Newcastle resident challenges municipality over fireworks regulations

Recently, the night sky burst into a bright display of vibrant colours as numerous families gathered to celebrate Diwali. As the community anticipates further fireworks displays for Guy Fawkes, Christmas, and New Year’s, a significant question emerges: Will residents be able to continue setting off fireworks for cultural and religious celebrations, or is Newcastle Municipality heading towards a potential legal confrontation to halt the use of fireworks within the community?

This controversy stems from a Newcastle resident preparing to take civil action against the Newcastle Municipality over what he claims is a lack of regulation on fireworks in residential areas.

In a letter submitted to Newcastle Municipal Manager Zamani Mcineka and shared with Newcastillian News, the resident, who wishes to remain anonymous as he prepares to take civil action against the Municipality, voiced his concerns over the impact of fireworks on the community, especially regarding noise pollution. The letter was sent prior to the recent Diwali celebrations.

“This unregulated activity not only affects the health and well-being of individuals but also poses a grave threat to the safety of animals. The rights of people to safety, security, and mental health, as well as the protection of animals, are guaranteed by South African law,” explained the resident. He called on the Municipality to designate specific zones for fireworks use, impose penalties for breaches of these rights, and limit firework sales to certified vendors.

The resident further emphasised that the irresponsible use of fireworks infringes on the constitutional rights of both individuals and animals. He highlighted three specific sections of the South African Constitution relevant to his case:

1. Section 12 of the Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996): This section guarantees that “everyone has the right to freedom and security of the person,” which includes protection from all forms of violence. Fireworks’ sudden and disruptive noise can induce trauma, fear, and anxiety, especially among vulnerable groups, including children, the elderly, and those suffering from post-traumatic stress disorder (PTSD).

2. Section 24 of the Constitution: This section provides for the right to “an environment that is not harmful to their health or well-being.” Fireworks in residential zones, hospitals, or animal shelters severely compromise this right, creating an environment that negatively impacts both mental and physical health.

3. Section 8 of the Constitution: This section extends the Bill of Rights to all individuals and, to some extent, to animals, ensuring their welfare and dignity. The resident argues that animals, who experience extreme fear from loud noises, should also be shielded from unnecessary harm.

In his letter to Municipal Manager Mcineka, the resident explained the adverse effects of fireworks on people and animals alike. “The use of fireworks has a profound impact on individuals and animals. For people, particularly those with mental health conditions, loud and unexpected noises can lead to anxiety, sleep disturbances, and trauma. Many people suffer from PTSD, panic attacks, and sensory sensitivities, making them especially vulnerable to noise pollution,” he wrote.

The letter also highlighted the distress that fireworks cause to animals, especially pets like dogs and cats, who often react with extreme fear and anxiety, sometimes engaging in dangerous behaviour to escape the noise. The resident further stressed that many pets are injured or go missing during firework displays, leading to long-term behavioural issues and health problems.

To substantiate his case, the resident cited multiple legislative provisions to underscore the importance of controlling fireworks. These include the National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004), the Animal Protection Act, 1962 (Act No. 71 of 1962), and the Explosives Act, 1956 (Act No. 26 of 1956), which through Section 10 empowers municipalities to issue permits and designate specific areas for fireworks use.

Speaking with Newcastillian News, the resident called on the Newcastle Municipality to enforce national laws governing fireworks use, which he argued supersede local bylaws. “The unregulated use of fireworks threatens the fundamental rights of individuals to safety, security, and well-being, as well as the protection of animals from unnecessary harm,” he stated. “It is imperative that the Municipality enforces these legal protections and ensures fireworks are used responsibly. Violations should face prosecution to prevent future harm, and I will pursue full legal recourse if the Municipality fails to address this issue effectively.”

The resident has requested the Municipality implement strict measures, including setting designated zones for fireworks use, enforcing penalties for unauthorised usage, limiting sales to certified vendors, and ensuring that anyone selling fireworks illegally faces criminal prosecution.

Despite the resident’s hopes that his letter would prompt action, Diwali celebrations went ahead without any interference from the Newcastle Municipality. However, with New Year and Christmas festivities fast approaching, he is now moving forward with plans to take civil action against the Municipality.

When asked for comment, Municipal Manager Zamani Mcineka acknowledged the resident’s right to take legal action but defended the current bylaws, asserting that they address the resident’s concerns. “Unfortunately, he is misguided. According to the South African Constitution, which highlights our basic human rights, everyone has an equal right to practise their cultural and religious beliefs,” Mcineka explained, adding that “no law may limit any of the human rights listed in the Bill of Rights.”

He asserted that the Newcastle Municipality is prepared to defend the community’s rights in court, emphasising South Africa’s unique diversity, where all cultures are free to celebrate their traditions.

Furthermore, Chief Fire Officer Stephanus Botha echoed this stance, noting that similar calls for a fireworks ban had been made in the past. “There was a recent petition in the community calling for a total ban on fireworks, but we cannot impose this as it infringes on people’s rights. This is why strict regulations are in place in the new bylaws,” he explained. Botha provided Newcastillian News with a detailed breakdown of the current regulations to help residents understand their legal rights and obligations.

According to these bylaws, the following rules have been implemented:

• No one may keep, possess, or store fireworks within Newcastle unless they are a licensed dealer, an individual with specific permission under Section 14 of the Explosives Act, or part of a religious, cultural, or traditional group with permission under Section 15 of the Act.
• Premises selling fireworks must register annually with the Chief Fire Officer, paying a registration fee as prescribed by the local authority.
• Licensed dealers are restricted to selling only family packs, which contain a variety of family fireworks and firecrackers.
• Authorised officers, in collaboration with representatives of the Chief Inspector of Explosives, may seize and dispose of fireworks held in violation of bylaws without compensation.

Furthermore, unauthorised fireworks use is restricted in the following settings:

• Within 500 metres of any explosives factory, explosivw storage place, petrol depot or petrol station.
• Inside any building.
• On any agricultural holding.
• At any public place.
• At any school, old age home or hospital.

Under these bylaws, fireworks may only be used at specific times, including:

• New Year’s Eve from 11pm to 1am.
• New Year’s Day from 7pm to 10pm.
• Lag b’omer from 7pm to 10pm.
• Chinese New Year from 7pm to 10pm.
• Human Rights Day from 7pm to 10pm.
• Freedom Day from 7pm to 10pm.
• Diwali from 7pm to 10pm.
• Guy Fawkes from 7pm to 10pm.
• Christmas Eve from 7pm to 10pm.
• Hindu New Year from 7pm to 10pm.

Adding to this, it is also stipulated that no one under 18 may legally light or ignite fireworks. Any religious, cultural, or traditional use of fireworks requires prior permission from the Legal and Administration Department of the Newcastle Municipality.

While fireworks are legally allowed, any dealer found selling fireworks to a minor, or any community member found violating these bylaws, could face legal consequences, including significant fines and possible jail time.

As a Newcastle resident prepares to take steps against the use of fireworks, while the Municipality mounts its defence, the community is left to weigh in on this contentious issue. Should fireworks be banned entirely, or should they be allowed under strictly controlled conditions?

Share your views in the comments below.