Dolphin Coast community outraged over failure to enforce drinking in public bylaws

The Dolphin Coast community is calling on KwaDukuza municipality to enforce the bylaws for weekend revellers who continue to abuse alcohol on the beaches and other public spaces.

The situation in recent months has gone from bad to worse, say residents, and many accuse KDM of failure to execute its duties in providing measures to regulate and control the conduct of people openly drinking alcohol on beaches.

However the issue appears to be murky with many lawmakers.

While eThekwini’s nuisance bylaw states that Durbanites can be fined up to R40 000 or receive two years imprisonment for a variety of different acts of public nuisance, this does not appear to be the case in KDM.

At a Ballito Neighbourhood Watch meeting last month, Superintendent Leon Rajamoney said that in KZN drinking in public was not against the law, although it was prohibited in other provinces.

Rajamoney said that a change in law from a KZN legislative perspective had been tabled.

The meeting expressed confusion when he stated that “drinking in public could not get you arrested or removed from a public area, but drunken and disorderly behavior could.”

However, KDM bylaws relating to the creation of a public nuisance prohibits disturbing the peace in any public place and states that no person shall appear in any public place under the influence of illegal, habit-forming drugs or appear in any public place in a state of intoxication.

There appears to be no specific bylaw that addresses drinking on beaches or public facilities.

Meanwhile Ballito attorney Jonathan de Wet, a specialist in municipal law, said according to Section 156 of the Constitution, KDM municipality can make and administer bylaws. Control of public nuisances is included in the list of categories.

“Section 40 of the Criminal Procedure Act allows a peace officer to arrest, without a warrant, any person who commits or attempts to commit any offence in his presence. As drinking alcohol in public is an offence, the peace officers should be empowered to arrest those who they see drinking in public,” said De Wet.

In accordance with government notice the municipality appoints peace officers who have the jurisdiction to enforce bylaws.

KDM spokesperson Sipho Mkhize said the municipality was very clear about alcohol consumption in all public open spaces and this was expressed in its bylaws.

“Consumption of alcohol in public is not allowed, and you have seen enforcement occur in many areas, particularly Blythedale. While we have such a position the only crime we are mandated to arrest for is traffic infringement. However, with new development scopes we may be empowered to be able to arrest individuals and not do the normal apprehending and handing over process which we can never really follow up on,” said Mkhize.

“However, there has also been an overwhelming debate on this issue of enforcement, one that talks to race, where certain groupings have said they are victimised because of their skin colour and ill-behaviour of a few. So one has had to tread very carefully in this regard to prevent a fall out and an unnecessary back-and-forth about previous government spatial planning benefits for some and disadvantages for many.”

Mkhize said council had resolved to construct a new beach in Nonoti so that residents have a purpose-built beach with all required amenities and one that is outside of residential areas.

“The reality is that Nonoti will not be built overnight. We want to appeal for calm and tolerance in beach communities and businesses who feel suffocated,” said Mkhize.

Ballito resident and former councillor Ann McDonnell, who was present at the BNW meeting, said the bylaws in Durban clearly allow the Metro to stop and search vehicles for alcohol and questioned why that type of policing could not be mirrored in the Dolphin Coast.

“Our growth and economy depend on visitors feeling safe on our beaches, and loads of people arriving with cooler boxes of booze is a recipe for disaster. The municipality is correct that it is a few who cause the problems, but experience in Blythedale showed how this behaviour grew out of control. Blythedale seems quieter, Durban has got its act together, so the bad element has arrived in Ballito and Thompson’s Bay. Our area deserves better,” said McDonnell.

Enterprise iLembe CEO, Nathi Nkomzwayo said: “Tourism is a major contributor to the economy of the region attracting just over a million tourists per annum and in turn contributing just over R5 billion to iLembe’s GDP.

We had an estimated 80 000 visitors during this festive season.”

“This region is chosen primarily as a beach destination by both domestic and international visitors. It is imperative that we ensure that our tourist offerings speak to the wants and needs of the tourists,” said Nkomzwayo.

“We are very cognisant of the fact that ‘word of mouth’ advertising can be much more powerful than the traditional marketing channels especially in today’s hyper-connected world of social media, this can either have a negative or positive impact, and the latter is what we want to aim for.”

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