Cape Argus E-dition

Neighbours make a stink over protection order

ZELDA VENTER zelda.venter@inl.co.za

A SMELLY neighbourhood may be unpleasant, but it is no reason for granting a protection from harassment order against the person liable for the source of the smell, a judge has found.

A couple living in Wellington turned to the high court in that province to appeal against a protection order that their neighbour, an MP, had obtained against them.

The MP claimed they were “harassing” him with the foul smell coming from their premises.

Berto and Sonja du Toit told the judge that the protection order should have never been granted by the lower court in the first place, as they were merely running a manure business and they never personally targeted their neighbour in any way.

MP Kenneth Jacobs turned to the lower court to obtain a protection order against the Du Toits, saying he could no longer handle the bad smell, flies and even rats, which he said was as a result of the cow manure business next door. Jacobs said he had peacefully lived in his suburban home for 28 years. But in 2019 when the Du Toits moved in, things changed drastically. The problem was their cow and sheep manure business and the fact that they washed the trucks carrying the smelly substance at their home. Flies, noise and bad smell became an issue for him and his family, and they worried about manure-infested water running into a nearby river.

Soon after the Du Toits moved in, Jacobs went to ask them about their activities. He was told they owned trucks which transported manure, but they said they had another business premises and the trucks were there only temporarily.

Jacobs said his family were beginning to experience headaches and feeling sick because of the terrible smell in the air. The nuisance caused by flies, which were not a problem before, was so bad that they could not even enjoy a party at their house.

Jacobs said there was grinding, panel beating, working late into the night, trucks moving day and night, and the fly infestation increased. He went to see his neighbours again and took pictures of the trucks filled with manure. He also saw a concrete pipe in their road was packed with cattle manure. Consequently, he decided to call the health department of the municipality. He was aware that the municipality issued two notices to the neighbours, which were ignored, and thereafter the municipality issued them with a notice to appear in court.

Jacobs said that he and his wife were being treated for depression and anxiety. He said his meetings as a parliamentarian were disturbed as a result. He had to buy ultraviolet lights for the flies, and the lights had side-effects on his family's eyes. Berto du Toit said his business included buying and selling livestock, but there was no offloading of livestock on the property.

He was charged with the contravention of some municipal by-laws. Although there was an admission of guilt fine fixed, he made representations to the Director of Public Prosecutions. He said he did not target his neighbours.

METRO

en-za

2022-12-03T08:00:00.0000000Z

2022-12-03T08:00:00.0000000Z

http://capeargus.pressreader.com/article/281681143902437

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