By-law enforcement in the small beach town of Tugela Mouth continues to be almost nonexistent, allege residents.

This has been a problem for years, with the Tugela Mouth Ratepayers Association (TMRPA) taking Mandeni municipality to court three years ago over the matter.

Despite the association winning the case, in what was hailed as a major precedent setter for seaside communities across the country, it is alleged almost nothing has changed but for isolated incidents of functional policing.

“Aside from a three-week period of roadblocks in December 2021 and the bittersweet relief brought by Covid-19 and the floods, which closed our beaches, we have seen the same issues run rampant,” said the TMRPA.

Specifically, it is alleged that revellers arriving en masse from Mandeni use the Tugela Mouth beaches and beachfront car parks for drunken parties almost daily. This has led to constant litter build-up, as well as an alleged increase in crime and drunken driving along the access road and nearby N2.

All of this aside from the general nuisance that loud music and loud people bring to an otherwise sleepy community with only a few hundred residents.

Given it is the most accessible beach from Mandeni and that there is little oversight, one can see why it has become a popular destination.

“Our town is very diverse and does have beautiful beaches, so we understand why people want to come here.”

“We have no problem with anyone using the amenities, so long as they do so in line with Mandeni by-laws and in a manner that is fair to the community,” said the TMRPA.

The Mandeni Beach Amenities By-Law (Gazetted October 2020), is quite clear on what acceptable behaviour is. In the ‘Nuisances and prohibited, indecent or offensive behaviour’ section, it outlaws littering, the drinking of alcohol and public defecation, all of which are commonplace, according to the TMRPA.

Furthermore, there are clear outlines on what penalties should be handed out if one is found to be in contravention, including fines and prison time in serious cases.

In the aforementioned court case in the Durban High Court, the Mandeni municipality undertook to “implement and enforce the Beach Amenities By-Laws published in the Government Gazette on 15 October 2020” binding them to the document.

Nevertheless, it appears the by-laws are either unknown by the officers, or they have no will or power to properly enforce them.

“We were told there would be monthly meetings with the municipality where we could discuss the matter and work together on solving problems. We were also told they would respond to any formal complaints that we submit, but neither has happened and we are left to try and deal with the problem ourselves,” the association said.

Recently, given the increase in crime, residents have had to start nighttime patrols, but given the small population this is likely unsustainable. Nor should it be necessary, with or without the court case, but residents have been left with little choice.

Despite multiple queries over the past three weeks, the Mandeni municipality had not responded to the Courier at the time of publication.

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