.... the law doesn't clearly define the permitted levels of playing music- Lawyers.
LUSAKA'S Dacapo Coffee Bar and Lounge has pleaded not guilty to the offence of noise pollution.
This is the matter in which Lusaka City Council (LCC) has dragged Dacapo Coffee Bar and Lounge to court for allegedly emitting noise in excess of permissible levels.
According to court summons, the bar operating at Lusaka's East Park Mall, along Great East Road had been accused of violating the noise standards and control regulations by playing loud music.
It is alleged that Dacapo on April 16, 2022 did play loud music to the annoyance of the general public.
"Playing very loud music likely to disturb the peace of neighbors contrary to regulation 33 of the statutory instrument No. 10 of 2018 of the Local Government No. 2 of the laws of Zambia," party of the court summon reads.
But when the matter came up for plea before Hon. Mwansa yesterday, the lawyers representing Dacapo, Mr. Paulman Chungu and Ms. Chishimba Yvette Mulenga argued that the said regulation directly contravenes article 18(8) of the Constitution of Zambia as "it does not define what the permitted decibels of noise are".
They raised issue on the constitutionality of regulation 33 of Statutory Instrument No. 10 of 2018 (which the Council relied on in count 1).
They argued that the law was defective as it is not clearly stating the acceptable levels of playing music at the bar.
The lawyers of Dacapo further asked that the matter be referred to the Constitution Court with appropriate jurisdiction to determine the propriety of this regulation.
In response, State lawyer, Ms. Leah Salim asked to be given time to respond to the issues raised by defence council.
Hon. Mwansa has therefore adjourned the matter to next week Wednesday, June 8, 2022 for the state to respond and a possible ruling on the issues; raised.DACAPO PLEADS NOT GUILTY TO NOISE POLLUTION.
.... the law doesn't clearly define the permitted levels of playing music- Lawyers
LUSAKA'S Dacapo Coffee Bar and Lounge has pleaded not guilty to the offence of noise pollution.
This is the matter in which Lusaka City Council (LCC) has dragged Dacapo Coffee Bar and Lounge to court for allegedly emitting noise in excess of permissible levels.
According to court summons, the bar operating at Lusaka's East Park Mall, along Great East Road had been accused of violating the noise standards and control regulations by playing loud music.
It is alleged that Dacapo on April 16, 2022 did play loud music to the annoyance of the general public.
"Playing very loud music likely to disturb the peace of neighbors contrary to regulation 33 of the statutory instrument No. 10 of 2018 of the Local Government No. 2 of the laws of Zambia," party of the court summon reads.
But when the matter came up for plea before Hon. Mwansa yesterday, the lawyers representing Dacapo, Mr. Paulman Chungu and Ms. Chishimba Yvette Mulenga argued that the said regulation directly contravenes article 18(8) of the Constitution of Zambia as "it does not define what the permitted decibels of noise are".
They raised issue on the constitutionality of regulation 33 of Statutory Instrument No. 10 of 2018 (which the Council relied on in count 1).
They argued that the law was defective as it is not clearly stating the acceptable levels of playing music at the bar.
The lawyers of Dacapo further asked that the matter be referred to the Constitution Court with appropriate jurisdiction to determine the propriety of this regulation.
In response, State lawyer, Ms. Leah Salim asked to be given time to respond to the issues raised by defence council.
Hon. Mwansa has therefore adjourned the matter to next week Wednesday, June 8, 2022 for the state to respond and a possible ruling on the issues; raised.
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