ORGANISING A PROTEST

TOOLKIT & GUIDE FOR

ORGANISING
A PROTEST

CIVIC ACTION

RESOURCES AVAILABLE ONLINE Visit: [Link]

Disclaimer:
The information in this Guide is provided for
general information purposes only and does
not constitute legal or other professional
advice. While we have taken every care
to ensure that the content is accurate, the
content is provided as is and your use of and
reliance on the information contained herein
is entirely at your own risk. All the information
is not intended to stand alone as legal advice.
Before making any decision or taking any
action you should take appropriate advice
from a suitably qualified person with regard
to your particular circumstances. We accept
no responsibility for any loss or damage
which may arise from reliance on information
contained in these pages.

Created in partnership between:

 “Everyone has the
right, peacefully and
unarmed, to assemble, to
demonstrate, to picket
and to present petitions.”
- Section 17 of the constitution

This guide has been designed to provide valuable

resources and accurate information to those
looking to organise a protest. Knowledge of your
rights as a protest organiser and the surrounding
legislation is key to ensuring that your protest is
effective, safe and legal.

For more information please visit:

[Link]
 TOOLS
YOUR RIGHTS & REGULATIONS

RGA CHEATSHEET 6

BEFORE THE PROTEST

SECTION 3 CHECKLIST 12 PLANNING YOUR ROUTE 10

CONVENER CHECKLIST 15 NOTIFICATION TIMELINE 16

DURING THE PROTEST

CONVENER CHECKLIST 18 MARSHAL CHECKLIST 20

PROHIBITED CONDUCT 22 IDENTIFYING THE POLICE 23

ESCALATION OF FORCE 24

AFTER THE PROTEST

POLICE BRUTALITY 26 BEING ARRESTED 28

RIGHTS WHEN ARRESTED 29

CONTENTS
HOW TO USE THIS GUIDE 1
YOUR RIGHTS & REGULATIONS 3
YOUR RIGHT TO PROTEST 3
CAN I BE BANNED FROM PROTESTING 3
INFORMING AUTHORITIES 4

BEFORE THE PROTEST 7

ASSIGNING ROLES 7
GIVING NOTICE 8
BY WHEN TO GIVE NOTICE 8
CONTENTS OF A SECTION 3 NOTICE 9
BEING CALLED TO A SECTION 4 MEETING 13
HAVING YOUR PROTEST PROHIBITED 14

DURING THE PROTEST 17

THE ROLE OF THE CONVENER 17
THE ROLE OF THE MARSHAL 19
POLICE AT THE PROTEST 21

AFTER THE PROTEST 25

RIOT DAMAGE LIABILITY 25
POLICE BRUTALITY 25
BEING ARRESTED 27

GLOSSARY31
USEFUL CONTACTS 34
1

INTRODUCTION
HOW TO USE
THIS GUIDE
HIGHLIGHTS & ICONS
Highlights are used in this guide to draw atten- HIGHLIGHTS
tion to words and phrases that are particularly
important. These HIGHLIGHTS feature icons
When you see a highlight, look for a block
which help to better explain what the word or
like this one to find out more.
phrase refers to. These icons include:

Person Further Form or Online Warning Place or

or role explanation legislation resource institution

Definitions for these items can all be For all our online resources, please
found in the glossary on page 31 visit [Link]

TOOLS FOR SHARING

When you see this icon in the corner of a page, it means that the
page was intended to be torn out, copied and shared amongst
anyone involved in the organising of the protest or, where relevant,
anyone participating in the protest.

In most cases, these tools, as well as many more, can be found

online by visiting our at [Link].
 The exercise of
[the right to protest]
shall take place
peacefully and with
due regard to the
rights of others...
- PREAMBLE TO THE REGULATION OF GATHERINGS ACT
3

INTRODUCTION
YOUR RIGHTS
& REGULATIONS
YOUR RIGHT TO PROTEST

Protesting has a long and pow- Everyone has the

erful history in South Africa. It
right, peacefully
and unarmed,
is vital that citizens have a lawful
means of expressing their discon-
tent, or political views. Because
to assemble, to
demonstrate,
of this, and because it is such
an important part of our civil and
political rights, the Constitution to picket and to
says in section 17:
present petitions.

CAN I BE BANNED FROM PROTESTING?

