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To

The Chief Executive Officer, Municipality of Walvis Bay

The Local Authority Council of Walvis Bay

The Magistrate Court of Walvis Bay

Ms Elzabeth Nawa, Chief of Health Services

Petition Details

We, the undersigned residents and stakeholders represented by the JWBRA, submit this petition to raise urgent concerns regarding persistent and excessive noise disturbances within residential areas of Walvis Bay.

We wish to state clearly that we support economic development, small businesses, and entertainment venues. However, such activities must be appropriately located, responsibly managed, and compliant with the law so as not to infringe on the health, dignity, and wellbeing of residents. Development cannot come at the expense of the basic right of residents to peace and quiet within their own homes.

Residents in affected areas have been subjected to repeated and ongoing disturbances caused by amplified music, often continuing into the early hours of the morning, in some instances beyond 04h00. These disturbances are not isolated incidents, but form part of a sustained pattern that has significantly disrupted sleep, family life, and general wellbeing.

Of particular concern is the operation of the entertainment venue "La Vine Lounge" on erf 1024 (76, Theo Ben Gurirab Street), where an outdoor seating and entertainment space has been established and equipped with speakers and amplified sound systems. This is in direct violation of their Municipal Fitness Certificate.

The projection of loud music from an outdoor area into surrounding neighbourhoods substantially increases the reach and impact of the noise and is incompatible with residential living. Amplified sound of this nature is expected to be contained within properly soundproofed indoor areas, and its externalisation demonstrates a clear failure to manage noise responsibly.

In addition, concerns have been raised regarding the operation of the establishment during sensitive and regulated public holidays, including Good Friday, Easter Sunday, and Easter Monday, particularly in relation to the sale of alcohol. If confirmed, this raises serious questions about compliance with applicable licensing conditions and respect for community standards.

This matter is not merely one of inconvenience, but of legal and public health significance. In terms of the Public and Environmental Health Act 1 of 2015, a person may not cause or permit a condition that is injurious or dangerous to health. Excessive and prolonged noise exposure is widely recognised as harmful, contributing to sleep disruption, stress, and other negative health outcomes. The ongoing disturbances therefore constitute a health nuisance as contemplated in the Act.

Furthermore, in terms of the Liquor Act 6 of 1998, action may be taken where the operation of licensed premises interferes with the amenities or rights of persons living in the vicinity, or where there is unsatisfactory conduct in the manner in which the business is carried on. The repeated disturbance of residents, particularly during late-night hours, falls squarely within these grounds and may justify intervention, including the review, suspension, or cancellation of a liquor licence.

The continuation of these activities, despite ongoing complaints and their obvious impact, reflects a pattern of disregard for regulatory conditions, public health considerations, and the rights of neighbouring residents. The issue before the Municipality and the Magistrate Court is no longer whether a disturbance exists, but whether ongoing non-compliance with health and licensing laws will be meaningfully enforced.

We therefore call on the Municipality of Walvis Bay and Law Enforcement to take immediate and decisive action to end the noise disturbance and license violations, including investigating the premises in question, enforcing applicable health and noise regulations, ensuring compliance with licensing conditions, and taking appropriate enforcement measures where violations are confirmed. This may include restrictions on operating hours, limitations on sound levels, and, where necessary, canceling the liquor and/or business license.

We reiterate that we are not opposed to business or entertainment. We are in favour of balanced, lawful, and responsible development that respects both economic activity and the fundamental rights of residents. No community should be required to endure ongoing disturbance and deteriorating living conditions due to a failure of enforcement.

We submit this petition in good faith and request urgent intervention to restore a reasonable and lawful balance between commercial activity and residential wellbeing.