When noise becomes a nuisance in our cities – the law, rights and penalties

Rutendo Manhimanzi

As night falls over Mbare, the cacophony of daily life gives way to a new symphony of sounds, the thumping bass from bars and makeshift nightclubs echoes through the streets.

In stark contrast, Borrowdale’s tranquil ambiance is disrupted by the distant sounds of wedding celebrations and late-night church services, their speakers cutting through the evening calm.

For residents in both areas, these sounds are not a source of entertainment but a persistent cause of distress, raising questions about the efficacy of noise pollution laws in Zimbabwe.

Sources and Challenges of Noise Pollution

​ Noise pollution in residential areas arises from various sources, often due to poor urban planning and inadequate enforcement of zoning regulations. Key contributors include:

1. Entertainment and Social Venues

• Bars and Nightclubs: Operating in or near residential areas, often without proper zoning approval, and disrupting peace with loud music and late-night events.
• Churches and Concerts: Similarly, churches and concert venues can generate excessive noise, disturbing nearby residents.Residents in suburbs like Borrowdale and Mount Pleasant in Harare have protested against hotspots that disrupt their peace with loud music and late-night events.

2. Informal Sector and Business Activities

• Informal Trading: Uncontrolled growth of informal traders contributes to noise pollution, particularly in areas like Magaba and Mbare.
• SMEs and Machinery: Small and medium enterprises, such as welding shops, generate high levels of noise from machinery.

3. Traffic and Transportation

• Vehicle Noise: Car engines, honking horns, and traffic congestion contribute to noise pollution, exacerbated by old cars lacking proper noise prevention devices.

4. Construction and Mining

• Construction Sites: Large-scale construction projects and mining operations generate intense noise from drilling and blasting, affecting nearby residents and schools.

 

5. Domestic and Advertising Noise

• Loud Stereos and Amplifiers: Noise from loud music and advertising can be a nuisance.
• Domestic Animals: Barking dogs and other noisy pets can also contribute to noise pollution.

Addressing these sources of noise pollution requires effective urban planning, enforcement of zoning regulations, and public awareness campaigns.

 

The Legal Framework

Noise pollution is not simply a nuisance it is a legal matter. Section 73 of the Constitution of Zimbabwe guarantees every citizen the right to an environment that is not harmful to their health or well-being.

Excessive noise clearly falls under this protection. Excessive noise can have serious consequences for physical and mental health, including sleep disturbance, anxiety, and cardiovascular disease.

Local authorities, empowered by the Urban Councils Act [Chapter 29:15], have enacted noise-control by-laws.

For instance the Harare (Noise) By-Laws 2014 and similar regulations in Bulawayo and Mutare give councils the authority to fine or close establishments that create undue disturbance to the comfort of residents.

The Environmental Management Act [Chapter 20:27] further classifies noise as a form of pollution. On paper, the legal protections are strong.

In practice, they are often ignored. The Environmental Management Act (EMA) includes sections on environmental quality standards for noise, prohibiting “noise in excess of established standards.” The Environmental Management and Pollution Control (Noise) Regulations 2016 also set specific restrictions on the hours of use for noisy equipment like chainsaws and mobile machinery near residential premises.

A penalty applies for violations, which includes a fine and potentially a daily fine for continuing offenses.

Legal Framework: What the By-Laws Say

• Under Section 4 (read together with section 6)of the Harare (Noise) By-Laws, 2014, no one may operate any loudspeaker, musical instrument or similar device so as to disturb the rest, peace or tranquillity of any occupier of premises in the neighbourhood, or in a public street, without prior written consent of the City Council.
• The by-laws also prohibit noise for advertising purposes in or adjacent to public streets without consent.
• Violations can result in serious penalties, including up to one year’s imprisonment, with or without a fine.

 

The Reality on the Ground –Frustration and Ineffectiveness

Residents across various suburbs express frustration and helplessness when reporting noise violations to the authorities.

Despite repeated complaints, many claim that their concerns are ignored, and the noise disturbances persist. This lack of action can have significant consequences, particularly for families with school-going children who need rest for the next day.

Some noise-generating establishments take advantage of weak enforcement, continuing to operate with impunity.

