PETITION AGAINST EXCESSIVE NOISE POLLUTION

PETITION AGAINST EXCESSIVE NOISE POLLUTION

Bokamoso Lodge & Conference Centre
Date: 1 November 2025

TO: Victor Khanye Local Municipality
Environmental Health Department
Attention: Municipal Manager and Environmental Health Officer

SUBJECT: Formal Complaint - Excessive Noise Pollution in Violation of Environmental Conservation Act 73 of 1989

1. INTRODUCTION

We, the undersigned residents of the Victor Khanye Local Municipality area, submit this formal petition regarding severe and ongoing noise pollution emanating from Bokamoso Lodge & Conference Centre. The noise levels are so excessive that they can be heard clearly from a distance of approximately 1 kilometre from the source, causing significant disturbance to the residents in the surrounding residential areas.

2. NATURE OF THE COMPLAINT

The noise pollution consists primarily of amplified music and sound systems operating at extreme volume levels. The sound is audible from 1 kilometre away in residential areas, indicating that the source volume substantially exceeds legal limits for any zoning classification. This level of noise intrusion represents a clear violation of residents' constitutional right to an environment that is not harmful to their health and well-being.

3. LEGAL GROUNDS

This petition is submitted under the following legal framework:

Environment Conservation Act 73 of 1989 and the National Noise Control Regulations (GN R154 of 1992), which define and prohibit both 'disturbing noise' and 'noise nuisance'

Constitution of the Republic of South Africa, 1996, Section 24 - guaranteeing the right to an environment not harmful to health or well-beingMunicipal by-laws governing noise pollution in residential areas

Specific Violations:

• Disturbing Noise: The noise level clearly exceeds the ambient sound level by more than 7 dBA, meeting the definition of 'disturbing noise' as per the Noise Control Regulations

• Noise Nuisance: The sound 'disturbs or impairs the convenience or peace' of thousands of residents, constituting a 'noise nuisance' which is illegal at ALL times, not just after 22:00

• Residential Area Limits: Acceptable noise levels for residential areas are typically 55 dBA during the day (06h00-22h00) and 45 dBA at night (22h00-06h00). Noise audible from 1km away substantially exceeds these limits

4. IMPACT ON RESIDENTS

The excessive noise pollution has resulted in:

• Sleep deprivation and associated health impacts

• Inability to enjoy peaceful use of our properties

• Interference with daily activities, work, and family life

• Stress and mental health impacts from continuous noise exposure

• Violation of our constitutional rights to a healthy environment

5. REQUESTS AND DEMANDS

We, the undersigned residents, respectfully demand that the Victor Khanye Local Municipality:

Immediately investigate this complaint through the Environmental Health Department's Noise Control Unit

Conduct professional decibel measurements at affected residential properties to document the violation

Issue a formal written instruction to Bokamoso Lodge & Conference Centre to immediately reduce noise to legal levels.

Issue fines as provided for in Section 9 of the Noise Control Regulations (up to R20,000 and/or imprisonment for up to 2 years)

Confiscate amplification equipment if the establishment fails to comply

Review and impose conditions on the establishment's operating licenses and entertainment permits

Provide regular monitoring and enforcement to ensure ongoing compliance

6. PREVIOUS ATTEMPTS AT RESOLUTION

Residents have attempted to address this issue through informal channels without success. We have contacted local police services, but the issue persists. This formal petition represents our collective demand for immediate municipal intervention and enforcement of existing noise regulations.

7. LEGAL CONSEQUENCES OF NON-COMPLIANCE

Should the Municipality fail to take appropriate action, the undersigned residents reserve the right to pursue all available legal remedies, including but not limited to:

• Applying to a court for an interdict to prevent the specific noise

• Pursuing civil action for damages suffered as a result of excessive noise

• Filing complaints with provincial authorities regarding municipal non-enforcement

8. CONCLUSION

Noise pollution that can be heard from 1 kilometre away is not only excessive but represents a serious violation of environmental and public health laws. We trust that the Victor Khanye Local Municipality will take immediate and decisive action to protect the rights and well-being of its residents. We request a written response within 14 days of receipt of this petition, outlining the actions to be taken.

Respectfully submitted,

The Undersigned Residents

For inquiries or to submit additional signatures, contact the petition organizers.

Note: Attached signature sheets contain the names, addresses, and signatures of affected residents.

Armand Pansegrauw    Contact the author of the petition