City said to be dodging talks over call to prayer ‘flouting’ noise by-laws

THE City of Cape Town has been accused of avoiding talks of removing the “call to prayer” from its noise by-laws, despite indicating that the Athaan and church bells will be removed from the description of “noise nuisance”.

A number of religious communities have been up in arms over the by-law, charging that anything from a religious perspective should “not be called a noise nuisance”.

GOOD party's Suzette Little said they had submitted a motion a few weeks ago for the matter to be debated.

“When GOOD submitted a motion to the City a few weeks ago to effect the necessary amendments, the speaker of the council accepted the motion and said it would be on the agenda for the council meeting on April 28.

“But DA politics has subsequently intervened.

“The party doesn't want to have to account for its inaction. The speaker now says that although the motion will be on the agenda, it will not be debated.

“It has, instead, been referred by the City manager to the portfolio committee for safety and security.

“The speaker should know that the City manager doesn't have the power to usurp functions of the municipal council.

“Avoiding the debate by re-directing the matter to a council sub-structure not only breaks the council's own rules, it is also unconstitutional,” Little said.

City spokesperson Luthando Tyhalibongo said the City respected the right to practice any religion and there had been no instances where the administration had silenced the call to prayer or a church/mosque.

“However, the City is duty-bound to investigate complaints, as provided for in the Western Cape Noise Regulations governing issues around noise nuisances and disturbances. These are provincial regulations.

“In an effort to promote tolerance across our diverse communities, the Western Cape Noise Regulations do allow for an individual to apply for an exemption which takes into consideration full reasons for the application and public input.

“The City understands the sensitivities around the call to prayer, but we need to be mindful that everyone has rights and the City uses very regulatory processes to adjudicate these matters,“Tyhalibongo said.

Muslim Judicial Council (MJC) second deputy president, Sheikh Riad Fataar said they would be meeting with the City again next month to address the issue.

“In the last meeting, we were told these kind of changes can only happen in June, 2022.

“Hence we will be meeting again with the City in May so that we can address this issue and we are hopeful going into that meeting,” he said.