A dispute over noise complaints at Hartbeespoort Dam in the North West province is escalating, with black business owners alleging racially motivated enforcement. The situation builds upon existing tensions stemming from a South African Human Rights Commission (SAHRC) investigation into the allocation of state-owned land.
Narrow Debate, Unresolved Grievances
A resident reported that “thunderous” live music from Legacy on the Dam has dominated weekends for the past 18 months, continuing into Sunday mornings. The resident stated these disturbances infringe upon rights to dignity, privacy, and a healthy environment. The resident also argued that public debate has been too narrowly focused on land lease allocations, overlooking broader issues of regulatory compliance and enforcement.
The SAHRC acknowledged that noise disturbances could be a human rights concern, but indicated these matters had been addressed through general directives. However, the Hartbeespoort Community Development Initiative (HCDI), who initially brought the land allocation concerns to the SAHRC, rejected the commission’s report as incomplete and has appealed its findings.
Claims of Unequal Treatment
Thabiso Mathibedi, owner of Bubbles Champagne Garden – which was allegedly burnt down in an arson attack last year – contends that white-owned venues are permitted to host live music without complaint. He questioned whether events catering to white audiences are accepted without permits, while those hosted by black businesses are deemed unacceptable. Mathibedi stated his 2018 application to occupy land was objected to by white occupants without justification.
He believes that objections are now surfacing as black entrepreneurs gain access to land, fueled by individuals holding onto “apartheid-era attitudes.” Mathibedi alleges the aim is to conceal historical injustices and illegal occupation, citing instances of government officials being denied access to state land and municipal roads being illegally blocked to prevent black lease applicants from accessing allocated land.
Hartley Ngoato, owner of Legacy on the Dam, stated that complainants remain anonymous because they anticipate their statements would be discredited. He reported receiving complaints about loud music even when his establishment is closed, while similar events at white-owned venues reportedly do not draw complaints.
Resistance to Black Occupation Claims
Mmeli Mdluli, founder of HCDI, noted that white residents previously occupied the shoreline without leases and without facing objections regarding noise or environmental impact. He argued that unequal treatment has persisted for years, excluding black applicants. Mdluli pointed to documentary evidence dating back to 2017 demonstrating resistance to black occupation even before any alleged disturbances occurred.
He believes the complaints are less about noise levels and more about resisting the occupation of state land by black individuals.
Frequently Asked Questions
What is the history of land allocation disputes at Hartbeespoort Dam?
The South African Human Rights Commission (SAHRC) found systemic racial discrimination and administrative failures in the allocation of state-owned land along the dam shoreline, where black applicants were sidelined in favor of white occupants.
What are the specific complaints against Legacy on the Dam and Bubbles Champagne Garden?
A resident claims Legacy on the Dam hosts “thunderous” live music on weekends that continues into Sunday mornings. Bubbles Champagne Garden was allegedly burnt down in an arson attack and is also blamed for noise disturbances.
What do the business owners allege is the motivation behind the complaints?
Thabiso Mathibedi and Hartley Ngoato allege the complaints are racially motivated attempts to prevent black entrepreneurs from operating on state-owned land and are rooted in attitudes stemming from the apartheid era.
Given the history of land disputes and the current allegations of unequal enforcement, how might the situation at Hartbeespoort Dam evolve if these concerns are not addressed?
