Africa-Press – South-Africa. The Muslim Judicial Council (MJC) and City of Cape Town are thrashing out the implementation of a standard operating procedure (SOP) on noise complaints which are directed at places of worship.
This after a noise complaint was issued to the Mughammaddiyah Masjid in Tennyson Street, Salt River.
Muslim call to prayer, church bells tolling exempt from City of Cape Town’s noise by-law
The City recently announced the “noise nuisances” section of its Streets, Public Places, and Prevention of Noise Nuisances By-Law would not apply to places of worship operating within appropriate zoning.
MJC spokesperson Mujaahid White said the organisation was engaging with the City’s councillors following the notice.
He added the mosque was also being guided on “navigating the process” of the SOP.
“We must be cognisant that this is the first incident following the implementation of the [SOP]. It is to be expected that there will be some teething problems,” said White.
The MJC was told the City employee who had issued the letter had not been informed of the SOP.
White said:
In a letter dated 12 May to the mosque, the City said it “received a complaint about loud noise caused by amplified sound emanating from the premises”.
The letter added: “You are hereby requested as owner or occupant of this premises or the person responsible for the noise or all such persons, to mitigate the amplified sound from the mosque with immediate elect. This request is made in good faith and this department does seek for this complaint to be resolved amicably.”
In April, Cape Town Mayor Geordin Hill-Lewis announced the “noise nuisances” section in the by-law would not apply to places of worship operating within appropriate zoning.
Hill-Lewis made the announcement in front of a full council sitting.
The City updated its SOP related to resolving the issue of noise complaints relating to places of worship.
In 2021, it approved this controversial by-law.
Political parties slammed the DA for not exempting religious calls to prayers such as the athaan (Muslim call to prayer) and church bells. The commitment followed a public outcry after the City investigated a complaint against a 100-year-old mosque in District Six over the call to prayer.
The spokesperson for the Tennyson Street Mosque Committee, Anwar Omar, said they were shocked and disappointed by the complaint forwarded by the City.
“We were under the impression that places of worship have been exempted as articulated by the mayor and that this was not done and taken care of by the amendments.
“However, to our dismay, the by-law has not been amended. Instead, the City promulgated a standard operating procedure which outlines how to ‘sensitively’ deal with such complaints. The SOP also explicitly states in clause 5.2.3 that the City can apply the by-law if they deem it necessary and appropriate to do so,” he added.
Omar said not much had changed and the SOP did not do enough to exempt places of worship from such complaints.
“The mayor has requested a meeting with the mosque committee to explain the ‘mistake’ – how and why it happened.
“Also, a City official has called and verbally apologised and said that they will retract the letter as it should never have happened in this manner. We’ve requested a retraction and apology in writing.
“Our position is clear, the by-law itself needs to be amended to explicitly exempt places of worship from such complaints,” he added.
The mosque has been in existence since 1906 and this is the first complaint of its kind.
Omar said:
Mayoral Committee Member for Community Services and Health Patricia van der Ross told News24 the letter related to the Provincial Noise Control Regulations and not the City’s Streets, Public Places and Prevention of Noise Nuisances by-law.
“It was meant to inform the premises that complaints have been received and that the City would like to commence a resolution process. Unfortunately, the wording in the letter does not reflect the recently published standard operating procedure,” she said.
Van der Ross added the City would work with the mosque to resolve the noise concern in the spirit of the SOP.
“We will also undertake detailed training with all of our practitioners dealing with noise complaints to ensure that everyone is well acquainted with the new standard operating procedure.
“The City further undertakes to ensure that letters of this nature are reviewed and not distributed to places of worship,” she said.
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