Scaling the Wall of Laws

Quite often we are not satisfied with conditions in our
immediate community. We bought a property where we think we will live in peace and enjoy our surroundings.
But then we discover, as old cricket adage goes, that we’re batting on a sticky wicket. It can take many forms – a noisy neighbour; or even a naughty one, who operates a business in his backyard, or who decides to
establish a cattery or kennels next door, a new business operating in the area.

Maybe a noisy bar, where people roar till the wee hours of the morning. Or we discover that there is  an existing business in the vicinity of a new home whose operations result in soot snowing down on the adjacent neighbourhoods, or maybe a smelly tannery, abattoir or crematorium.

What to do? You have already discussed this matter with the offending entity. You’ve even written a letter pleading your cause.

And it becomes clear that an amicable agreement is not possible.

We know that according to common law (those set of rules which so often does not appear to be common knowledge) residents and businesses are obliged to endure impacts – within the boundaries of lawfulness and reasonability. And it is frequently difficult to determine what these boundaries of reasonability are. But the law is also very clear that this is not an endless obligation. And in our society, the authorities are tasked to balance the interests of the various parties.

Let us investigate the different options to resolve the sticky batting situation:

As stated above, step one is the direct approach – ask nicely.
Explain your discomfort and the extent of the impact with
the party.

Step two – get serious. It is here where you have a nice
selection of tools at your disposal. Add more voices to your complaints – invite your friends, gather a crowd. Or ask your friends with guns – not the literal guns! This isn’t America. Your “friends” armed with authority – request your ward councillor to intervene. And if this option does not
deliver the desired outcome, it is time to escalate the matter – call in the cavalry – report the matter to the relevant authority,
a municipal health department, waste or environmental
department.

But your community is still suffering the effects of the actions of the offending party. You get tired of waiting for justice
or relief. And sometimes it becomes a matter of the delay
becoming justice (relief) denied. To bring a court application
for an interdict is a costly and even lengthier exercise.

What other options are available?

Make a big noise – Ask a support group or community project such as a ratepayers or homeowners association to assist.

Make a bigger noise – mobilise your community. Hang the issue on the big banners – ask local newspapers to raise awareness about the problems, draft a petition that will be submitted to the offending party and the relevant authorities. In extreme cases, share the discomfort – boycott the businessand even arrange a picket.

Please keep in mind that there are requirements for each of the options – don’t become an offender yourself.

We all have equal rights under the Constitution and common law to enjoy our properties in a clean and healthy environment.
And it is our right and privilege to protect these rights.