Life a living hell for church neighbour
● Windvogel woman prays for peace and quiet amid battle with Divine Healing Ministries over ‘blaring’ music
A sound meter installed on a cellphone, harassment claims and protracted legal action — the war between a Windvogel resident and a church over music allegedly blaring at ungodly hours continues two years on.
The frustrated resident, desperate for peace and quiet, has now escalated her complaint to Nelson Mandela Bay mayor Retief Odendaal and, should that not work, she has vowed to approach the public protector’s office.
Bethelsdorp Road resident Glenise Slabbert has accused Divine Healing Ministries, which has been operating in the area since 2000, of noise pollution, unlawfully occupying municipal land and setting up an illegal electricity connection.
Though the church pastor admitted to not receiving the necessary permission to run an electricity connection across the walkway from a resident’s house, Odendaal said this week the municipality was unaware of an illegal connection but would investigate the claim.
“I’ll make sure there is an inspection regarding the allegations,” the mayor said.
His response came after a two-year feud which led to a tense standoff between Slabbert and pastor Hirem Harmse, followed by a protracted court battle.
Though their latest legal spat ended with Harmse withdrawing a harassment case against her, Slabbert said there was no end in sight to the deafening noise.
“It has continued unabated,” a dejected Slabbert said after fighting tooth and nail since May 2021 to get the issue resolved.
She said this was despite an out-of-court settlement in September 2021, which instructed the ministry to control its noise levels.
Slabbert had reported a harassment case over the alleged constant noise in June that year against a former assistant pastor and Harmse’s sonin-law, Enrico Damons.
During this time, Damons, who started his own ministry in January, held frequent music rehearsals which Slabbert said disturbed the neighbourhood’s peace.
However, she withdrew the case on the advice of her lawyers in exchange for a settlement agreement.
Slabbert said the church had reverted to playing loud music a few days later and that she had corroborating evidence to support her claims.
“The mediation clearly meant nothing to Harmse,” Slabbert said.
“Acting on my counsel’s advice, I withdrew the charge and proceeded with the agreement.
“The church adhered to the agreement from September 3 to 5. However, it resumed its noise on September 6.”
According to medical documents seen by The Herald, the fracas had allegedly caused her generalised anxiety, depression and post-traumatic stress as the loud noise was a regular occurrence.
She said it began in August 2020, shortly after the church was erected as a temporary structure.
Divine Healing Ministries, struggling to keep up with high rent payments at a building in Schauderville, had moved to a temporary structure in Windvogel.
“It has only worsened since,” Slabbert said.
“I have called the police about 10 times due to my frustration over the loud sound.
“I also pleaded with a few church members to get the volume lowered.”
Slabbert’s neighbour, Graeme Newfeldt, who lives with his 80-year-old father, said the noise 80m away was diminishing their quality of life.
“My father is a diabetic. In the evenings, the noise interferes with his rest.
“We close the doors and windows, but the sound still comes through.
“It has been difficult for us, seeing as I need to look after him [due to his frail health].
“I’d understand if it went on for an hour on Sundays.
“But in this case it happens on Monday nights and sometimes during the week.”
Desperate to get her concerns heard by the municipality, Slabbert, after downloading a sound level meter on her phone, contacted Odendaal for a meeting.
She sought his intervention after the previous court matter fell flat.
“In September 2021, I contacted the municipality to lay a noise nuisance complaint,” she said.
A noise compliance notice was served on the church on November 21.
The notice, referring to the sound meter reading at her residence, stated: “The noise from Divine Healing Ministries was loud and audible.”
The municipality then installed a decibel meter at the premises on January 30 last year.
However, it found this month that there was no noise disturbance.
According to Sections 5 and 6(a) of the Noise Control ByLaw, no person may:
Make, produce or cause a disturbing noise, or allow it to be made, produced or caused by any person, animal, machine, device or apparatus
‘I have called the police about 10 times due to my frustration over the loud sound. I also pleaded with a few church members to get the volume lowered’
or any combination thereof; and
● Operate or play, or allow to be operated or played, a radio, TV set, drum, musical instrument, sound amplifier, loudspeaker system or [a] similar device producing, reproducing or amplifying sound so as to cause a noise nuisance.
Harmse, who plays the piano, denied playing music above a threshold which created a disturbance for residents nearby.
He said his church observed praise and worship as part of any religious protocol, though to acceptable limits.
His church used a sound system comprising Peavey top speakers, Hybrid base bins and two monitors.
A sound engineer ensured the music was not played at full throttle, Harmse said, after launching his own harassment case against Slabbert and later withdrawing it.
He said services on Sundays lasted two hours, with 30 minutes set aside for praise and worship, which included reciting hymns.
Two-hour services are held on Mondays and sporadic gatherings during the week.
“She was told in court we [had] the right to [hold] church services,” he said.
“But we refuse to believe we cause a noise.
“Glenise refused an invite from us to come into our church to learn whether we did.”
Slabbert denied being invited to the church.
Harmse, in response to Slabbert’s accusations that he put up his temporary structure illegally, said the human settlements department had permitted the erection of a 126m² container in 2020.
Divine Healing Ministries, however, ran an exposed illegal electricity connection across the walkway from a resident’s house.
Harmse conceded that he had not received the municipality’s blessing to connect to an electrical source.
“We approached the resident, who agreed after we notified them it was only temporary to power the church,” Harmse said.
“But we have not received the municipality’s go-ahead,” he admitted.
Odendaal said the municipality had tried to resolve the noise issue.
“The municipality embarked on a process to resolve it. There could be a more personal issue at play.”
Slabbert insisted that Divine Healing Ministries had reduced its noise level to ensure an acceptable decibel meter reading during the assessment but increased it again once it was removed.