The REGULATION OF GATHERINGS ACT (RGA) is intended to help people organising a
protest do so in an organised and safe way. When you organise a gathering, the authori-
ties can’t refuse to allow you to protest, except under very particular circumstances
when a gathering might be prohibited (see page 14). It is important to stay informed
about the law, so authorities cannot abuse any of its processes.

VIEW THE RGA ONLINE [Link]/rga

 4

REGULATION OF GATHERINGS ACT (RGA)

This act outlines your roles and responsibilities in organising a protest, as well as those of your
local municipality and the police. It seeks to ‘regulate’ how protests are conducted and managed.
The object of the law is to try and achieve a balance between your right to protest, and the rights of
others to go about their work and business without interference.

INFORMING AUTHORITIES

DEMONSTRATION GATHERING
NOTICE NOT REQUIRED N O T I C E R E Q U I R E D ( S E E PA G E 8 )

15 PEOPLE OR LESS 16 PEOPLE OR MORE

The RGA states that if you are organis- RESPONSIBLE OFFICER

ing a gathering that will be 16 people or
more, the RESPONSIBLE OFFICER from
The RGA says this is the person appointed
the municipality must first be notified.
by the local authority to receive and deal
We call this “giving notice” (see page 8).
with RGA proceedings.
If the march, picket, or protest will be
attended by 15 people or less, it is called
a demonstration and you don’t need to
give notice to the LOCAL AUTHORITIES , LOCAL AUTHORITY
though some guidelines still apply.
The RGA says that this means any local
authority body established in terms of any law
which applies in an area which forms part of
E 5)
CHE AT S HEE T (PAG the national territory referred to in section 1
RGA of the Constitution of the Republic of South
Africa. For instance, it would be your local
municipality, like the City of Cape Town.
RGA CHEATSHEET DOWNLOAD [Link]/cheatsheet

PROCESSION PETITION SPECIAL

DEMONSTRATION GATHERING
(GATHERING) (GATHERING) PERMISSION

Any demonstration
or gathering which
16 people or more 16 people or more
takes place at
Definition 15 people or less 16 people or more moving from one where a petition
Parliament, the
place to another. is handed over.
Union buildings
or outside court.

No. Instead, special

permission must
Do I need to notify be obtained from
the responsible No Yes, 7 days prior Yes, 7 days prior Yes, 7 days prior
the assigned
office? authority at least
7 days prior.

Basic notice, with

route, start and Basic notice, with
end venues and the place where
What are the Basic notice times, vehicles and the person
contents of the Not applicable
(section 3 (3) a-g, i). and details of to whom it is to
Not applicable
section 3 notice? participant be handed over
transport (section (section 3 (3) a-j).
3 (3) a-i).

Yes, but only Yes, but only Yes, but only Permission can
Can my protest be Not covered in
where section 5* where section 5* where section 5* be refused by the
prohibited? the RGA.
is complied with is complied with is complied with. assigned authority.

Is there stipulated Yes, outlined in Yes, outlined Yes, outlined Yes, outlined Yes, outlined
conduct for section 8 (4-10). in section 8. in section 8. in section 8. in section 8.
participants?

The police can give an order to disperse if they reasonably believe there is a danger to persons and property
as a result of the gathering or demonstration, and other means to prevent the risk have failed. If the crowd have
Can the police use
failed to comply with an order to disperse (given in at least two official languages within a reasonable period), a
force to disperse
commanding officers can issue an order for the use of force – which must exclude the use of weapons likely
us?
to cause serious injury or death – for dispersal only. The SAPS National Instruction provides more detailed
guidance. Become familiar with these sections, as a failure to comply with them by SAPS officials can be misconduct.

Can the convener,

or organiser be Yes Yes Yes Yes Yes
held liable for riot
damage?

Does the RGA Yes, section 12 Yes, section 12 Yes, section 12 Yes, section 12 Yes, section 12
create any offences (1) c-e, g, i-k. (1) a-k. (1) a-k. (1) a-k. (1) a-k.
to be aware of?

* This includes a serious threat to traffic, or possible injury, or extensive damage to property, and attempts having been made to negotiate.
7

SECTION 1
BEFORE
THE PROTEST
ASSIGNING ROLES CONVENER

The person appointed to be responsible

The RGA requires for the arrangements of the gathering by

that you assign a

the organisation concerned. The convener
leads on the requirements of the RGA from

convener, deputy the side of the protesters. A deputy should

convener, and
also be assigned.

marshals as part DEPUTY CONVENER

of the planning
process for your The deputy is the second in command. If,

gathering. prior to the gathering, the convener can no

longer take on the role, it makes sense for
the deputy to take on the responsibilities
as convener.

