Rutendo Nyeve
IS this a landmark High Court ruling which could have consequences for a number of the country’s night clubs or popular venues where people meet for gochi-gochi amid a background of music?
One of Victoria Falls city’s popular entertainment venues, Tshisa Nyama, has been ordered to stop playing loud music after 8pm on weekdays and 9pm on weekends.
Could this lead to a number of similar applications across the country?
The order has been issued by the High Court and follows a successful application by a local tour operator.
The applicant argued that the popular nightspot, officially registered as Paradis Gaze Investments (Pvt) Ltd but trading as Royal African Dining, was causing a nuisance to its customers by playing loud music until late hours.
The court authorised the City of Victoria Falls, cited as the third respondent, to impound any music device or instrument used by the nightspot should it fail to abide by the order.
Situated at 1862 Livingstone Way, it has become a favourite watering hole for both local residents and international tourists seeking a vibrant nightlife experience in the resort city.
The order was granted by Justice Nokuthula Moyo on Thursday last week at the Bulawayo High Court.
It followed an application filed by Mosskatte Investments (Pvt) Ltd, a hospitality facility operating in the resort city.
The joint’s popularity has come at a cost to neighbouring hospitality businesses. In her ruling, Justice Moyo issued an interdict against the first respondent.
“The First Respondent be and is hereby interdicted and restrained, whether by itself, its employees, agents, servants or any person acting under its authority, from causing, permitting or allowing the operation of any wireless, loudspeaker, gramophone, record player, amplifier or such other musical instrument at its premises at 1862 Livingstone Way, Victoria Falls, beyond 8pm during weekdays and 9pm on weekends,” she ordered.
“The Third Respondent be and is hereby authorised to impound any such music device or instrument used by the 1st Respondent for purposes of playing loud,” she said.
Additionally, Tshisa Nyama has been ordered to pay the costs of the suit on an attorney and client scale.
The ruling is expected to have significant implications for the resort city’s nightlife industry, as authorities move to balance tourism entertainment with the rights of hospitality operators to a peaceful environment.
