Stacey Mgijima
As of September, UP was granted two separate court interdicts against the Strip. These interdicts restrain the clubs that make up the Strip from creating, producing, or causing excessive noise that disrupts the daily activities, academic activities, and other operations of the university at any of its campuses. PDBY sat down with UP spokesperson Rickus Delport to understand the university’s motivations for taking the interdicts.
The Strip has always been there, so why act now? What led to the decision?
The university instituted legal action against the respective clubs on the Strip, as well as the property owner in 2019, when it brought an application for an interdict. The application was, however, only heard on 3 August 2023.
The decision to bring an application for an interdict was based on the clubs creating a noise nuisance which infringes on the university’s enjoyment and use of its neighbouring property and which negatively impacts on the university’s obligation to provide its students with a platform that is conducive for study purposes.
The decision was furthermore informed by the fact that the premises from which the noise emanates is not permitted by law to allow the kinds of activities which are being conducted on the premises.
What outcome is the university hoping for?
Judgement was handed down on 18 September, and the High Court granted two separate interdicts as follows:
- An interdict in terms whereof the 2nd, 3rd, and 5th respondents are restrained from creating a noise nuisance; and
- An interdict in terms whereof the 1st, 2nd, 3rd, and 5th respondents are restrained from conducting any business in violation of the permissible land use rights set forth in the Pretoria Town Planning
The Court also granted relief against the owner of the premises to take all reasonable measures to ensure that a noise nuisance is not created by the tenants.
Will the university act against establishments closer to campus like Pablo Escobar, Ekhaya, and the Social Club as well?
To the extent that other establishments may create a noise nuisance and/or operate a business contrary to what it is permitted to do by law and which negatively impacts on the interests and well-being of its students, appropriate legal action will be considered.
PDBY is still unclear as to what the consequences will be for the respective clubs that make up the Strip if they fail to comply with the interdicts. But one thing is certain: with these interdicts in place, life in Hatfield is about to get a whole lot quieter, at least for those who live near the Strip. The rest of the university population affected by noise from the clubs that make up Burnett Street will just have to deal with the situation.