Churches often argue that their activities are protected under the right to freedom of worship, while bars may claim political connections that shield them from closure.

Law enforcement officers may turn a blind eye to noise violations, particularly when fines are small compared to the profits made by establishments and likely kickbacks given to evade closure. Therefore, the perception of corruption or favoritism can undermine trust in the authorities and their ability to enforce noise regulations.

Consequently persistent noise disturbances can disrupt the peace and quiet that residents expect in their homes. Noise pollution can have a significant impact on residents’ quality of life, particularly for those who need rest for work or school.

The Health and Social Impact

Despite existing laws and regulations, noise pollution remains a pervasive issue in urban areas, with many residents feeling that authorities are not doing enough to address the problem.

Health experts warn that prolonged exposure to high noise levels can cause more than irritation. Studies link it to stress, lack of sleep, hypertension, and even long-term hearing problems. Socially, noise conflicts are straining community relations, with neighbours increasingly taking matters into their own hands.

 

The Enforcement Gap

So why are the by-laws not working?

Despite the existence of noise control by-laws, enforcement remains a significant challenge. Several factors contribute to this gap:

 

1. Lack of Resources: Local authorities often lack the necessary funds to invest in monitoring equipment, vehicles, and personnel to effectively enforce noise control regulations. The absence of noise monitoring equipment and other essential infrastructure hinders the ability of authorities to respond to complaints and enforce regulations.

 

2. Weak Penalties: The penalties imposed on violators are often too lenient, allowing them to continue causing noise pollution without facing meaningful consequences.

 

3. Cultural Attitudes: Social acceptance particularly from church gatherings or music, is sometimes tolerated or even celebrated as part of Zimbabwean social life, making enforcement seem morally insensitive.

Additional Challenges: Limited Public awareness as residents may not be aware of their rights or the regulations surrounding noise pollution, making it difficult for them to report incidents.

The lack of coordination between different authorities and stakeholders can hinder effective enforcement of noise control regulations. To address these challenges, it is essential to strengthen the enforcement of noise control by-laws through increased resources, updated penalties, and public education campaigns.

 

A Call for Reform- Enhancing Noise Regulation in Zimbabwe

Zimbabwe can benefit from adopting clear decibel-based standards for noise regulation, updated regulations with measurable limits would empower authorities to act swiftly and effectively address noise pollution. This approach would help ensure residents’ constitutional right to peace is protected.

Key Recommendations

1. Soundproofing Requirements: commercial venues in residential areas must be compelled  to install soundproofing equipment to minimize noise disturbance.
2. Clear Permit System: establish a permit system for public events with sound, requiring applicants to provide event details, location, sound source, duration, and payment of a prescribed fee. There’s need to set out curfew times to be adhered to.
3. Stricter Monitoring: Increase monitoring of noise by-laws, with authorities impounding equipment and impose fines on offenders without hesitation.
4. Penalties: Implement stiffer penalties for noise pollution offenses, serving as a deterrent to potential violators.
5. Public Awareness: Launch public awareness campaigns to educate residents and business owners about the impact of noise pollution and the importance of adhering to noise regulations.
6. Explore the implementation of designated entertainment zones.

 

Conclusion

Noise pollution in Zimbabwe is more than just an annoyance  it is a growing public health issue and a test of local governance.

The laws exist, but enforcement remains weak and inconsistent. Until councils modernize their by-laws, strengthen penalties, and take residents’ complaints seriously, the right to a peaceful environment will remain drowned out by the blare of loudspeakers.

In Harare’s quieter residential zones, a familiar sound creeps in after dusk church loudspeakers, party amplifiers, and street vendors broadcasting their wares.

While Harare has Noise By-Laws 2014, many residents say the legal protections are more theory than reality. The by-laws clearly define limits, require consent, and set penalties.

What remains lacking is consistent enforcement and civic awareness. Without those, the peace promised in the by-laws remains silenced by the loudspeakers.

 

Rutendo Manhimanzi is a registered Legal Practitioner, and she practices in Avondale, Harare under the Law Firm Ruzvidzo Legal Counsel. She can be reached on +263 773 589 263 or email rmanhimanzi@yahoo.com