Issued by: Ministry for Safety and Security
MEDIA STATEMENT BY MR SYDNEY MUFAMADI, MINISTER FOR SAFETY AND SECURITY
NOVEMBER 13, 1996, PRETORIA.
RE: IMPLEMENTATION OF THE REGULATION OF GATHERINGS (ACT, 205 OF 1993)
The absence of national legislation which complies with the new constitution and which effectively regulates marches and gatherings, has been a matter of concern for the government. The lack of clear guide-lines and the uncertainty on the part of the police will come to an end on Friday, November 15, 1996 when the Regulation of Gatherings Act is implemented. This will happen by way of a Government Gazette to be published on Friday.
The Regulation of Gatherings Acts was passed by Parliament in 1993 after a panel of local and international experts was convened by the Goldstone Commission to make recommendations about the proper regulation and management of marches and gatherings. Wide consultation with political and other groups took place.
Although passed by Parliament in 1993, the Act was not implemented because of the absence of legitimate local authority structures and because it was not applicable to former homelands and TBVC states. These aspects have now been remedied and the Act can now be implemented nation-wide.
The Act marks a significant departure from the way in which marches and gatherings were policed in the past. In the past the emphasis was on police control. Under the Regulation of Gatherings Act the emphasis is a joint management of marches by the organisers, the local authority and the police.
The Act gives expression to the right of free speech and assembly as guaranteed by the constitution but it also places significant responsibilities on the different role players to ensure that this happens within the law and without detrimentally affecting the rights of others. Under certain circumstances, the organisation or the organisers who planned the march, can be held liable for damages to property which results from the march.
The Act provides that the organiser of a gathering has to give at least seven days written notice to the responsible officer of the local government structure about the planned march.
The responsible officer will seek police input and may allow the march with or without conditions. If the conditions are not acceptable to the organisers of the march, negotiations need to take place, involving the organisers and the police, in an attempt to reach agreement.
Where circumstances indicate that damage to property or injury to persons is likely to occur, the responsible officer may prohibit a gathering.
Once the provisions of the Act have been complied with and a march is held, it becomes the joint responsibility of the organisers, the police and the local authority to ensure that the conditions which have been imposed are adhered to.
Should a march threaten public order, the police are empowered to act and to use force if necessary.
It is vital that organisations that are likely to hold marches, inform themselves about the detailed provisions of the Regulation of Gatherings Act. A copy of the Act can be obtained from the Government Printer at Private Bag X85, Pretoria 0001, or by phoning (012) 323 9731.
Enquiries: Maxwell Malaudzi 082 373 2005