High Court mutes BT City Council on Zinkhoswe and wedding ban in residential areas

Garden owners in the commercial city of Blantyre on Friday obtained an injunction stopping the City Council’s decision to outlaw holding of events in residential areas.

At a traditional Malawian engagement (chinkhoswe) the guests give many low denomination notes in a dance (pelekani pelekani)

At a traditional Malawian engagement (chinkhoswe) the guests give many low denomination notes in a dance (pelekani pelekani)

The city recently banned holding of wedding, engagement and bridal shower ceremonies in residential areas.

The High Court in Blantyre has since allowed judicial review on the matter, granting a sigh of relief to garden owners who petitioned Blantyre City Council on 4 May 2015.

Blantyre City Council in April banned holding of ceremonies in residential areas to curb noise pollution following complaints from some residents of various townships about noise that comes from bridal showers, birthday parties, kitchen top-ups and wedding ceremonies that are held within residential areas.

However, garden owners wrote the Council raising concerns about the abruptness of the order before they sought the court’s intervetion.

The Council said was concerned by the increase in the number of houses being turned into arenas for public ceremonies such as weddings, engagements and bridal showers in residential areas contrary of zoning of the same as residential areas under the Urban Structure Plan of the City of Blantyre.

It then threatened those to prosecute and confiscate instruments being used to cause the said noise nuisance from those defying the ban.

But critics argue that the city authorities are likely to lose the battle on noise pollution as the by-laws do not specify sound level limits for various areas considering that the city council does not have equipment to measure sound levels.

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25 thoughts on “High Court mutes BT City Council on Zinkhoswe and wedding ban in residential areas”

  1. kate says:

    the ban should also include ma bar onse operating within residential areas chifukwa amasokosa kwambiri. All bars should relocate to trading centers or town areas.

  2. Mphangela says:

    Kodi kuno kwathu ndiangati angakwanitse kulipila malo omwe a blantyre city akufunawo?mmalo mowona za chitetezo mdziko muno mulibe busy ndi zinthu za pa nthawi.osatseka ma bottlestore ali mmalocationwa bwanji or may be amenewa alibe phokoso likunenedwalo?

  3. Kaziulika Chimugonda says:

    The ban should include those with DJ equipment to stop playing in their homes especially during night time. They disturb those studying for examinations. I suggest that a pompo pompo fine be spelt out.

  4. Titus says:

    BCC should have given garden owners and their clients adequate notification. Certainly, garden users pay way in advance of functions for service providers to prepare accordingly. Unfortunately, BCC had issued a ‘pompo pompo’ stop to the garden functions; hence the outcry especially from those who had already booked. May I ask all city councils to please give proper notifications on the issue. For example, the councils may announce that beginning January 1st 2016, city councils of BT, LL, ZA, MZ will not permit noise polution in residential areas. Fullstop

  5. This Is Malawi. says:

    This is Malawi. These are lawyers in Malawi. You need a law against urinating in public, if not , shauri yako!!

  6. Truck says:

    That’s good move don’t forget to close also all Clubs in Residential areas they make noise at night especially on week ends.

  7. Bigman Yusuf Mjomba (Ayuzzey) says:

    Oooooooooooooooooooooookk?

  8. Willie Chirwa says:

    Am a layman in the law arena but one thing I know is if you break the laws of the land you stand to be arrested period. Blantyre City has its bye laws which should be enforced for the good running of the City. Our learned collegue should have taken that on board before granting this injuction, Each and every city, municipal or town council has its own bye laws, during the maturing period of maize we hear of bans on the sale of the same commodity with the aim of preventing theft of green maize in the fields. The noise pollution we experience in our townships is really irritating to say the least. If you are celebrating any event do not make it an incovinience to your neighbour end of story. The discomfort to cause is also an infringement of my right to live a peaceful life. Mr. Chief Justice this is one of the issue your bench should be addressing aprt from the judge shopping case. Next time I will obtain a court injunctio to stop my arrest from a criminal activity

