by Carmel Rickard
After a three year struggle, Smithfield resident Stan Winer has won a victory over municipal indolence, ignorance and a
couldn’t-care-less attitude. And his victory could prove very useful for others faced with unhelpful officials in Smithfield as well as the rest of Xhariep district.
Winer has been complaining about his Smithfield neighbour who was running a backyard business that caused constant noise and dirt. In Winer’s view the business should not have been allowed in a residential area as it amounted to industrial use of the land.
“The noise of the bulldozers was the worst,” he told Smiffie.
Repeated complaints to the Mohokare authorities led only to being sent from one official to another and the eventual decision that nothing could be done about it. The matter was then taken up with the Public Protector in Bloemfontein.
In mid-January, quite out of the blue, Winer received notification from the Public Protector’s office that the Xhariep District Municipality had investigated the situation. As a result of its investigation it had been found that the neighbour had contravened the Public Health Regulations Act.
He has now been given 90 days to pack up and move his business out of the residential part of Smithfield.
According to a report by Zingisa Tindleni, Manager: Environmental Health, a routine health inspection was conducted at Winer’s neighbour’s erf on December 3 last year.
During that inspection it was found that the neighbour was in breach of a number of regulations. For example, he had contravened an administrative notice in respect of “Offensive Trades”, by putting up a temporary structure used for storage of industrial equipment. Part of the erf was used for storing such equipment and this could promote “rodent infestation”, said the report.
The report pointed out that anyone wanting to carry out a potentially “offensive trade” first had to apply in writing to Mohokare Municipality, making full disclosure about the nature of the work to be carried on at the site.
The report noted that the storage of industrial equipment in a residential area was not permitted. During the inspection, the complaint about the level of noise was also examined and it was concluded that on these grounds too the business would have to relocate.
If the business is not moved within 90 days, council officials will have the equipment moved, and will then bill the neighbour for the work done.
This case has also brought to light the recent appointment of Tindleni as environmental health manager for the district.
Her appointment, and the evidence of her efficient action indicates that frustrated residents of the district may have found a new ally.