Sound of discontent: Residents demand end to loud shop musicl EAR-BUSTING

Mthabisi Tshuma, [email protected]

A leisurely walk through the heart of Zimbabwe’s urban shopping districts quickly turns into a sensory assault. A peculiar, and increasingly divisive, trend has taken hold — virtually every shop-front bombards the ears with a relentless stream of high-pitched music, blasted from strategically positioned speakers.

Remarkably, several shops along a single street often engage in a cacophony of competing musical styles. From Insimbi zeZhwane to Amapiano and Sungura beats, businesses seem locked in a sonic battle to attract customers. Furthermore, some businesses have resorted to the use of hailers, relentlessly broadcasting pre-recorded advertisements.

While the practice of playing music at shop entrances has been a long-standing tradition, deemed “cool” in the 1980s and 1990s, its current manifestation has sparked considerable unease. Whether labelled marketing or entertainment, the trend has unsettled significant portions of the populace, with Bulawayo residents expressing outright nausea. They perceive the pavement music as a form of auditory pollution.

Even neighbouring shop owners find the practice primitive and irritating, claiming it deters potential customers. A growing debate is now raging: Should businesses be permitted to blast music to attract customers, or is it a nuisance that demands silencing?

While diverse opinions abound, the central issue remains: in the name of promoting artistes, music, and attracting customers, citizens are being profoundly disturbed.

“Those loudspeakers and hailers are a major source of the stress and frustration we endure on the city’s pavements,” said Nelson Nxumalo, a concerned resident.

Winos Dube, chairman of the Bulawayo United Residents Association (Bura), laments that the city has descended into a state of noise pollution.

“Of course, noise pollution in the city is a concern, and as an association, we ponder what solutions can be implemented to reduce it. You encounter people using gadgets to announce their products and services. You go to one corner, and people have installed devices that constantly announce their offerings. Some people are physically shouting, soliciting business,” said Dube.

He stressed the need for collaborative efforts from all stakeholders, including the local council, to devise strategies for curbing noise pollution.

“Another factor we’re realising is that the Plumtree-Harare-Mutare highway now traverses the city centre. A portion of this noise pollution is caused by heavy trucks using the CBD, which is a significant challenge.

“We should pool our resources and find a solution. It’s difficult for one person or institution to dictate the way forward. By sharing our insights on the ground, we can collectively arrive at solutions, as the noise pollution in our city is alarmingly high,” he said.

Sifiso Ndlovu, a city resident, also expressed her discontent with the noise pollution. She noted that it hinders concentration and makes phone calls difficult around shops playing music at high volume.

“As someone with an online business who works from home, even before finishing my house chores, I’m met with loud noises that disrupt my peace and work,” said Ndlovu.

On one hand, contemporary music is an integral part of urban life, adding vibrancy to the streets. Store owners argue that music attracts customers and creates a lively atmosphere that boosts business. A shop owner in Bulawayo’s Central Business District (CBD) along 6th Avenue and Herbert Chitepo Street stated that making sales without music is impossible.

“Music is our business. It helps us relax during the workday and is crucial for attracting customers. I can’t imagine operating without it. Regarding any fees, we are unaware of any such requirements,” said the business owner, who preferred anonymity.

However, the debate raises fundamental questions about the nature of urban life. What is the role of music in city culture? How do we balance individual rights with collective well-being? These questions make this reality particularly intriguing.
A law exists that penalises the practice of playing music in public spaces. Under the Copyright and Neighbouring Rights Act Chapter 26:05, shop owners are required to pay for copyright to exploit intellectual property in music. Sadly, many businesses are unaware of this law.

Regarding noise pollution, every town and city has its own by-laws that should be adhered to. Is the law being enforced, and are authorities aware that shop owners are flouting the law, much to the public’s dismay?

Tasked with protecting the rights of Zimbabwe’s music creators under the Copyright and Neighbouring Rights Act (Chapter 26:05), the Zimbabwe Music Rights Association (Zimura) has faced significant hurdles since its establishment in 1982.
Polisile Ncube-Chimhini, the executive director, has openly discussed the challenges impacting Zimura’s ability to fully execute its mandate.

“While many businesses and shop owners have come to understand the importance of complying with the provisions of the Copyright and Neighbouring Rights Act Chapter 26:05 and pay the required licence fees, not all music users comply.

“This non-compliance necessitates further enforcement of the law through partnerships with law enforcement agencies,” she said.

Ncube-Chimhini emphasised that they will continue to execute their constitutional duty.
“We are making concerted efforts to educate music users about the provisions of the Copyright and Neighbouring Rights Act Chapter 26:05 through our licensing department. During these visits, we emphasise the importance of obtaining the necessary licences to legally play copyrighted music. If music users fail to comply, we report them to the Zimbabwe Republic Police (ZRP) for further action.

“Additionally, we utilise traditional media platforms such as radio and television to disseminate vital information about valuing intellectual property rights and copyright. We also leverage non-conventional media platforms like Facebook, YouTube, X, and TikTok to educate the general public,” said Ncube-Chimhini.

Ncube-Chimhini called for the full enforcement of the laws in the country’s constitution.
“We encounter several challenges in our efforts to enforce copyright compliance. Key among these challenges is currency instability, non-compliance by music users, and institutional piracy, where other organisations perpetuate copyright infringement. Furthermore, these organisations disregard the provisions of the Zimbabwean Constitution, which safeguards private property rights, intellectual property rights, and the preservation of cultural norms and beliefs.

“Issues related to noise pollution are governed by the City Council or Municipal by-laws, which restrict residents to certain noise decibel levels. While music users are not prohibited from playing music, they are required to restrict their noise levels to comply with the bylaws, respecting other citizens while also adhering to the Copyright and Neighbouring Rights Act Chapter 26:05 for the benefit of rights holders.

Ultimately, we advocate for a harmonious coexistence between music users and the community, balancing the rights of both parties,” said Ncube-Chimhini.

Three weeks after submitting inquiries, the Bulawayo City Council Communications Department had yet to provide a response, rendering attempts to obtain comment unsuccessful.
— @mthabisi _mthire