Q “ I LIVE IN A QUIET AND SERENE NEIGHBOURHOOD IN KAREN. MY NEXT DOOR NEIGHBOUR OFTEN HAS MUSIC FESTIVALS IN HIS HOUSE ONCE A MONTH FOR THREE DAYS. THE FESTIVAL INVOLVES LIVE PERFORMANCES OF MUSIC FROM VARIOUS BANDS AND A LOT OF REVELLING. WHEN THE FESTIVALS HAPPEN WE ARE UNABLE TO SLEEP AS IT IS VERY NOISY. DO I HAVE ANY RECOURSE AGAINST HIM?”
You do have a recourse against him that is found in the environmental laws and the tort of nuisance. Article 42 of the Constitution provides that every person has the right to a clean and healthy environment. Section 3 of the Environmental Co-ordination Act gives the same right.