Noise pollution - call 119

The public could ring police emergency number 119 to lodge complaints against the unauthorised use of loud speakers and amplifiers in a violation of a recent Supreme Court ruling, a Disaster Management and Human Rights Ministry release states: "Pursuant to an order of the Supreme Court issued on November 9, 2007 to the effect that sound pollution should be considered a public nuisance in terms of the Penal Code, Secretary, Disaster Management and Human rights Ministry convened a meeting with officials of the Police Department, Ministry of Environment and Department of Government Information to formulate an awareness programme to notify the public of the Supreme Court's directions made in Supreme Court Application No. 38/2005 (FR).

The Supreme Court held that the people have been denied the equal protection of the law guaranteed by Article 12 (a) of the Constitution and that there has been a failure to establish an effective legal regime relating to restriction of noise pollution.

The Court observed that there are no guidelines framed for the effective implementation of the applicable provisions of the law. Hence the Court issued a direction that it considered to be just and equitable which in terms of Article 126 (4) of the Constitution.

Accordingly, the Police Department and the Ministry of Environment together with the Ministry of Disaster Management and Human Rights intend issuing this public notice highlighting the main points in the directions of the Court, which state that.

The emission of noise by the use of amplifiers, loudspeakers or other equipment or appliances which causes annoyance to the public or to the people in general who dwell or occupy property in the vicinity be considered a public nuisance in terms of Section 261 of the Penal Code and that the Police should entertain complaints and take appropriate action for the abatement of such public nuisance.

Existing permits for amplifiers and loudspeakers use under Section 80(1) of the Police Ordinance shall ease to be in effect;

No fresh permits shall be issued in terms of Section 80 (1) of the Police Ordinance for the use of loudspeakers and other instruments for the amplification of noise as specified in that section covering the period 10 p.m. at night to 6 a.m. the following morning. Such permits may be issued for special religious functions and other special events only after ascertaining the views of people who occupy land and premises in the vicinity.

In respect of the hours 6 a.m. to 10 p.m. permits may be issued for limited periods of time for a specific purpose subject to the strict condition that the noise emitted from such amplifier or loudspeaker or equipment does not extend beyond the precincts of the particular premises. The issuance of such permits will be subjected to judicial scrutiny by a Magistrate;

The Police are to deploy officers to ensure compliance with the terms under which permits are issued.

The Police is to make special arrangements to entertain any complaint from the public against any person creating a public nuisance and/or using an amplifier or loudspeaker country to the Court's directions and is to take steps to investigate complaints and warn offenders. If the warnings do not result in abatement of the nuisance, the Police is empowered under Section 80(4) of the Police Ordinance to seize the equipment.

Permits for the limited use of loudspeakers and may be applied from the Assistant Superintendents of Police of the relevant area. The Police Department has indicated that emergency number 119 could be availed of by the public who wish to make a complaint regarding the use of amplifiers and loudspeakers in violation of the Supreme Court's directions".