The right to protest in SA is protected by the Constitution. You have the right to protest, but with this right comes responsibilities too. Scorpion Legal Protection explains how not to get in trouble with the law if you want to organise a protest.
What specifically does the Constitution say? According to Section 17: “Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and present petitions.” Note that violent protests are not protected or allowed under the law, and you will face legal consequences if you engage in violence at a protest. Protests of more than 16 people are also governed by the Regulation of Gatherings Act.
If you want to organise a legal protest, you need to start by choosing a convenor and deputy convenor in case the first person can’t carry out their duties. A convenor is the person responsible for contacting the relevant local authority to get permission for the public protest. The convener must complete a notice form and submit it to the local authority. This form contains details of the gathering, the details of the convener, and, if necessary, the details of the organisation. It must include details of the marshals and/or activists who are going to guide the protest and prevent it from becoming violent and out of control.
This signed and completed document is handed to the local authority to inform them about the gathering. You must do this at least 7 days before the protest takes place, if you do this less than 2 days before the protest, the officer can legally prohibit the gathering without reasons. The person in local authority responsible for approving or rejecting the notice to protest can be from the municipality or the metro police, so make sure you find out who the right person is. You should meet with the local authorities after submitting the form to discuss details of the protest.
It’s possible that your application gets rejected, but the officer must state in writing why the application has been rejected. Some reasons include that the protest will cause serious disruption of traffic, or result in injury or serious damage to property. If you feel that your application was unfairly rejected, you can challenge it by going to the Magistrate’s or High Court.
Tips
- Protesting without following procedure is illegal, and any person attending an unlawful gathering is breaking the law.
- Violence is not allowed.
If you have a query, follow us on Facebook and ask your question during our next Live Q&A (the first Thursday of every month).
* This is only basic advice and cannot be relied on solely. The information is correct at the time of being sent to publishing