Community activists have questioned who will enforce the new Nuisance and Behaviour in Public Places by-law passed by the eThekwini Municipality, especially with police turning a blind eye to current problems, including littering, that plague the city.
The by-law will come into effect during the first part of next year and aims to provide measures to regulate and control behaviour which causes or is likely to cause discomfort, annoyance or inconvenience to the public.
Satish Dhupelia visited Durban’s North Beach on Sunday morning and posted photographs he took of filth strewn on the roads.
This included empty beer bottles.
“It was terrible to be confronted by so much dirt. It was disgusting,” said Dhupelia.
“I arrived at the beach at around 8am and the cleaners were trying to do their best but there was just too much filth – even after I completed my walk two hours later.
“I spoke to a car guard and he said there were buses and taxis parked there the night before and the occupants drank themselves silly and played loud music. My question is, you are not allowed to drink in public, so how was this allowed in the first place?”
He questioned who would enforce the new by-laws when some incidents went unnoticed.
Asked if this image would negatively affect the province during the hosting of the 2022 Commonwealth Games, Dhupelia said the event was a waste of taxpayers’ money.
He said millions would be invested in the games and this money would be better spent in taking care of the city’s citizens.
“We will be spending a ridiculous amount of money when so many people live in shacks and have no access to water and electricity. We should be investing in them, rather than hosting the games.
“South Africa has a large number of people who are dependent on the city and government for their survival in terms of grants, and the municipality has also increased its soup kitchens from 83 to 136,” he said.
“By doing this, they are making people more dependent rather than independent. Instead of using the money for the games, it could be better spent helping them develop skills once we have an investment from government.”
He said the games would not help these people.
“We had the Fifa World Cup. Have you seen a change? No. We only saw goodwill and those who could afford it attended the matches.
“We don’t need a temporary boost to the city, we need tangible things that will sustain these people through life.”
Human rights commentator and attorney Saber Jazbhay added that the by-laws, if not enforced, would dampen Durban’s image before the games.
“We generally have a situation where, when there is an international sporting event or conference, homeless people are taken off the streets by the police and shipped elsewhere. This is not the solution,” he said.
“Durban will have to be showcased as a tourist and investor friendly city – but not only during special occasions.”
He said that if enforced correctly, the by-laws would show the millions of visitors to KwaZulu-Natal that South Africa was not just a Third World country but had cities with First World standards.
Jazbhay said he was also at the beachfront on Sunday and was disturbed by the litter and dirt. He added that the city did not have the manpower to enforce the by-laws.
Similar sentiments were echoed by Vasu Moodley, a trustee with the Association of Clean Communities.
“When it comes to cleaning litter, the municipality is doing its job but it’s the public who don’t care where they throw their dirt. We have advised those who drive and own taxis to throw their rubbish in packets but you will still find them flinging things through their windows even while driving. In terms of people drinking in public, I don’t think the police have the manpower to monitor what is going on.”
Moodley said it was vital that the municipality fine errant citizens and name and shame them. “This will prevent them contravening the by-laws in the future. It will be a deterrent.”
He said Durbanites had to get their act together and clean up the city.
Prohibited conduct:
Nuisance behaviour in public spaces:
- Noise.
- Litter.
- Obstructing, blocking or disturbing traffic and pedestrians.
- Excavation in public places.
- Using unsafe weed-killers, herbicides, poisons and pesticides.
- Swearing or using abusive or threatening language or gestures in public, fighting or being physically threatening.
- Urinating and defecating in public.
- Bathing or washing in public unless it is part of a religious ceremony where approval has been sought.
- Spitting, any sexual act or appearing naked or exposing genitalia.
- Drinking or gambling.
- Lying on a street or bench which prevents the public from using it.
- Begging using gestures or words.
Behaviour on private property:
- Hanging washing to dry over a fence, wall or even a balcony or veranda that borders a public road.
- All-night parties: no noise from a private residence or business property should be audible to anyone outside that property.
- Disturbance of peace is not allowed from Sunday to Thursday between 9.30pm and 7am and on Friday and Saturday between 12am and 8am.
- Businesses that place loudspeakers at the entrance of their shops to entice customers will have to work on a new marketing strategy.
- The by-law stipulates that no sound equipment may be placed at the entrance to make public announcements or to lure customers. This also covers private vehicles: music emanating from a car must not be audible at a distance of more than 50m.
- Incessant hooting is also banned unless it is to alert another driver of possible danger.
- The by-law also covers stipulated time for construction. Building cannot be undertaken in a residential area before 7am and after 6pm, Monday to Saturday, and any time on a Sunday or public holiday except under special circumstances.
Durban is a popular tourist spot and attracts thousands of visitors over the festive period.
To control behaviour on the beachfront, visitors may not sleep in their vehicles, including buses, overnight except in a case of an emergency for no longer than 24 hours.
- The parking of heavy-duty vehicles on private property overnight is also forbidden.
Penalties:
- Any person convicted of an offence under this by-law is liable to a fine not exceeding R40 000 or to imprisonment for a period not exceeding two years, or to both the fine and imprisonment.
- The maximum payable fine of R40 000 caters for inflation, since a by-law can be in place for 30 years or more. If this amount is too low, the by-law would need to be amended more regularly to keep in line with inflation.
- In the case of continuing offence, an additional fine not exceeding R200 or imprisonment not exceeding 10 days will be imposed for each day the offence continues.