said some have received tickets from the police. Marshall also confirmed being aware of a “sting operation that recently took place”.

If people are not getting the assistance they require, she advised them to phone 066-480-1408 and to ask to speak to station commander, Maj Gen Dorah Xaba.

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Mkhabela provided the following after-hours number for the municipality: 013-753-3331

He said they are aiming to be proactive in their pursuit of this issue and there have been teams mobilised to patrol certain areas known for receiving complains. As confirmed by Gqawa, tickets have been issued to certain establishments already.

Mkhabela urged residents to lodge their complaints the moment it happens. Oftentimes he is on the receiving end of complaints on a Monday, but for incidents that occurred over the weekend, which makes them difficult to confirm. 

Further to the delays in the continuing process, Marshall said they are constantly reminded that the setbacks are due to the amalgamation of the Mbombela and Barberton municipalities initiated in 2016.

Mkhabela did mention that they have more responsibilities than just Mbombela and asked for understanding as noise complaints are not the only issues with which they deal. The councillor said various establishments are making themselves guilty of noise disturbance.

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“Some have addressed the problem to an extent and others simply do not comply, knowing that CMLM has no noise by-law to enforce.

“All establishments have the right to trade, but they cannot do so to the detriment of a community asking for silence at night. 

“The new by-law relating to streets, public places, the prevention of noise disturbance and noise nuisance will only be effective if we have proper enforcement thereof.” 

She said a municipality can have the best by-law and law on paper, but success comes down to the enforcement, which the municipality is currently struggling with.

Complaints have apparently been streaming in the last while, with some residents mentioning what a struggle it is to get a hold of law enforcement to report an incident.

One establishment is said to be a mere 500 metres away from the police station.

A WhatsApp group exists where community members attempt to keep track of incidents. Some have mentioned that, when phoning the municipality’s after-hours number, they have received mixed results, from very helpful to some employees refusing to assist. 

Marshall added that clubs are not the only perpetrators. “Student accommodation and other residents having parties, including street parties, are the latest battle. We can only hope that the new by-law, once promulgated, will assist ratepayers to have peaceful nights again.”