Later on in the year, on the 5th of November, is the commemoration of the early 17th Century Guy Fawkes Night, which celebrates the fact that King James the 1st survived an attack on his life.
I place the two dates together for the purposes of this discussion for one reason only – BOTH OCCASIONS ARE MARKED BY THE EXPLODING OF FIREWORKS!
A very contentious issue in the sectional title environment!!!!!!!!
Kubashnie and Pravesh have moved into an up-market complex in Joburg and are absolutely horrified to read in the Conduct Rules that fireworks are prohibited.
Over Diwali it has become tradition that their family from Durban joins them to celebrate. Apart from Granny’s very special Kesar Barfi and Gulab Jamun (that Uncle can’t eat because of his sugar); the very best part is the cousins’ specially prepared firework display!
As far as they are concerned their Constitutional right to practice their religion is being violated.
They consult an attorney forthwith.
CAN THE CONDUCT RULES IN A SECTIONAL TITLE SCHEME PROHIBIT THE USE OF FIREWORKS?
Yes, Body Corporate Conduct Rules can prohibit the setting off of fireworks.
Setting off of fireworks is not denying a particular religious or cultural group the right to practice their religion.
Let’s have a look at the Sectional Titles Act and the Law in general. (Remember, as I’ve pointed out before, that Management Rule 68 makes ALL Law applicable in South Africa applicable to sectional title as well)
Firstly, if a Conduct Rules says “NO FIREWORKS” then no fireworks are permitted – you can stand on your head and whistle your favourite nursery rhyme through your nose, it won’t change anything!!!!! When you move into a sectional scheme you agree to be bound by the Rules of a scheme.
What if the Rules say nothing about fireworks?
Chapter 3 of the Johannesburg Emergency Services By-Laws deal specifically with the Control of Fireworks and prohibit the use of fireworks:
- a) inside any building OR b) in any place where animals are present.
UNLESS
- You apply to the City Council and it gives you consent ( subject to any condition it deems appropriate);
- The Council may require that the fireworks display be presented only on suitable premises designated by the Council and under the supervision and control of an official designated by the Council.
IN ADDITION, a pyrotechnist must be present at all times.
Even if you are granted permission, the by-laws further state that fireworks are only permitted during the following times:
Divali from 19h00 to 22h00 and Guy Fawkes Day from 19h00 to 22h00
If you contravene the above conditions you will be heavily fined!
Don’t hesitate to contact us at jleon@ibalaw.co.za OR KAREN at kbleijs@ibalaw.co.za
