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Legal action: Durban residents fight back against noise from new padel courts

DISTURBANCE

Xolile Mtembu|Published

Durban residents are battling against the noise generated by newly installed padel courts near the NMJ Islamic Centre, claiming that the disturbances have severely impacted their quality of life.

Image: LEON LESTRADE

RESIDENTS of Morningside, Durban, are battling against the noise generated by newly installed padel courts, claiming that the disturbances have severely impacted their quality of life.

As they prepare to take legal action, the case raises questions about noise regulations and the balance between recreational development and residential peace.

The residents claimed the noise from neighbouring padel courts at the NMJ Islamic Centre had become unbearable, leaving them emotionally drained and struggling to cope.

Usha Neerpath, 59, and Naseer Abdullah, 67, claim the relentless noise had severely disrupted their lives.

Neerpath said the constant sound had left her battling depression, sleepless nights and mounting financial strain.

Their concerns are now backed by a formal complaint dated February 17, 2025, submitted to the eThekwini city manager by the two residents together with Dr Anwar Motala.

The complaint raised serious allegations about municipal approvals and failures to properly regulate noise linked to padel court developments.

The residents have now enlisted legal representation and are preparing to take the battle to court, in a case that could have national ramifications by determining whether noise generated by padel courts in residential suburbs should be subjected to the same strict regulations that govern bars, nightclubs and other entertainment venues.

Neerpath said the home that was once her sanctuary had become a source of daily distress.

"I have become depressed and can’t sleep because of the noise from the courts," she said.

Neerpath, who is unemployed, spends her days caring for her nine-month-old great niece, whom she describes as her emotional anchor during the ongoing ordeal.

"She is the only thing that keeps me sane. She keeps me occupied."

While the baby is not yet affected by the disturbance because most of the noise happens during the day, Neerpath says things get worse at night.

"The noise doesn’t affect her for now, because it’s during the day. But things get worse at night."

Already struggling financially, Neerpath says she survives on her brother’s disability grant and cannot afford basic necessities, let alone any measures to block out the sound.

"I'm only living off my brother’s disability grant, and I don’t even have running water," she said.

She says her situation has become so desperate that she often relies on neighbours for food.

"I just asked the neighbour for some food. That's how desperate I am."

She adds that she collects rainwater daily due to lack of access to running water.

"I'm running around collecting rainwater and then have to deal with that noise," she adds.

The emotional toll has also affected her health. Neerpath says she takes insulin and depression medication because of her condition and is now on sleeping tablets.

"I take insulin and depression medication because of this nonsense. They're treating me with sleeping tablets now."

She also says attempts to raise concerns have left her feeling ignored.

"I attended community meetings and I was the only woman. That felt so bad; it felt like they didn't take me seriously," Neerpath adds.

The February 2025 letter escalates those concerns into a formal municipal complaint, alleging failures by the City Noise Unit and Land Development Unit in approving and regulating padel courts in residential areas.

It states: "We hereby formally lodge a complaint against the City Noise Unit and Land Development Unit."

The residents argue that proper zoning and land-use considerations were not applied:

"The Land Development Unit did not properly consider the zoning and land use scheme for these areas."

They describe the NMJ site as an inappropriate location for such development. "The NMJ Hall site is a religious and charitable facility surrounded by residences."

The letter further alleges environmental and legal breaches. "We rely on the National Environmental Management Act and Environmental Conservation Act against the backdrop of noise expert findings."

It claims the courts are producing unlawful levels of disturbance. "It demonstrates illegal and harmful production of noise from the usage of padel courts."

Residents accuse the municipality of failing to act despite repeated impacts. The municipality has done nothing to put a stop to it.”

They also describe the lived experience during peak activity. "When tournaments are hosted, it becomes a noise hell for a whole day or days in the week."

According to the Enviro Acoustic Research (EARES), which sets out accepted noise thresholds for residential areas: "The following noise levels are accepted for a residential area: 55 dBA for the day-time period (6am – 10pm); and 45 dBA for the night-time period (10pm – 6am)."

However, Abdullah said the noise generated by the courts far exceeded that. 

Residents say the problem escalated after courts were installed, just metres from homes.

"I paid R19,000 to a noise expert who recorded that the noise exceeded 80 dBA."

He said the impact was immediate once the courts became operational.

"This started in July 2023. Two padel courts were put up behind us, just metres away."

He said the design of the courts made the situation worse. "The other side is open, so the noise travels up."

Abdullah says there was initially no sound mitigation at all. "The sound of the ball when it is hit, and the screaming of the players, was coming into my house."

He adds that the disturbance forced him to constantly intervene. "I'd engage with community leaders when it became intolerable. We went to the offices of the municipality. We spoke to them. Nothing happened."

Abdullah says he believes the facility is in breach of zoning regulations: "They're in contravention because this institution is zoned for worship. You can’t have recreation on the same land because the padel courts are recreation."

He further alleged that the development was driven by financial motives.

"They put these courts up solely to earn an income to do charity work. That’s what they’re saying."

Abdullah says attempts to reduce the noise have failed, leaving residents exhausted and unwell.

"We are old people. We are sickly. This thing is going on till half past ten. Please."

He says the noise is intrusive inside his home. "I had to put thick glass in my bedroom because the sound comes in. I close the vents. I put the window. It never helped."

The residents have sent numerous emails to the municipality which have been seen by IOL.

"The eThekwini Municipality acknowledges receipt of the letter of complaint regarding padel courts at three separate properties. The matter is being investigated," the municipality's communication division told IOL.

A padel court owner in one of Durban's suburbs who did not want to be named said that the sport could be noisy, but that it depended where the facility was built.

"Unlike tennis, the sport can become noisy. But the places where they are built matters."

The NMJ Islamic Centre had not responded at the time of publishing.

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