The problem of noise pollution is getting out of hand and it is becoming increasingly obvious that the three institutions which have statutory responsibility for controlling the phenomenon are unable to deal with the situation.
Years of Ghanaian officialdom operating under the Ostrich Effect, have our society reeling under the onslaught of incessant noisemaking by members of our society whose value systems do not permit them to have any qualms about discomfiting others.
Having allowed impudence to become entrenched over the years, the agencies are finding it very difficult getting the recalcitrant places of worship, the street-side preachers, night clubs, drinking bars, vendors, illegally operating broadcasters, transport hub announcers, and eateries, to conform to the noise control laws.
The Environmental Protection Agency (EPA) and the Metropolitan, Municipal, and District Assemblies (MMDAs) which have received a lot of flak for reneging on their noise-controlling duties are of late, manifesting their preparedness to enforce the relevant laws.
In order to nail noise offenders and do away with the lack of noise measuring devices as the reason for non-performance, the Accra Metropolitan Assembly (AMA) has acquired and deployed Sound Levels Metres (SLMs) within its jurisdiction.
The EPA has announced its intention to equip the MMDAs with SLMs as well as train the staff on their use.
The Agency has also intimated its plans to restrict facilities with the heavy noise-generating potential to areas where they would not inconvenience communities.
In the face of the daunting task confronting the two institutions, it is of critical importance that the third noise control body is immediately deployed to help check the menace.
It is propitious that the primary law enforcement agency is one of the noise-controlling institutions. There is no doubt, that the entry of the Police into the fray would engender widespread compliance.
The Police Service has however not shied away from its responsibility towards safeguarding the well-being of members of society.
As back as October 2004, when the EPA celebrated its 30th Anniversary, the Police representative who is now in charge of the Legal and Prosecutions Directorate, stated the readiness of the Service to deal with individual and corporate violators of section 296 (7) of the Criminal Offences Act, 1960 (Act 29).
Eighteen years down the line, not much has been heard about Police action on noise offending, except for the closure of a noisy church and the arrest of its leader at the instance of the Ashanti Regional Minister, and the broaching of the subject matter during the October 2021 engagement with some Faith-based Organisations.
With the criminalisation of the noise disturbance provisions of Act 29, police action will effectively check perpetrators and deter those of a similar bent.
It is pertinent to remind the Service of its additional authorization to arrest and prosecute persons who violate Section 57 of the Public Health Act, 2012 (Act 851).
Section 293 (1) of Act 29 authorizes them to arrest and prosecute persons who operate facilities where people gather to play and dance to music without the written permission of the Local Assembly.
Under Section 295 of the same Act, the Police can arrest and prosecute persons who use music to intentionally provoke, challenge, insult or annoy others while section 296 (7), makes it an offence to ignore warnings and wilfully or wantonly make loud or unseemly noise by whatever means to annoy or disturb any person.
This provision is broad enough to cover a lot of noisy situations. It is important that the Police distinguish cases where noise measurement is required from those which do not require the deployment of SLMs.
Guidelines drawn will help avoid the stock excuse for declining to process noise-related complaints.
Perhaps the provision which has the greatest prospect of effectively reducing the levels of noise made after dark is Section 296 (8) of Act 29.
This provision empowers the Police to arrest and prosecute any person who plays music in public between 8pm and 6am without the written permission of the Local Assembly or appropriate Minister.
The most injurious form of noise disturbance occurs between the hours of 8pm and 6am when the basic rights of residents to peaceful existence are regularly violated by the purveyors of noise making.
Churches that hold all-night services till 5am without adequate permission, and open-air night clubs which start operating at 6pm and close at 4am the following day are all in violation of Section 296 (7) of the Act.
It is the moment the muezzin rends the air with his call to prayer and when the street side preacher and the broadcaster begin to ply their trades.
While other noise-offending sections of the Criminal Offences Act, 1960 (Act 29) are activated by complaints of the public, Sections 293 (1) and 296 (8) can be independently detected by the Police on their normal rounds, especially during the night.
Venues for regular merry-making either have written permission of the Local Assembly or not, just as places where music is publicly played between 8pm and 6am.
If the Police whether on their own or in response to public complaints would robustly enforce these two provisions, the wanton noisemaking in our towns and cities would be effectively curtailed.
The many appeals, petitions, write-ups, and electronic and print media campaigns have not made a dent in the attitude of the noisemakers. It would therefore be necessary for the Police to adopt a centrally coordinated and well- publicised nation- wide approach.
It is incumbent on the disciplined institution to create the enabling environment for Ghanaians to rest, recuperate, study, meditate and reflect as envisaged by the framers of the noise-controlling laws.
This could be hopefully achieved if the purposeful leadership of the Police Administration under would organise sensitisation programmes to help the personnel better appreciate their roles in controlling noisemaking.
Source: Ghanaweb