  9. Chidongo j says:

    Voto la ma judge omwe anaphunzira ku Malawi ndikungo kulira komweko osaenda alibe chitukuko. phokosodi m’manyumba zikhoswe. A malawi zoona ndithu umunthu wanu wapita kuti amene mukufanizira maliro ndi zikhoswe. kapena birthday. ndiponso ndi kusauka ndi umbuli kumakhala ndi a master of ceremony pa birthday ndikumasupa. Kumaiko anzathu kulibe zimenezo. Itanani anthu kuti anzadye ndikubwera ndi mphaso zoa monga apangira RSA. Khalani anthu okopera zinthu zabwino. Matchalichi onse amanyumba mutsekenso kungodyera anthu ndalama munse munayambira tchalichi mumanga liti. Gulani matent ndi otchipa kwambiri kapana muzipanga hire matent. Mayor akuyenera kulandira ulemu. or kuno ku UK kulibe kufupa birthday ngakhalenso ku RSA ngati mukuti ndi chizungu ngati siumbulindi umphawi. Kulibe dziko lopanda malamulo. Mafarm ndi amene anzanu amapangirako zithu ngati zimenezo pamakhala katchalitch kang’ono ndi gardern yokongola kwambiri. onani pa you tube ngati ndikunama. Bingu di akanawaonetsa mbwadza kalekale uja analiozindikira kwambiri ndipo oonetsadi kuti anakhaladi maiko akuulaya. Peter longosora kwanthu mwatchutchu kuti amvetse. Nchoncho tikope matourist ndikubweretsa ndalama m’dziko mwathumo ndalama za mabirthday ndi zikhoswe basi zazi. ma judge opanda nzeru pitaniko maiko akuja mukakhaleko ngati muli ndizo kuyenerezani.

  10. Mphwache says:

    Ndaonanso kuti Prophet Samuel waonjeza ma decibel ake. Ife anthu a ku Likhubula and Chemussa sitikugona. Kodi ma church onsewa satha kulalika? Nanga cholalikira at very high decibels ndi chiyani, pamene anthu ali mchurch momwemo? Are they deaf?

    Ifenso kuchurch kwathu timapemphera, kutulutsa ademoni, kupereka nsembe koma timachita zimenezi within the confines of our church. Sitisokosera anthu onse mu manyumba mwawo. Kodi inu a prophet mukupanga zimenezi, zikusiyana bwanji ndi aja a mabottlestore omwenso akuchezera usiku kulalika uthenga wao wamowa.?

  11. Kongaaa says:

    Umbutuma uli pa Malawi wankitsa… This is mental retardation 101. Blantyre City Council has not created new laws it is just ENFORCING the laws already on the books. So the retarded judges are validating the injunction based on what?

    The road to sanity for a country that has been INSANE for a long time will be peppered by foolishness like this. Mayor Chalamanda and your team, keep up the good work. Lets have order and sanity in our society. A President Mutharika, please have some standards, and support these mayors on sanity bringing initiatives. If Bingu was alive anakawatukwana ma lawyers as well as ma judges for their poor judgement and support the Mayors on their sanity. A Pres plz wake up from the slumber, this is a long hanging fruit for you to use to display your connection to everyday Malawi issues. Tell us your order standards for the cities under your rule kuti muwapatse ma Mayors mangolomera. Eish… chidziko ichiii

  12. Kavuluvulu says:

    Amasokoseradi agalu awa.

  13. Chikopa says:

    Half-pint sized Mayor could have known that the injunction was just around the corner. Consultation would have been the best approach. It is true that these gardens owners make more money but are nuisance to neighbours, blocking roads, littering around and of course a few used condoms. But you cannot act as a Bigman. The Mayor could have tried to convince the public that they are inconvenienced and then turn against the owners.

  14. Zuna says:

    On top of noise pollution, it also poses a risk of car accidents as these venues do not provide ample parking space for attendees, resulting in vehicles parking on the narrow streets of our residential areas.

