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Interfaith groups have welcomed the City of Cape Town’s revised standard operating procedure (SOP) which eliminates places of worship with appropriate zoning from the noise bylaw.
This effectively means the “noise nuisances” section of Cape Town’s streets, public places, and prevention of noise nuisances by-law does not apply to places of worship operating within an appropriate zoning.
The city says the SOP formalises the operational procedure that has been in place since 2019.
According to the City it has updated its SOP on noise-related complaints to confirm the handling of matters related to places of worship with sensitivity and dignity under provincial regulations, and not as a “noise nuisance” under the by-law.
JP Smith, Mayco member for safety and security, says: “The provincial noise control regulations – read with national standards – set overall limits for all forms of sound in communities, related to technical measurements. The Constitution enables all citizens to enjoy freedoms, including religious freedom, in ways that do not unreasonably inhibit the freedoms and rights of others.”
He says the updated SOP on noise complaints stipulates that designated officials must ensure sensitivity and care in consulting a place of worship on any regulatory noise abatement measures as may be necessary, so as not to “inhibit religious freedom”.
Smith says the SOP further states that, wherever possible, if the City can assist a complainant and subject to resolve the issues between themselves amicably, through conversation or neighbourly mediation, it will do so.
“With these latest standard operating procedure updates, we are providing the necessary reassurance to places of worship, while ensuring clarity on fair procedures for handling of noise-related complaints in communities. We further extend an open invitation to religious leaders to assist the City with monitoring the implementation of the SOP.”
Mayor Geordin Hill-Lewis says the City’s goal is to give every faith community in Cape Town the peace of mind of knowing that this issue is now resolved.
“This document provides surety and a guarantee of religious freedom for correctly zoned places of worship.”
In 2020 People’s Post reported on complaints lodged against the athaan (call to prayer) at a mosque in the Bo-Kaap which sparked renewed calls to have the event exempted from being regarded as a noise nuisance in terms of the municipal bylaws.
The Muslim Judicial Council says this is welcome progress and the culmination of a process of engagement with the City which began in 2019.
Sheikh Riad Fataar, second deputy president of the MJC, says: “The MJC welcomes confirmation from the City of Cape Town that ‘noise nuisance’ complaints do not apply to places of worship with appropriate zoning. We have also discussed the matter with Mayor Geordin Hill-Lewis, who previously committed to an expedited solution to provide reassurance to the religious community.”
Fataar says they are pleased that the SOP seeks to uphold religious freedom and provide fair procedures for handling noise-related complaints under provincial regulations, with an emphasis on resolving community disputes amicably and with respect for the constitutional rights of all.
“The MJC notes that the SOP is to be published on the City’s website and have gladly accepted the open invitation to religious leaders to assist in monitoring its implementation. The MJC (SA) commits itself to assist in all issues regarding complaints against the athaan and calls upon the community to report any such issues to the MJC (SA).”
Bishop Malusi Mpumlwana, General Secretary of the South African Council of Churches (SACC), says: “It is unavoidable that there will be higher levels of sound as a result of the nature of worship which may involve vocal and instrumental music. In the case of Islam there is the essential call to prayer which in some areas gets considered objectionable from a position of cultural bias.”
He says he hopes other cities will have “similar considerations.”
“Cities should zone for worship spaces so that places of worship do not mushroom in a disorderly manner as it is that which creates tension with other interests in the city.”