This is the responsibility of the relevant

organisation intending on holding the MARSHALS
gathering. “Organisation” is understood
very broadly as any “association, group, or
Marshals are appointed by the convener to
body of persons”. So it could be your street
help keep the protest organised and under
committee, or your workers union, or your
control on the day. The most important of
political party, or your student council, or
their responsibilities is overseeing acces-
simply just people who have organised to
sibility and assisting in the progress of
come together under a shared banner such
the protest alongside the convener.
as #FeesMustFall.
 8

GIVING NOTICE
The convener must notify the local authority.
This is referred to as a SECTION 3 NOTICE after

Section 3 the relevant section in the RGA.

OF SECTION 3 NOTICES for different metros can
EXAMPLES

notice must be be found online.

sent to local
authorities SECTION 3 NOTICE

notifying them The RGA says that if you want to hold a gathering,
of your planned you must submit a written document outlining

gathering. the details of the convener, deputy convener,

date, times, locations, procession route, marshal
strategy etc. to the responsible officer.

SECTION 3 EXAMPLES [Link]/section-3-examples

BY WHEN TO GIVE NOTICE

SECTION 3 NOTICE must be given to the

SECTION 3 CHECKLIST
responsible officer, at best, 7 days before the
planned gathering. But when seven 7 days is
(PAGE 11)
not reasonably possible, the latest you can give
notice is 48 hours before the gathering.

If notice is given less than 48 hours before, the responsible officer may have grounds to
prohibit the gathering. The convener must be informed of this cancellation.

7 2 X
DAYS DAYS DAY OF
PRIOR PRIOR GATHERING

LOW RISK MEDIUM RISK OF BEING PROHIBITED HIGH RISK

9

CONTENTS OF A SECTION 3 NOTICE

Metros have varying requirements for the When organising a PROCESSION , you
contents of their section 3 notices. As a must also provide the following information:
general rule you should gather the fol-
• The exact route of the procession
lowing information about your gathering:
• What time your participants will come
• Details of the convener (name, address, together, where this will be, and the time
contact information) you plan to start moving
• Details of the deputy convener • The time and place at which your pro-
• Name of organisation or branch calling cession will end
the gathering • How participants will be transported
• Location of the gathering (certain loca- to the starting point, and will leave the
tions may require SPECIAL PERMISSION ) end point
• Purpose of the gathering • The number and types of vehicles, if
• Time, duration and date of gathering any, which will form part of the procession
• Estimated number of participants
And if you are handing over a PETITION
• Proposed number of marshals and
you must also provide:
their details
• Description of how marshals will be • The place where and the person to whom
distinguishable from participants and it is to be handed over
the public
• If applicable, provide a reason for notice
being given later than 7 days before PROCESSION
the day of the gathering
This is a gathering that moves from one
place to another.
SPECIAL PERMISSION

Any demonstration or gathering that takes PETITION

place within 100m of parliament, a courthouse
or the Union Buildings will require special
A petition is a formal written request, typically
permission from the assigned authority
signed by many people, appealing to authority
before proceeding.
in respect of a particular cause.
 PLANNING
10

COP
Y&
YOUR ROUTE
SH A
RE

USING GOOGLE MAPS

4
3

GOOGLE MAPS [Link]/mymaps

Create a Google account by visiting Click the share button to invite other
1 [Link]/accounts. 5 organisers to collaborate on the map.
You can give certain people permission
Visit [Link]/mymaps and
2 click . Give your
to comment on and edit the map.

map a title and description Once complete, you can share the
6 map widely amongst marshals and
Enter an address or city to begin, or
3 alternatively zoom and drag the map
participants. You can also print out
the map and attach it to your section
using the controls on the left to pinpoint
3 notice.
the start of your route.

Add a new layer and click to create

4 a new set of directions. Once created,
click and drag the route line to redirect
your route into specific roads.

