Statement – Cape Town Metro: Stand up for the right to protest!

Today, Monday 28 September, social justice organisations will picket the City of Cape Town’s offices at the Civic Centre to demand respect for the right to protest. Among them are Right2Know Western Cape, the Social Justice Coalition, Ndifuna Ukwazi and the Equal Education Law Centre.

The right to organise, protest and speak out is central to all community struggles for social justice. We demand that local, provincial and national government respect this right!

Complaints to the City of Cape Town

The City of Cape Town has shown its contempt for the right to protest in the past, by insisting that people must apply for “permission” to protest and putting outrageous limitations on certain protests. Earlier this month, the City tried to stop a Palestinian solidarity protest from going ahead unless it was limited to just 150 people.

At information sessions on the Regulation of Gatherings Act held by the City on 14 and 15 July, City officials made a number of misleading and concerning remarks about their regard for the right to protest which were challenged by activists in the room. City officials promised to explain and clarify in writing. Over the past two months, these officials have repeatedly missed deadlines to provide these answers.

The Regulation of Gatherings Act undermines the right to protest

While the Gatherings Act does provide some basic protections to protesters and does not empower officials to undermine the right to protest in the way that they often do, the Act itself is fatally flawed and is very likely unconstitutional.

We are reminded that in February 2015, the Cape Town magistrate’s court handed down criminal convictions to ten members of the Social Justice Coalition for convening an “illegal protest” – a protest in which no person or property was harmed. How can it be criminal to peacefully campaign for better sanitation in Cape Town’s informal settlements?

This conviction is to be appealed at the Western Cape High Court. We support this appeal to free these ten activists of their criminal conviction, and to pave the way for a more just legal framework that supports the constitutional right to protest.

Concern for growing hostility to the right to protest

We see a pattern nationally and internationally of policies and attitudes that close down dissent and undermine freedom of expression and public participation. On this International Right to Know Day, we call on all South Africans to stand up for the right to protest and freedom of assembly.

Summary of questions for City of Cape Town (15 July 2015)

1. When will the City provide a Notice Form for Gatherings and scrap its unlawful “Application Form” for gatherings? Does the City acknowledge that the Gatherings Act does not require people to apply for permission to protest?

2. In information sessions, City officials have made reference to bylaws that put extra limitations on gatherings. We want to know what existing or draft bylaws there are?

3. We want to know about the City and police’s Crime Intelligence role in gathering or sharing information and intelligence on protest organisers and participants before, during and after protests.

4. We want to know when the City will release its data on protests and gatherings.

5. We want to know when and where the City will be holding information meetings at venues closer to/more accessible to affected communities beyond the CBD.