4 months ago
A kasi tavern.  ~ (PHOTO: Jabulani Langa)

A Soshanguve tavern owner has been sentenced to two years in prison for contravening Gauteng noise control regulations.

Phillip Mafata, 44, was found guilty of 26 charges relating to noise pollution after he appeared in the Tshwane Municipal Court, sitting in the Soshanguve Magistrate's Court, on August 3.

City of Tshwane spokesperson Lindela Mashigo said the City's municipal health services section took the case to court after a neighbour, Kenneth Sithebe, laid a complaint.

Sithebe said the noise at the tavern caused "anguish in the neighbourhood" because music would be played into the early hours of the morning.

The City quoted Sithebe saying: "The torture he inflicted on my family and I, causing us four years of sleepless nights, will hopefully come to an end. I am happy with the judgment. I hope it will send a strong message to those who operate their businesses at the expense of others, causing them serious psychological harm."

Mafata was previously fined R12 000 for contravening noise control regulations after he pleaded guilty to the charges. Half of the fine was suspended for three years on condition that he would not be found guilty of a similar offence within that period. Handing down his judgment, Magistrate JC Kruger said the community expected justice from the courts and that a prison sentence was a fitting punishment for Mafata.

"The accused did not listen to the advice from environmental health practitioners even after they served him with notices and [explained] the consequences of his actions. History has proven that Mafata has no respect for the rule of law and his neighbours," Kruger was quoted as saying.

Gauteng Noise Control Regulations of 1999 stipulates that noise generated by a device or activity on a property may not be audible beyond the boundaries of such a property.

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