HANDY METRO MAPS [Link]/metro-maps

 SECTION 3 CHECKLIST
CHECKLIST AVAILABLE ONLINE

[Link]/section-3

GENERAL INFORMATION

Protest type*: Demonstration (15 people or less) Gathering (16 people or more) Procession (gathering which moves from place to place)

Petition (gathering where a petition is handed over) Special permission (any grouping outside a courthouse, parliament or union building)

Date*: Gather time*: End time*:

Gather location*: Procession end location:

How will people be transported to the gathering point?: How will people be transported from the end location?:

Procession departure time (gathering point): Procession arrival time (at destination):

Number of vehicles present (if any): Which official will the petition be presented to? (if applicable):

Types of vehicles:

PROCESSION ROUTE PURPOSE OF THE DEMONSTRATION / GATHERING*

CONVENER DETAILS* DEPUTY CONVENER DETAILS*

Full name: Full name:

Address: Address:

Contact number: Contact number:

ORGANISING ORGANISATION* MARSHALS & MARKINGS*

Organisation name: Where possible, please provide the names of the marshals who will be
appointed by the convener.
OR If not organised by an organisation:
Marshal 1:
I, the convener, acknowledge there is no organisation calling this gathering
and I instead am responsible. Marshal 2:

Convener signature: Marshal 3:

Marshal 4:
WAS YOUR NOTICE SUBMITTED ON TIME?*
Marshal 5:
If this notice was submitted less than 7 days prior to the gathering, please
Marshal 6:
provide a reason for the late submission.
How will your marshals be marked to distinguish them from participants,
Reason for late submission: car guards or other officials? (eg. bibs, arm bands etc.)

Marshal markings:
13

BEING CALLED TO A SECTION 4 MEETING

Once your notice is received by local
1 authorities, they will assign a responsible SECTION 4 MEETING
officer to co-ordinate with the relevant
authorities. The RGA says that the responsible
officer can call all relevant stakeholders,
If they have concerns regarding your
2 notice, the responsible office may decide
including the Convener and Deputy
Convener, to a meeting to to discuss
to call a SECTION 4 MEETING within 24
the finalising of the contents of the
hours of receiving it.
section 3 notice.
The responsible officer may call the con-
3 vener, deputy convener, authorized
members, as well as representatives
KEEP PROOF OF DELIVERY
from other public bodies or consultive
forums to the meeting.
If you use a courier to deliver your
There may be a large number of people
4
section 3 notice, always keep a copy
at the meeting. Because of this fact, it of the proof of delivery! If you hand
may be a good idea to bring a relevant deliver it, keep a note of the date and
delegation to help manage negotiations. time of delivery. This is important as the
responsible officer only has 24 hours to
The responsible officer may want to
5 impose conditions on the terms of your
request a section 4 meeting.

notice to try and better ensure:

• Car or human traffic is not impeded

KEEP MEETING RECORDS
• There is an appropriate distance
between rival gatherings
Be sure to get outcomes from this
• Access to property and workplaces
meeting in writing, as well as any per-
• The prevention of injury to persons
sonal notes of what is said for reference.
or damage to property

If agreements cannot be reached around

6 a certain condition, it may be challenged
in the relevant MAGISTRATES’ COURT .
You must do this within 24 hours of
receiving notice.
 14

HAVING YOUR PROTEST PROHIBITED

In exceptional circumstances, a responsible
officer can prohibit a protest. This can only

In exceptional be done where they have credible information

circumstances,
that the gathering might:

a responsible
• Result in a serious disruption of traffic, or
• Injury to participants and/or others, or

officer can • Extensive damage to property, and

prohibit a protest.
• In all the above cases, the police or traf-
fic officers also won’t be able to contain
This decision may these risks.

be challenged If they have that credible information, they must

in the relevant then call the convener to a further negotiation

Magistrates’
to try and come to an agreement on how to
prevent these risks through the notice. If, after

Court. this meeting, no condition can prevent these

risks, the responsible officer can prohibit the
protest.

You can challenge the decision by a responsible

MAGISTRATES’ COURT officer to prohibit the protest, but you will have to
do so in the relevant MAGISTRATES’ COURT .
You must do this within 24 hours of receiving
The Magistrates courts are the lower
notice.
courts which deal with the less serious
criminal and civil cases. They are divided If your gathering is prohibited, but you go
into regional courts and district courts. ahead with it anyway, you would be guilty
of an offence in terms of the RGA and could
be arrested on the day of the protest (see
page 27).

