Cape Town’s Noise Nuisances by-law back in the spotlight

The City of Cape Town’s Streets, Public Places, and Prevention of Noise Nuisances by-law is back in the spotlight.

This after a letter was issued to the Imam of a Mosque in Salt River, saying they were transgressing noise pollution by-laws.

The letter contradicts mayor Geordin Hill-Lewis’s announcement last month that the “noise nuisances” section of its By-Law will not apply to places of worship operating within appropriate zoning.

During a full council sitting last month the City said the Muslim call to prayer, and the sound of church bells tolling would be exempted from the noise by-law. The letter that was issued this past week, referencing a complaint of noise nuisance from the Tennyson Street Mosque in Salt River, has left authorities puzzled.

Second Deputy President of the Muslim Judicial Council, Sheikh Riad Fataar explains.

“The first thing we said as MJC that you are not going to call the sound that comes out of places of worship as a nuisance, it upsets people of religion when you call sounds coming from the places of worship as a nuisance so the SOP first addresses that and that it will not be called noise nuisance when the mayor says you are going to do something then we want to see.”

Opposition political parties have weighed in on the matter. Aljamah President, Ganief Hendricks explains.

“We hope that the Muslims will put pressure on their political party to change the by-laws so that when the political parties table it in the City of Cape Town the DA won’t use its numbers to retain what is obviously a very oppressive by-law and also violate the constitutional right to freedom of religion.”

The Good Party’s Suzette Little says it has requested for the amendment to be changed since 2019.

“We have been asking since 2019 to have this amendment changed. This is not the only amendment that is going to come to by-laws, we are busy looking at it because as a responsible government when it takes office the first thing it should do is to review its policies and by-laws that has not taken place they have just carried on business as usual.”

The City says given how new the standard operating procedure is regarding the by-law, not all staff have been sensitised to its requirements. Mayco member for Community Services and Health, Patricia van der Ross says.

“The letter relates to the provincial noise control regulations and not the city of Cape Town’s streets, public places and prevention of noise nuisance by law. As the Mayco member in charge, I will arrange a training session for all our officials on this city’s new standard operating procedures on complaints relating to places of worship.”

The City of Cape Town says no further letters will be issued in this regard.