The Right to Know Campaign (R2K) who has been fighting the Secrecy Bill recently released an activist’s guide on protesting.
In the light of protests, demonstrations and riots that currently are rife on the West Rand and the fact that normal avenues of gaining service delivery are failing the people, the Record decided to clarify this democratic right of citizens.
Central to protesting is the Gatherings Act of 1993 that regulates matters pertaining to expressing criticism in a public space. According to the act the word ‘gathering’ means a picket, march or parade of 16 people or more. Less participants than this constitutes a demonstration and requires no notification. Notification does not imply “asking for permission”.
The convener of a protest has to notify the local authority of the intent to protest by filling out a Notice under Regulation of Gatherings Act form and submit it to the local authority. These forms should be available from the municipal offices.
According to the R2K guide the notice must reach the responsible officer seven days before the planned gathering. If the notice is sent less than two days before the gathering it may be prohibited without reason.
If the convener is not called to a meeting within 24 hours of giving notice it can be accepted that there is no objection.
A protest action can be prohibited if the addressed officer has an affidavit stating that the gathering seriously will disrupt traffic or cause injury or damage to property. The officer then can call a meeting to try and negotiate a safer gathering. The officer has to give the convener a written letter stating the reasons for prohibiting the gathering.
If a gathering is prohibited but continues, it will be regarded as illegal and participants will be committing an offence.
If a gathering is prohibited but the convener believes it is unfair a magistrate can be approached to overturn the prohibition.
Lawful gatherings should disperse at the time agreed upon.
According to section 17 of the Bill of Rights, citizens have the right to assemble, picket, demonstrate and present petitions as long as they are unarmed and behave in a peaceful manner. Section 16 also promises freedom of expression to distribute information about the protest as long as it is not war propaganda or incites violence or hatred. Citizens’ right to protest also is entrenched in section 18 of the Bill of Rights, which guarantees right to association.
R2K has state explicitly that the information is only a guide and not supposed to give legal assistance.