FIND A COURT [Link]/contact/lowercourts_full.html

15

CONVENER ARE
CHECKLIST
SH
COPY &

BEFORE THE PROTEST

BEFORE THE PROTEST THE CONVENER MUST:

Assign a deputy

Assign marshals and, as best practice, a Chief Marshal

who can rally the marshals on the day

Complete and submit the section 3 notice

Keep proof of delivery of your section 3 notice

If called, attend the section 4 meeting (see page 13)

Ensure outcomes of the meeting are in writing

Inform Marshals about the contents of the section 3 notice

Prepare a list of contacts for legal, medical and other assistance

that might be called on if there are problems at the protest

Create a whatsapp group with the Deputy Convener and Marshals

for communication before and on the day of the protest

AVAILABLE ONLINE [Link]/convener-checklist-before

 NOTIFICATION
16

TIMELINE COPY &

SHARE
BEFORE THE PROTEST
7 DAYS BEFORE 6 DAYS BEFORE
Submit section 3 notice to Notice to attend section 4 Convener to attend section 4
responsible party meeting may be received meeting (deputy optional)

Notes: Notes: Notes:

Complete Complete Complete

5 DAYS BEFORE 3 DAYS BEFORE

IF NECCESARY, submit application to overturn Final opportunity to submit section 3 notice.
decision to prohibit protest or inhibiting condition Section 4 meetings and any interactions with
to relevant magistrate (within 24 hours of notice) magistrates must be undertaken before protest.

Notes: Notes:

Complete Complete

1 DAY BEFORE PROTEST DAY!

Brief marshals on contents of notice. Complete convener checklist (page 18) as
Arrange meeting times and procedural well as the marshals checklist (page 20)
details. Finalise petition and arrangments for
handover if relevant.
Notes:
Notes:

Complete Complete

AVAILABLE ONLINE [Link]/timeline

17

SECTION 2
DURING THE
PROTEST
THE ROLE OF THE CONVENER

...the convener 1
Bring the section 3 notice and make

must take
sure it is distributed to all the marshals

necessary steps 2
Communicate and organise the mar-

to ensure the
shals, briefing them on all details

protest always 3
Ensure the protest goes as planned,

goes peacefully.
and in line with conditions, and that
there is no riot damage.

)
The CONVENER CAN BE HELD LIABLE for the
E D C ONDUCT (PAGE 24
actions of the protesters at the gathering. PROHIBIT
As a result, it is important that they appoint
marshals who will help control the partici-
pants at the gathering. The convener must DAMAGE LIABILITY
take necessary steps to ensure the protest
always goes peacefully. They must ensure
Damage liability means that the law spec-
that marshals are clearly distinguishable e.g.
ifies a person as responsible for any dam-
by red or green armbands, or very distinc-
age, which might occur. That person can
tive clothing. It is a good idea to provide a
then be charged with an offence whether
copy of the notice to all marshals in good
or not they were the person who actually
time prior to the event, and run through the
did the damage.
particulars of it.
 18

CONVENER
CHECKLIST SH ARE
COPY &
DURING THE PROTEST

DURING THE PROTEST THE CONVENER MUST:

The convener must be present at the gathering

Bring a copy of the section 3 notice with proof of delivery

Ensure protest is conducted peacefully

Ensure marshals are clearly marked

Ensure the protest complies with the notice (make sure it starts
on time, ends on time, and complies with the registered route)

Distribute copies of prohibited conduct to participants (see page 22)

Take reasonable steps to ensure no participant has

possession of firearms or dangerous weapons

Take reasonable steps to ensure no participant compels, or tries

to compel, another person to participate against their will

Ensure no riot damage occurs

Help monitor and keep photographic and video records of any

incidents with police, or otherwise, that can help with later cases

AVAILABLE ONLINE [Link]/convener-checklist-during

19

THE ROLE OF THE MARSHALS

Take reasonable steps to ensure that

Marshals are the 1 no entrance to a building or premise

conveners eyes is obstructed,

and ears. They are If there is a hospital, fire or ambulance

2
responsible for station, ensure its entrance cannot

overseeing the
be barred,

route, participant 3 Guide protestors on the correct route,

safety, and
accessibility. 4
Ensure that they are clearly marked
and visible to the public and protestors,

Help the convener ensure the protest

5 goes as planned, and in line with
conditions.

