Balokole churches, noise pollution and the law 

Reducing the ruckus. Taming the noise.

Managing the sound. Dealing with the din. Take your pick; one thing is for sure though – it has to be done,  The approach just can’t be the same: if government wishes to call the Anglican Church in Uganda to order, one phone call to the archbishop is all that’s needed – and a directive will cascade from the highest echelons to the grassroots.

Same with the Orthodox Church and the Seventh Day Adventists. I’d say same with the Catholic Church, though that will take a little longer because the Catholics will not readily agree to anything just because (and especially if) it is from government.

For the Pentecostal (Balokole) churches, it is a different ball game because there is no central authority. There are some loose coalitions like the National Fellowship of Born-Again Pentecostal Churches, Evangelical Fellowship of Uganda, Born Again Faith Federation, Baptist Union of Uganda, plus the newest (for now), Confederation of Pentecostal and Evangelicals. But because each church enjoys plenty of independence, don’t bet on an order being obeyed just because the head of a coalition has said so. And truth is, there are thousands of churches outside those umbrellas.

And that is where it becomes extremely difficult to handle the issue of “noise pollution” as the law would describe it, given the simple, notorious fact that Balokole churches do emit quite a bit of sound, often to the chagrin of immediate neighbours.

Some cases are understandable, in a country where only a handful of entities can afford sound-proofed facilities. Still, the complete lack of sensitivity towards the welfare of neighbours; that we-shall-shout-because-we-want attitude is easily discernible in many cases.

But as things stand now, the recent crackdowns on churches for noise pollution, under the National Environment (Noise Standards and Control) Regulations and assorted other laws resulting in the arrest of pastors and the confiscation of machines are good reason for the Balokole churches to take a deep breath and pause for reflection.

Enjoying the right to worship while respecting the right of others to quiet enjoyment of their homes and offices is a sign of prudence, good citizenship and Christianity.

Crucial to consider is the fact that in the days of yore, Balokole were of a different breed. They were quiet, meek and lowly; and apart from going to heaven, they discussed little else.

They frowned upon fancy hairstyles and trendy fashions as “worldly” and viewed themselves as citizens of heaven, merely in transit through the earth, to a better country. And they had the presence of mind to handle their affairs in a way that promoted conciliation rather than conflict. Not anymore!

The modern Balokole are high-flying, tough-talking and uncompromising in a different sort of way – inclined to being combative and when it comes to noise, close to impunity. It is a rather sad evolution, but one must come to terms with the unpleasant realities the law presents.

Law has no sentiments, does not excuse and accept ignorance as a defence and can, sometimes permanently, disable those caught on the wrong side thereof. If the law gets enforced with unbridled enthusiasm, many churches will suffer stiff penalties, from which some may not recover. 

The choice, going forward, is three-fold, at the very least. The first would be to challenge the constitutionality of existing laws on noise pollution.

Details aplenty here, but the short of it is that the way the laws have been framed, it is very unlikely they would stand keen scrutiny in the Constitutional Court.

That option has actually been discussed in certain circles, but the who-will-bell-the-cat issues that the proverbial rats contended with, have prevented any action from being taken.

The second would be to comply – but then again that is very difficult, because the law is rather tight and unrealistic.

Third would be to ignore the law and build soundproofed churches, so that the neighbour wouldn’t even know there’s a church near them. But that means money which the majority doesn’t have just yet.

Fourth would be the usual: manage the issue politically – tell President Museveni that his supporters are being persecuted for loving him. And I can bet my burial grounds, the President will reprimand those enforcing the offensive law. Dubious? Can’t say; but it works. 

Mr Gawaya Tegulle is an advocate of the High Court of Uganda, [email protected]