Let's move the discussion beyond the tone of the original complaint. Given that this is a secular multi-cultural country, religions in this instance should get about the same respect as any not-for-profit organisation or movement, and are not above the law. Also, there's probably not been such a thing as a "Muslim area" since Apartheid was dismantled.
I would state the issue as follows: *Many Obs and Salt River residents - depending on geographic location, weather conditions, and whether they are a light sleeper - are being deprived of an hour or more of sleep daily (more on Winter days less on Summer days) due to the use of amplified public address systems by Mosques to announce the pre-dawn Fajr prayer.* There is some precedent for Sleep Deprivation<http://en.wikipedia.org/wiki/Sleep_deprivation> in general as a "practice of inhuman and degrading treatment" according to the European Court of Human Rights and sleep deprivation is in breach of the European Convention on Human Rights<http://en.wikipedia.org/wiki/European_Convention_on_Human_Rights> (ECHR). It's a matter of degree, since it's not as if all residents are being completely prevented from sleeping every day of the year. Whie I don't expect ECHR rulings to hold weight in Islam, there are also the Cape Town bylaws on Noise Management<http://www.capetown.gov.za/EN/CITYHEALTH/ENVIROHEALTH/Pages/NoiseManagement.aspx>, in particular Noise Control Regulation PN 627 of 1998<http://www.capetown.gov.za/en/CityHealth/Documents/Legislation/Regulations%20-%20Noise%20Control%20Regulations%20-%20PN%20627%20of%201998.pdf>, and Noise Control Regulation PN 14 of 2007 (draft)<http://www.capetown.gov.za/en/CityHealth/Documents/Legislation/Regulations%20-%20Noise%20Control%20Regulations%20-%20PN%2014%20of%202007%20-%20Draft.pdf> which precisely prescribes the noise limits and make no mention of religious exceptions. Depending on the specifics, Mosques may skirt by because the noise duration is 5 to 10 minutes, even though an hour before dawn in winter (about 4am) being kept awake for 10 minutes seriously disturbs a night's sleep. Local government may also have political reasons not to enforce the bylaws in this case. Graham -- OPS [Obsid Public Safety] - 24/7 control room ---------------------------------------------- 021-447-1066 072-063-1653 For all emergencies please dial 10111 ---------------------------------------------- ONW: 082 081 0142, ONW email: [email protected] ---------------------------------------------- You received this message because you are subscribed to the Google Groups The Observatory Neighbourhood watch group. To post to this group, send email to [email protected]. To unsubscribe from this group, send email to [email protected]. For more options, visit this group at https://groups.google.com/d/forum/obsnw?hl=en
