MANAGING LAW AND RELIGION IN AFRICA (MALRAF)

  WHEN IS RELIGION SOUND ACTIONABLE AS A NUISANCE IN SOUTH AFRICAN LAW ES Nwauche (Prof) When is noise emanating from a neighbour’s immovable property actionable in law? The Supreme Court of Appeal in Madrasah Taleemuddeen Islamic  Institute  v. Chandra Giri Ellaurie [2022] ZASCA 160 (24 November 2022)   that for nuisance to be actionable, it has to seriously and materially interfere with the plaintiff’s ordinary comfort and existence.       Mr. Ellaurie lives about 20 metres from the Madrasah Taleemuddeen Islamic  Institute’s property in Isipingo Beach, South of eThekwini in the KwaZulu-Natal Province. Of South Africa. On its property, the Madrasah conducts a school for Islamic studies with over 300 (three hundred) students who live in boarding facilities on the Madrasah property,  spread over three lots. Every day (5), five prayers are performed in the mosque on the Madrasah property. The Azaan, delivered by a Muadhin, precedes ...