Eight-year dispute between residents and ‘noisy’ church

RESIDENTS of Chiawelo in Soweto have spent eight years complaining about noise levels in the area, coming from the Unity Fellowship Church.

In an eight-year legal battle between residents of Chiawelo Extension 5 and Unity Fellowship Church, the City of Joburg has not solved the dispute.

Grace Peele and residents of Chiawelo Extension 5 have drawn up a petition requesting a reduction of the noise levels from the church. The petition said: “They were not consulted before the church was erected in the area to sign a petition to agree if they need a church in the area or not.”

A court order was sent to the leadership of the charismatic Christian church, which they refused to abide by.

“This is the eighth year we have been living under unbearable conditions. The church has been arrogant about this and have harassed me,” said Peele, one of the unhappy residents.

“Chiawelo residents are complaining about the public disturbance and noise pollution emanating from the Unity Fellowship Church. We were arrogantly told by them that they have a right to religion, stated in the constitution, and they cannot compromise or be told how to worship,” she said.

“People are not happy about this, although there are other residents who are hiding beside me. We don’t have peace of mind at all,” said Peele.

Unity Fellowship Church spokesperson Dr Theophilus Mukhuba told The Star the church had every right to operate as they had relevant documentation proving ownership.

“We have every right like any other church. In any event, where have you heard of a church that worships in silence? When we bought the land we deliberately bought it in what is called an industrial area.

“Unfortunately, the City of Joburg built houses in what is called a buffer zone. I don’t know who got ‘tjotjo’ or was bribed, but the area where they built the houses is just next to the church,” said Mukhuba.

“The church was built in 2009 and we have the papers to prove that we own the land. Our building plans were approved and we applied for consent for a place of worship, which was also approved,” he said.

According to Mukhuba, the court and Chiawelo residents need to use an independent contractor to measure the noise levels.

“They can’t use a measurement for a residential area because the church is in an industrial area,” he said.

Mukhuba admits the municipality made the mistake of approving the church building about 5 metres from residents’ windows.

“When we bought the land, the houses were already built on the land. They should have said we should build on the other side of the yard,” he added.

“Even if we clapped our hands, people will say that we are making noise,” Mukhuba said.

“If people did not want the church there, do you think they would be writing a petition?” said Mukhuba.

“They would have burnt and toyi-toyied. Why haven’t people organised and said as a community ‘we are dissatisfied with the church?’” Mukhuba said.

According to Mukhuba, the church has submitted a counterpetition to the City of Joburg and applied for a counter-court order against the disgruntled community members.

The City of Joburg had not responded to enquiries regarding the dispute at the time of publication.

We have every right like any other church