However, in terms of the Gatherings Act, the word “gathering” has a different and specific meaning. The Act says that a gathering is a march, picket, or parade of more than 15 people taking place in a public space, such as a street, park or on the steps of a building etc. Further, the Act says a gathering is understood as an activity that expresses any form of contestation or is critical towards whomsoever, whether it is, for example, a person, a company or government body. A gathering requires prior notification to the relevant local authority. A march, picket, or parade of 15 people or less requires no notification. 3. Who is the convener? The convener is the person who is officially in charge of a gathering, and who is responsible for asking permission from the local authority. The convener is the person appointed by an organization to obtain permission to gather from the local authority on behalf of that organization. 4. What is the role of the convener? The convener is responsible for notifying the relevant local authority of the proposed gathering and being the contact person for the organization. The process of notifying the authority of the gathering is as follows: · Firstly, the convener fills in the notice form and gives it to the local authority. When the authority does not have a notice form to be filled in, the convener must create and complete a notice form on his/her own and give it to the authority. · Secondly, the convener must take part in the negotiations at any meeting that may be called by a representative of the local authority. 5. What if the convener appointed by the organization is not playing his/her role in a given situation? The person or the organization applying for a gathering must also appoint a deputy convener. The role of the deputy convener is to replace the convener when necessary. For example, is the convener is unable to attend a meeting called by a local authority, the deputy convener will then be called to attend it. 6. What is a notice? A notice is a form or a document that is signed by the convener and which contains the details of the gathering, the details of the convener, and, when it applies, the details of the organization. This signed and completed document is handed to the local authority to get permission to hold the gathering. See attached example. 7. What kind of information must be put in a notice? Where the local authority provides the notice form, the convener only needs to fill out the form with the required information. The information requested on the form that needs to be filled in to obtain permission to hold a gathering anywhere in South Africa is listed below. Where the local authority does not provide such a form, the convener must create a document that is similar to this by writing down all the questions below and completing the answers. In both cases the convener must sign the form. The contents of a notice form: 1) The name, address and telephone and facsimile numbers of the convener and his deputy. The name of the organization or branch thereof on whose behalf the gathering is being organized, or if it is not so organized, a statement that the gathering is organized by the convener. 2) The purpose of the gathering. 3) The time, duration and date of the gathering. 4) The place where the gathering will be held. 5) The anticipated number of participants. 6) The proposed number and, where possible, the names of the marshals who will be appointed by the convener. 7) The manner in which the marshals will be distinguished from other participants. 8) In the case of a gathering that will take the form of a procession (march): a. The exact and complete route of the procession. b. The time when and the place at which participants in the procession will assemble, and the time when and the place at which the procession will start. c. The time when and the place where the procession and the participants will disperse. d. The manner in which the participants will be transported, both to the place of assembly and from the point of dispersal. e. The number and types of vehicles involved in the procession, if any. 9) If notice is given later than seven days before the date on which the gathering is to be held, the reason why it was not given earlier. 7. To whom must the notice to be sent? The notice must be sent to the responsible officer, either by hand or fax. The responsible officer is the person appointed by the local authority to deal with matters associated with gatherings and he/she has the authority to permit a gathering. 8. When must the notice be handed to the local authority? The notice must reach the responsible officer 7 days before the planned gathering. When it is not possible to send the notice 7 days in advance, the convener may still send the notice to the responsible officer, but must include in the notice the reason why it was not sent on time. When the notice is sent within 48 hours of the gathering, the responsible officer may prohibit the gathering without reasons. 9. What can the convener expect after sending the notice? The convener can expect to be invited to a meeting by the responsible officer. This meeting will be attended by the following: · The convener or, if he/she cannot make it, the deputy convener. · The responsible officer. · A representative of the police. · Any other officer concerned. The purpose of the meeting is to discuss any possible changes to the gathering as it is planned and described in the notice. The responsible officer or the police representative may want the gatherers to follow another route than the one described in the notice for security or other reasons. If an agreement is reached at a meeting, the gathering may proceed in accordance with the notice as it has been changed. If no agreement is reached, the responsible officer may impose on the convener any reasonable changes to the conditions under which the gathering was planned to proceed by imposing any further conditions required for the gathering to take place. The officer must give written reasons to justify his/her decision. 10. What happens if the responsible officer does not call a meeting? If the convener is not called to a meeting within 24 hours of sending the notice, the gathering is automatically legal and can proceed without any further formalities under the conditions described in the notice. 11. Can the responsible officer prohibit the gathering? Yes, the responsible officer may prohibit the gathering, but he/she must first meet the convener. Secondly, the responsible officer must give written reasons justifying the prohibition. Thirdly, to justify the prohibition of the gathering, the officer must be convinced that one of the following will take place and that it will not be for the police to prevent these: · The gathering will result in serious disruption of traffic. · The gathering will result in injury to participants gathering or other persons. · The gathering will result in extensive damage to property. 12. What happens if the gathering is prohibited? If the gathering takes place despite the prohibition, it will be treated as illegal. Any person attending a prohibited gathering is committing an offence. However a gathering should be prohibited only in exceptional cases. If you have any reason to believe your gathering should not have been prohibited, you may approach a Magistrates or High Court (preferably the High Court) and ask the magistrate or judge to give declare the prohibition illegal and give permission for the gathering to go ahead. You don’t need a lawyer for this. Just go to the judge with your story written down in an affidavit and you should win your case. SECTION TWO: THE GUARANTEED RIGHTS 1. Protesters and the Bill of Rights The South African Constitution, which is the highest law of the country, contains a Bill of Rights that protects fundamental human rights and freedoms. This section deals with some of those rights and freedoms. First, however, it should be noted that, in theory, protesters are entitled to assert their fundamental rights and freedoms and as such, they can demand that state agents, e.g. police officers, respect these rights and freedoms. In practice, however, protesters who insist heavily on their rights and freedoms are subject to even more repressive actions from police officers.