    These events should only be conducted at residential areas with:
    1. Ample parking space inside the premises, not street parking
    2. A business licence from City Council and MRA presence
    3. No use of public address system thus music noise limited to the premises only by use of low output home music equipment and sound proofing done on the house to reduce noise pollution
    4. Environmental Impact assessment certificate issued by City Council to ensure that all factors are considered before an event is approved to happen
    5. Approval that an event should take place by all or 90% of the neighborhood residents within the 2km radius or as far as noise can reach (this done through door-to-door visit to get signatures of the residents approving the event to occur in their location).
    6. Designate a parking space at the nearest ground or school premises for all cars (done by the host of the event) and not even one car allowed on the street
    7. Circulate to the neighbors the playlist of all the music to be played at the event to prevent children in the neighborhood from listening to profane or satanic music usually played at such events
    8. Provide mobile toilet facilities at the event location to cater for 10 people per toilet, if the premises do not have enough facilities. This will prevent attendants from urinating and even defecating on the streets and trees and plants around the premises

    If the above requirements are not met, then an event cannot be conducted at a residential location

  15. Charombanthu says:

    What noise? Are you also going to ban funerals (maliro) and mapemphero? If you don’t like the music, change the channel. Sound-proof your house from such “noise”, period. Ife tiope kupanga birthday party ya mwana wathu chifukwa cha a City?

  16. Ngongoliwa says:

    THOSE AGAINST ARE NOT MALAWIANS. YOU ARE HERE TO MAKE MONEY ONLY AND YOU WILL LEAVE US WHEN YOUR POCKETS ARE FULL. WITH HIGH UNEMPLOYMENT RATE AND ECONOMIC SITUATION DO YOU THINK MOST OF US CAN AFFORD BOOKING HOTELS FOR THESE FUNCTIONS? BTC SHOULD ASSESS THE SUITABILITY OF THESE VENUES AND CHARGE A REASONABLE FEE AND NOT BANNING. THE NOISE ISSUES ARE BEING INFLUENCED BY AZUNGU, AMWENYE AND MALAWIAN RETURNEES!!!!!!

  17. Bazooka says:

    Have a “Town Hall” debate on the matter in order to hear the views of the city residents themselves not some silly Judge who resides in low density area and probably has no idea what it feels like to be subjected to noise pollution decide on the matter

  18. Hall For Rent Manager says:

    Indeed this judge is a drunkard.

  19. Chilli Bite says:

    Apart from noise pollution do these owners pay tax after turning their properties from residential to commercial status through backdoor? Did they have any authority from the Town Planning? To me this is a straight forward case which a learned judge could not even entertain by granting an injuction.

  20. Getu Petulo Trivia Salanje says:

    Also ban mwazini and night of prayers. THey disturb us too. Ku nkolokosa its too much. Calvary Family musiyeso kuyimitsa magalimoto mu nsewu. Shupit

  21. Tembusha says:

    I will open a chinkhoswe venue next to this judge’ house!

  22. saindi misale says:

    Drunk judge in deed. The likes of Kenyata Nyirenda , and Loyd Muhara . Any need for judicial review here? The noise is so terrible. If anything, the ban should have been extended to other events in residential areas like noisy overnight prayers as well as shabins. Kukonda ma sikono ma judje a pa Malawi hahahahahaha

  23. bob says:

    This issue raises an important issue of having ID cards for Malawians. If this happened the matter could have been put to a referendum by the city to determine if its residents accept the restrictions or not . The taking of a decision by the council without consulting was undemocratic and incompatible with dynamics of modern open society

  24. Youth League Chairman: Kawale 1 market says:

    Stupid judge

  25. mphini za mutchafu says:

    Which drunk judge has granted this careless and thoughtless injuction? Why encourage wrong things these people cause noise in residential areas and you give them an injunction sgainst the city no moral grounds on the judge

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