Woman turns to court to stop neighbours’

COCK-A-DOODLE-DOO! The early morning crowing of roosters and other noises from the neighbouring property was such torture that a Midrand woman has gone to court.

Anelle van Buuren turned to the high court in Pretoria to interdict her neighbours, Sadhaseelan and Sarashnee Govender, over the noise caused by their menagerie of roosters, geese and a turkey.

Describing it as noise pollution, she said she had tried everything to stop the noise, which carried on all day. “I approached them on numerous occasions, I approached the SPCA, the City of Joburg and the National Prosecuting Authority,” she told the court.

In court papers she said: “All my attempts to resolve this have come to naught.”

She said the Govenders had moved in next door to her in 2013 and set up a pen for poultry on the boundary wall with her property. But, she said, it was close to her bedroom which faced the wall. Her neighbours then packed in a variety of poultry, including roosters, chickens, geese, peacocks and a turkey. “Needless to say, they caused a lot of noise.

“The roosters crowed at dusk, throughout the night and into the early morning. The peacocks and hens called regularly, especially at dusk and dawn.

“The turkey gobbles all hours of the day and night,” she said.

Van Buuren said the noise had seriously affected her convenience and peace as she was awoken at night and early in the morning.

“I initially tolerated the noise, thinking the animals would settle down. After several months of continuous noise, interrupted sleep and increasing ill health I realised they were not going to settle down.”

Van Buuren said she had spoken to the Govenders and they had moved the pen slightly back from the boundary wall.

But while this perked her up, the prospect of sleep was short-lived, and the noise continued.

Van Buuren eventually contacted the Gauteng Health Department and officials paid the Govenders a visit.

She was told by the officials that the area was zoned agricultural and the noise was reasonable under the circumstances.

The Govenders moved the pen further from the wall and got rid of some of the roosters. This helped, Van Buuren said, as there was less crowing but the noise continued.

She said she could no longer handle the sleep deprivation. But Sarashnee Govender said she had adhered to all calls to move the pen, yet her neighbour continued to complain.

Judge Pierre Rabie did not make an order regarding the interdict at this stage and simply ordered the Govenders to pay Van Buuren’s legal costs for the application.