How many
Advice from authorities sug-
Q A gests that you should try
marshals one marshal for every 10

should be participants. Also, mark them

clearly (Distinctive arm bands,
present? or brightly coloured t-shirts
in the same colour are good
options for high visibility).
 20

MARSHAL
CHECKLIST SH ARE
COPY &
DURING THE PROTEST

DURING THE PROTEST THE MARSHALS MUST:

Control the participants at the gathering

Keep a copy of the route

Help guide the participants along the prescribed route

Help ensure the protest complies with the notice

Help distribute copies of prohibited conduct to participants (see page 22)

Ensure reasonable access to buildings or premises

Ensure access to hospitals, fire and police stations and other

emergency services is not barred by participants

Take reasonable steps to ensure no participant has

possession of firearms or dangerous weapons

Take reasonable steps to ensure no participant compels, or tries

to compel, another person to participate against their will

Help monitor and keep photographic and video records of any

incidents with police, or otherwise, that can help with later cases

AVAILABLE ONLINE [Link]/marshal-checklist-during

21

POLICE AT THE PROTEST

1
Preventing people from deviating

According to the from the scheduled route.

RGA, the police 2

Guiding the participants during the

have the following

gathering.

powers at any 3
Preventing people from interfering
with the gathering.
demonstration or
gathering.
Under certain circumstances, the
4 police can instruct participants to
disperse.

As a general rule, it is always best to No member of the police is allowed to obscure

comply with an order from a police their identifying name badge. It is a good idea
officer. For most participants, however, for participants to keep video and photographic
their great concern with regards to police records of their protest.
is the USE OF FORCE against them, or
being arrested (see page 27). WHEN CAN POLICE USE FORCE
The use of force is regulated by the police’s
own NATIONAL INSTRUCTION as well The police can give an order to disperse if
as the RGA. they reasonably believe there is a danger
to persons and property as a result of the
Except for personal defence, police can
gathering or demonstration, and other means
only use force under the orders of the
to prevent the risk have failed. If the crowd
operational commander. Live ammo
have failed to comply with an order to disperse
cannot be used in crowd management.
(given in at least two official languages within
Nevertheless, if there is an incident it is
a reasonable period), a commanding officer
worth becoming familiar with the National
can issue an order for the use of force – which
Instruction, as any member of the police
must exclude the use of weapons likely to cause
who fails to comply with the rules is guilty
serious injury or death – for dispersal only.
of misconduct, and charges can be laid
against them.
 PROHIBITED
22

CONDUCT
COPY &
SHARE

KNOW YOUR RIGHTS

DANGEROUS WEAPONS
1
No person may have in their possession any
airgun, firearm, muzzle loading firearm,
or imitation firearm (as defined in section
This means any object capable of causing
1 of the Firearms Control Act).
death or inflicting serious bodily harm, if it
were used for an unlawful purpose. This
would include for example a knife, brass
8
No person shall destroy or do serious
knuckles, or knobkerrie.
damage, or attempt to destroy or do serious
damage to, any immovable or movable
property (i.e. create “riot damage”).

6
No person may have in their possession any
DANGEROUS WEAPONS (as defined

3
No person shall incite hatred of other in the Dangerous Weapons Act).
persons or any group on account of their
culture, race, sex, language or religion

7
through a banner, placard, speech or singing. No person shall try and compel any person
to attend, join or participate in the gathering
or demonstration.

4
No person shall perform any act or utter
any words, which are aimed at, or likely to

8
cause or encourage violence against a All persons must comply with an order
person or group. of the South African Police Services to
disperse if so given.

5
No person shall wear any form of clothing

9
that resembles any of the uniforms worn No person shall wear a disguise or mask,
by members of the security forces, such as which obscures their facial features and
the Police or South African Defence Force. prevents identification.

AVAILABLE ONLINE [Link]/conduct

 IDENTIFYING
23

THE POLICE
COPY &
SHARE

WHAT THE BADGES MEAN

PUBLIC ORDER POLICE 1

The Public Order Police (POP) are responsible

for policing protests. Their training is meant to 2
emphasise the importance of conflict resolution

3
and de-escalation, even when being provoked
by protesters.

THE POP BADGE (VISIBLE ON CHEST)

1 OFFICER NAME 2 RED COLOUR 3 SAPS INSIGNIA

All police are under orders to ensure POP badges are set on a red back- The regular gold SAPS insignia is
their name badge is always visible. ground. For most other police present in the center of the badge.
Any officer concealing their badge officers, the badge would be blue. Any officer with this insignia is a
is defying an order. member of the police force.

