A PLOT of land in Mkusi Road in Waterfall has become a bone of contention between local residents and a church renting it.
The plot is owned by Rev PS Gama who said it is zoned as recreational.
The owner has rented the land to the Nazarites Church of God since July for as long as they need it.
Local residents claim the congregation is ‘illegal’ and ‘noisy’ while congregants feel as if they are being harassed and undermined for their religion and tradition.
Waterfall residents have sent many emails regarding this matter to the Highway Mail, saying the noisy services have been going on for months and they have been forced to retreat into their homes with doors and windows closed and curtains drawn to try and insulate themselves from the noise.
The residents said they have been struggling to get the church removed, which they claim has been illegally set up and operating in a residential area.
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Residents have also said congregants dump their refuse with those of the residents’ and it gets collected because the residents are paying for this service.
In an email, residents said the house which is on the property is “certainly unfit for occupation with a roof that is collapsing and there are people living in a house without an occupation certificate.”
One of the residents, Kirstin Damster, said the zoning in this particular area is residential, so churches are not permitted to be established there.
“Every Saturday and Sunday without fail we have the banging of drums, blowing whistles and trumpets with no beat whatsoever. It disturbs the peace in this tranquil area and causes frustration.
“No consideration is given for paying residents occupying the surrounding areas, yet we have been pushed aside and ignored like we are the unethical, illegal individuals,” said Damster.
The residents also raised the matter of the church not having toilet facilities.
“They have also tapped into water supplies illegally. I have a picture of them digging a hole to connect to the main water supply. We have approached the municipality and we even called the police for assistance in this matter. But to date the assistance and support has been non-existent,” said another resident, Paul Cunningham.
‘We are not breaking any law’ – Rev Melusi Mpanza
Speaking to the Highway Mail, Rev Melusi Mpanza of the Nazarites Church of God said ever since they started their church, services have been ill treated by the people around that area.
“The plot we are in is zoned off as a recreational area and we have an agreement with the property owner. The people in that area have complained to him several times and they have called police on us on plenty of occasions.”
Mpanza said because they are doing nothing wrong, the police have not been able to take any action on them and the municipality has not removed them.
“Before we came here, we read the bylaws and we adhere to them. The bylaw states that it is illegal to make noise in a residential area after 10pm and we are only here from 9am to 5pm on Saturdays, we are a Nazareth Church and our church services are held on Saturdays. If we are gathered here on a Sunday, it usually for our meetings and special ceremonies,” explained Mpanza.
With regards to the banging of drums, blowing whistles and trumpets, Mpanza said that only goes on for an hour as they have their service and breaks in between.
“The Nazareth churches are usually held in parks or a recreational area, and it has been done like that for years. We have tried to change some other rules to make it as decent as possible to accommodate the residents around this area and even put up a tent. Where are we suppose to go?” he asked.
He added that he believes that people should respect other people’s religion and tradition as they do. “There are other religions in this area and we respect them and we have not heard any complaints about those services.”
“In one instance, we had a resident coming here, insulting us about our religion and telling us that this is not a church and calling us names,” said Mpanza.
Rezoning law
According to eThekwini Head of Communications, Tozi Mthethwa, rezoning is a statutory process which every property owner is entitled to undertake should they wish to do so.
“The process includes public participation through which interested and affected parties are given an opportunity to submit comments which are then evaluated together with other planning aspects in order to arrive at a planning decision.
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“It must be noted that submitting an objection does not automatically result in a refusal of the application, however, people also have a legal right of appeal, within the stipulated time frames should they not be satisfied with the outcome,” said Mthethwa.
She added that the matter of the church in question is being investigated by the relevant unit and she will revert once the investigation has been collated.
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