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Question
Posted by: Pam | 2012-04-02

Smoking

Good Morning

I am a young at heart 70, I live in a garden flat.

My next door neighbor smokes on her stoep, allows her visitors and family to smoke on the stoep. We are separated by some distance and plants that is all. Her place is slightly behind mine if that makes sense.

I am literally smoked out. The smoke wafts over my stoep so that I cannot sit there and also sifts through into my bedroom windows. I am a non-smoker and have asthma anyway, but I find it so unpleasant.

She was really rude to me when I pointed out that I cannot sit on my stoep anymnore or my bedroom or even leave the front door open.

I looked on the internet now and the laws seem to refer to enclosed balconies and public space.

Are there any laws that I could point out to her in a purely residential sense?

My daughter is very bold and will tell her where to get off very smartly if I complain, but I want to know the facts/rules never mind the neighborly/moral issue.

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Our expert says:
Expert ImageCyberShrink

I know what you mean - smokers should be free to poison themselves and cause whatever diseases in themselves that they may choose to ( so long as they don't expect the rest of us to pay for their eventual treatment ) - but they should be less selfish and aware of the damage as well as simple unpleasantness, which second-hand smoke causes to others.
Especially nasty if you have asthma.
I wonder if you could get a large fan with a good extension cord, and blow the smoke back in their own faces ? They could hardly complain, as they are the origins of the toxic fumes !
I'm no expert on the law - isn't their a SA anti-smoking organization and lobby that could advise you on this ? Maybe even organize a demonstration with placards outside your neighbours place, and alert the media !
A smoker's freedom to smoke ends before their smoke reaches your nose

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2
Our users say:
Posted by: Liza | 2012-04-02

The Constitution (Section 24) gives you the right to an environment that is not harmful to your health or well-being . This right is being infringed by smoke pollution.
The Law of Nuisance says that you have the right to enjoy your land without your enjoyment being unreasonably infringed by another person.
The Law of Neighbours says that you are entitled to require your neighbour not to use his property (the neighbour’ s) in a way that will infringe upon your legally protected rights.

You can go to court and by using the above legal points, you can get an interdict to prevent your neighbour from smoking where the smoke would affect you. Once you have the interdict, if the neighbour continues smoking where it''s affecting you, you can have the neighbour arrested.

Good Luck
Liza

Reply to Liza
Posted by: cybershrink | 2012-04-02

I know what you mean - smokers should be free to poison themselves and cause whatever diseases in themselves that they may choose to ( so long as they don't expect the rest of us to pay for their eventual treatment ) - but they should be less selfish and aware of the damage as well as simple unpleasantness, which second-hand smoke causes to others.
Especially nasty if you have asthma.
I wonder if you could get a large fan with a good extension cord, and blow the smoke back in their own faces ? They could hardly complain, as they are the origins of the toxic fumes !
I'm no expert on the law - isn't their a SA anti-smoking organization and lobby that could advise you on this ? Maybe even organize a demonstration with placards outside your neighbours place, and alert the media !
A smoker's freedom to smoke ends before their smoke reaches your nose

Reply to cybershrink

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