POLICE OFFICER RANKS (VISIBLE ON SHOULDER)

Captain Lieutenant Warrant Officer Sergeant Constable

NATIONAL INSTRUCTION [Link]/police-badges

 ESCALATION
24

OF FORCE
COPY &
SHARE

NATIONAL INSTRUCTION

1 NEGOTIATION 5 SECOND WARNING

Police must first attempt to negotiate with the Police must then give a second public warning
crowd if there is a serious safety risk. in at least two official languages for people
to disperse peacefully, giving a reasonable
time frame.

2 DEFENSIVE MEASURES

If the risk continues, they may put defensive 6 ATTEMPT TO DE-ESCALATE

measure in place, such as forming a barrier,
escorting in a safer direction, or blockading. If protestors have not dispersed after receiving
these two warnings, the commanding officer
may authorise the police to disperse members

3 FIRST WARNING
using the minimum possible force under the
circumstances.

They then give a public warning in at least

two official languages that action will be taken
against protesters if the defensive measures fail. 7 USING MINIMAL FORCE

The police can take immediate action against

4 PREPARATION TO USE FORCE

anyone trying to do serious injury to another
person or do “serious” damage to property,
but using minimum possible force.
Police must then bring forward the ‘reserve’
section of the police who are responsible for
offensive measures - they do this as a deter-
rent, so they should be seen to be preparing
to use force.

NATIONAL INSTRUCTION [Link]/SAPS-instruction

25

SECTION 3
AFTER THE
PROTEST
RIOT DAMAGE LIABILITY
An organisation can be held responsible
for riot damage that occurs, because of
the gathering. If there is no organisation, If there is no
the convener might then be held liable. This
organisation
behind the
section of the RGA has been challenged in
court before for being unconstitutional, but
it remains nevertheless. protest, the
Any participant in a demonstration can be convener might
be held liable for
held responsible for resulting riot damage
(as there is no official convener).

You can try and defend yourself against

any riot damage
such liability by showing you took rea- that results from
sonable steps to try and prevent the
damage happening – which is why it is so
the gathering.
important to check off all your responsibilities
outlined earlier.

POLICE BRUTALITY
Police brutality is a form of police misconduct where they use unjustified and/or
excessive violence against you. In spite of the laws and instructions, which all try and
ensure police conduct is peaceful and without force, there is always a risk when police
get involved that situations could escalate. Police sometimes use more force than
they do not need to, or they feel they have to escalate their use of force because of the
situation. Either way, you are physically and emotionally at risk.
 POLICE
26

BRUTALITY COPY &

SH ARE

TAKING ACTION

PROCEDURE ON THE DAY

SEEK TREATMENT DOCUMENT VIOLENCE IDENTIFY OFFICERS

If you have sustained any injuries, If possible, attempt to record or Get the name and rank of any
be sure to seek medical treatment photograph any violence you officers involved. An officer can-
before taking any further action. see taking place. not conceal his rank or badge.

SAPS must notify IPID

DOCUMENT INJURIES VISIT A DOCTOR of any use of force at a
protest. Separately, IPID is
As soon as possible, take photos Visit a doctor and get a full written
also obliged to investigate
of any injuries you sustained. report of all your injuries.
any complaint of assault
against a SAPS member.

TAKING ACTION AGAINST LAW ENFORCEMENT

LAY A CHARGE COMPLAIN TO IPID PURSUE CIVIL CLAIM

Visit the nearest SAPS station Lodge a complaint with the Seek legal council and file a
to where the protest was held Independent Police Investigative lawsuit against the SAPS. The
and lay a charge against the Directorate (IPID) by calling quality of your evidence from the
officers involved. 012-399-0000. day will greatly assist your case.

AVAILABLE ONLINE [Link]/police-brutality

27

BEING ARRESTED

1
Convening a gathering and failing
As well as to notify the local authority.

common law
2
As convener, failing to attend a

crimes, you can scheduled meeting.

be arrested for 3
Failing to comply with the conduct

offences under
outlined by the RGA for participating
in a demonstration or gathering.
the RGA that
4
Failing to comply with the contents
apply specifically of the section 3 notice.

to protest action. 5 Failing to comply with police orders.

These include:
6
Convening or attending a prohibitied
gathering.

These offences are very broad, as a result, you are advised to always try to
comply with the RGA to the best of your abilities to prevent the risk of arrest.

