Statement: Rustenburg Municipality and DMR must respect the right to protest!

The Right2know Campaign together with the Marikana Youth Development will be marching to Rustenburg DMR and Local Municipality to fight for the right to protest.

In the past we have seen the municipality and the mines around the North West refusing us our constitutional right to protest, and we say “enough is enough”. Everyone has the right to protest. It is a form of freedom of expression that is protected in our Constitution.

Since the 1990s the right to protest has fallen under the Regulation of Gatherings Act, a law which spells out the relationship between protesters, police and government officials. The Gatherings Act says that you should give notice to the municipality that you will hold a protest. It asks for seven days’ notice ideally, but you can also give as little as two days’ notice if you also give reasons for the short notice.

You must also give certain information such as contact details of the organisers, where the protest will take place, what time, and so on. If you have done that, the protest must be allowed to go ahead, unless there is good reason to believe that it would lead to injury, property destruction or traffic disruption. And even then police cannot just ‘ban’ the protest, they must call you to a meeting to address these concerns and negotiate a solution – such as a different route.

HOW DO AUTHORITIES ABUSE THE GATHERINGS ACT?

In many municipalities, officials have adopted their own rules/bylaws that demand protesters to do extra things before allowing a protest to go ahead, which are not part of the Gatherings Act.

THE GATHERINGS ACT DOES NOT REQUIRE YOU TO DO THE FOLLOWING THINGS:

  • Get a letter of permission from the local councillor or traditional authority, or a confirmation letter from the body that you are protesting against.
  • Express your concerns or demands through a different avenue than a protest – e.g. by being called to a meeting with the municipal manager or councillor.
  • Pay fees to the municipality and/or police for exercising your right to protest

 

March details:

Date: 21 June 2018

Time:  10AM

Meeting Point: Rustenburg Civic Centre

                   We demand respect for the right to protest!!!

 

For further comment contact:

Bongani Xezwi – R2K outreach organizer: 082 525 3949

Raserole Mashamayite – Marikana Youth Development: 079 270 1148

 

NOTE: R2K urges communities to use the Right2Protest Hotline (0800 212 111) which offers free legal advice for protesters who are having their rights undermined. The number is operational during business hours. Follow the Right2Protest Project on Facebook and Twitter @ProtestZA

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