Noise by-laws in Mbombela: a travesty
"Because a law is not a banana peel. It does not become sand after a few years," I thought.
The Ehlanzeni District Municipality (EDM) fails to uphold its noise-abatement mandate – dismally. It claims that this should actually be done by the City of Mbombela Local Municipality (CMLM.)
According to the by-laws published on the former Mbombela Local Municipality’s (MLM) website, a “health officer of the council or any person authorised by the council to give effect to the provisions of these by-laws” may enforce it.
Yet, after being required to do so 16 years ago, MLM never promulgated new by-laws (despite its spokesman having sworn that this had been done.)
MLM’s failure to do its job in this respect now forms the EDM’s comfortable excuse – why would they enforce an “old law?” asked representatives.
“Because a law is not a banana peel. It does not become sand after a few years,” I thought.
Noise-abatement regulations did not come from nowhere in 2000. They have been around for years. As were by-laws.
The Local Government Transition Act of 1993 provided for by-law making procedures.
Such laws made before 2000 remain in force until replaced. Therefore, arguing that the by-laws on the municipality’s website is “outdated” and therefore null and void is ludicrous.
Whether the by-laws that applied to the City of Mbombela and the former Umjindi Local Municipality, ceased to exist the moment the two amalgamated, I highly doubt. It should remain valid for those respective geographical areas until replaced.
Yet at the time of going to press, this good-faith assumption had not yet been confirmed by municipality officials.
Published law states that no excessive noisemay be made in the former MLM after 22:00. Those who overstep the boundaries will, upon conviction, be liable of a fine of up to R300. Continued offenders may be fined up to R200 per offence.
Yet for the past 12 months, neither the EDM nor MLM (now CMLM) could confirm which persons were tasked with enforcing these laws.
It does not fall within the police’s jurisdiction. This is according to the 1993 Act.
Some local authorities have stated that the existing laws are “illegal”. Yet, according to the University of Pretoria’s law lecturer Prof Christo Botha, no legislation is illegal until it has been declared as such by a competent court.
By-laws can be enforced by courts of law and alleged transgressors have the right to a fair trial. This will entail a magistrate looking into the merits of both cases for and against the person accused of contravening a by-law.
The law cannot be criticised and tested if not in court, but how can it enter this ultimate test without law enforcers to ensure prosecution?
This question was presented to the ECD’s manager of municipal health services, Ms Esta Mahlalela. “For now, I am willing to receive any telephonic or email complaints pertaining to noise pollution,” she promised. “If any issues are experienced outside of office hours, feel free to email me and I will follow up,” she said. “We will ensure that the matter gets sorted,” she added. Contact her at emahlalela@ehlanzeni.gov.za or on 013-759-8500.
