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Loud music tavern owner sent to jail

In a shocking sentence, the owner of a popular Soshanguve drinking hole has been sent to effective 2 years jail term after he was found guilty on 26 counts relating to noise pollution by City of Tshwane Municipal Court recently.

The 44 year old Phillip Mafata was found guilty of contravening section 8, 9 and 15 of the Gauteng Noise Control Regulation of 1999 promulgated under section 25 of the Environment Act, 1989 ( Act 73 of 1989) which is currently used by the Municipal Health Services to enforce noise control in the City of Tshwane.

The regulation stipulate amongst others that noise generated by a device or activity on a property may not be audible beyond its boundary. The case against Mafata was brought to the City of Tshwane’s Municipal Health Services Section by his neighbour.

The complainant, Kenneth Sithebe said the nature of Mafata’s business caused much anguish in the neighbourhood, as the music was played until the early hours of the morning. “The torture he inflicted on my family, causing us $ years of sleepless night, 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 serious psychological harm,” said Sithebe.

Mafata was previously fined R 12 000 for contravening the Gauteng Noise Control Regulations, after he pleaded guilty to all charges. During the mitigation of the sentence, the City of Tshwane prosecutor Kagiso Ratlhogo said all charges the accused was found guilty on were a serious offence. Handing down the sentence, Magistrate JC kruger the accused did not listen to the advice of Environmental Health Practitioners; “ History has shown that Mafata has no respect for the rule of law and his neighbours.”

By Tshepo Marutha 
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