The destructive impact of the Department of Water and Sanitation (DWS) tenant, ‘Legacy on the Dam’ (“Legacy”), on Hartbeespoort Dam is nothing short of devastating. The constant, blaring music on weekends is more than just an inconvenience—it is an assault on our senses, akin to torture. The sound reverberates for up to 4 km, turning our peaceful community into a war zone of noise.
How is it possible that a lease on DWS property (formerly “Kurper Oord” – Portion 6RE of 478 JQ) could be granted to an entity that flagrantly disregards the natural environment? It is baffling and deeply troubling that DWS tolerates Legacy’s brazenly disruptive behavior right on the shores of our dam, directly facing residential estates. This disturbance ripples across the area, affecting neighbors in estates such as Caribbean Beach Estate, Kosmos, Westlake Estate, Lakeland Estate, Club Nautique, The Islands Estate, Magalies Park Golf Estate, K’shane, and beyond.
The unrelenting, thunderous bass that continues unabated weekend after weekend, coupled with the sale of alcohol to the general public on DWS land, is not just unacceptable—it’s a travesty. Hartbeespoort Dam has been carefully and thoughtfully developed to enhance our community, with every project subjected to stringent Environmental Impact Assessments. Yet, this situation blatantly violates those principles, disrupting our peace and well-being. This is a clear breach of our rights under the Constitution of South Africa, 1996: Chapter 2, Section 12(1)(d) & (e) and Chapter 2, Section 24, which states: “Everyone has the right (a) to an environment that is not harmful to their health or well-being.” Legacy are also blatantly contrivevening Noise Control Regulations in terms of Section 25 of the Environmental Conservation Act, 1989 (Act 73 of 1989).
Thousands of people have invested in our estates, most of which focus on the preservation and conservation of natural resources around the dam. The behavior of Legacy is already having a detrimental effect on property values in the area, with property sales within earshot of the venue beginning to suffer. The noise and disturbances from Legacy are impacting the desirability of nearby properties, putting strain on the real estate market. It is heart-wrenching to witness the downfall of what was once a serene and cherished locale.
A venue like Legacy is a glaring misfit in this natural sanctuary, especially given its proximity to the UNESCO-proclaimed Magaliesberg Biosphere and the Magaliesberg Protected Environment. This area deserves reverence and protection, not the intrusion of loud, disruptive activities. To suggest that we should tolerate such antisocial behavior for the sake of tourism is both outrageous and unacceptable.
After enduring another day/night of relentless noise from Legacy on Friday the 9th (and now recently from other establishments on weekends), compounded by uncontrolled boating activities beyond regulated hours, I am filled with a profound sense of frustration and helplessness. How could DWS have approved such a damaging lease? Were all statutory requirements, including municipal zoning regulations and Environmental Impact Assessments, properly addressed? Were thorough investigations conducted? Was there any genuine public participation in the decision-making process?
It is also deeply ironic that DWS issued a notice on 21/06/2024 stating that applications for large planned events (like the one on the 9th), an application must be sent to the DWS office at least three months in advance due to police visibility/permit requirements. Did DWS’s tenant follow these rules, or are all establishments on DWS land exempt from such requirements? The blatant disregard for these guidelines only undermines the credibility of DWS.
The notice further stipulates adherence to noise pollution by-laws, given the residential nature of the surrounding areas. Yet, despite numerous complaints, Harties SAPS and the Madibeng council appear either indifferent or unable to enforce these laws. This failure to act only highlights the broader problem of systemic neglect.
Sincerely,
A frustrated and heartbroken Harties resident.