As best practice, if you are headed to a pro-

test where you believe you may get arrested, LAWFUL ARREST
bring proof of address as this can facilitate
quicker bail if you get arrested. An arrest is only considered lawful if:

The police can arrest you without a warrant of •• The police tell you that you are under
arrest if they believe you are busy committing a arrest.
crime (e.g. while protesting without notification),
•• The police have physical control over
but also if they believe you to be carrying a
you when they arrest you.
dangerous weapon, or if you are preventing
them from doing their work. However, even •• The police officer tells you why you are
in a protest or riot scenario, the police must under arrest.
ensure you are ARRESTED LAWFULLY .
 28

BEING
ARRESTED
COPY &
SHARE

WHAT YOU SHOULD KNOW

CRITERIA FOR LAWFUL ARREST

YOUR ARREST MUST BE POLICE MUST HAVE A REASON FOR ARREST

ANNOUNCED YOU UNDER CONTROL MUST BE PROVIDED

The police must tell you that you are An officer must have physical control The police must tell you why you are
under arrest, otherwise the arrest over you when they arrest you, under arrest, otherwise the arrest
is not lawful. otherwise the arrest is not lawful. is not lawful.

ONCE IN CUSTODY

TRANSIT TO THE POLICE STATION PROCESSING & INTERROGATION

The police officer must take you to a police station as Once at the police station or processing centre, you
soon as possible, unless the warrant of arrest says they will be identified and might be placed in a holding cell
must take you to some other place. However in a protest before being charged. You might also be interrogated
situation, there will likely not be a warrant for arrest. (questioned). It is highly advisable that you get legal
assistance to help you through any process involving
criminal charges.

AVAILABLE ONLINE [Link]/being-arrested

 RIGHTS WHEN
29

ARRESTED COP
Y & SH A
RE

KNOW YOUR RIGHTS

IF ARRESTED, YOU HAVE THE RIGHT TO SECTION 35 (1)

1 Remain silent (and be told of your right),

4
When you appear in court, be charged OR
informed of why you’ll continue to be
held OR to be released, and

2 Not be forced into making a confession,

Be released from detention if the inter-

5 ests of justice permits (with reasonable

3
Be brought before court as soon as pos- conditions, such as bail).
sible, but no later than 48 hours after arrest.

IF DETAINED, YOU HAVE THE RIGHT TO SECTION 35 (2)

Be informed promptly of why you are 4 If locked in a cell, to decent conditions,

1 being detained,

Communicate and be visited by family,

From the time of arrest (even before you 5 a religious counsellor, and/or medical
2 have been charged), to see your attorney, practitioner.

3 Challenge your detention in a court of law,

AVAILABLE ONLINE [Link]/rights-arrest

 If locked in a
cell, I have the
right to decent
conditions.
- SECTION 35 (2) OF THE CONSTITUTION
31

GLOSSARY
PEOPLE & ROLES

CONVENER AUTHORIZED MEMBER

The person appointed to be responsible The RGA says this is the person from the
for the arrangements of the gathering by police who is authorised to represent them
the organisation concerned. The convener in the relevant consultations and negotiations
leads on the requirements of the RGA from that form part of the Act’s process.
the side of the protesters. A deputy should
also be assigned.

RESPONSIBLE OFFICER

DEPUTY CONVENER The RGA says this is the person appointed

by the local authority to receive and deal
The deputy is the second in command. If, with RGA proceedings.
prior to the gathering, the convener can no
longer take on the role, it makes sense for
the deputy to take on the responsibilities
as convener.

MARSHALS

Marshals are appointed by the convener to

help keep the protest organised and under
control on the day. The most important of
their responsibilities is overseeing acces-
sibility and assisting in the progress of
the protest alongside the convener.
 32

FORMS & LEGISLATIONS

REGULATION OF SECTION 3 NOTICE

GATHERINGS ACT (RGA)

The RGA says that if you want to hold a

This act outlines your roles and responsi-
gathering, you must submit a written docu-
bilities in organising a protest, as well as
ment outlining the details of the convener,
those of your local municipality and the
deputy convener, date, times, locations,
police. It seeks to ‘regulate’ how protests
procession route, marshal strategy etc. to
are conducted and managed. The object
the responsible officer.
of the law is to try and achieve a balance
between your right to protest, and the rights
of others to go about their work and business
without interference.

GENERAL INFORMATION

DEMONSTRATION GATHERING

The RGA says that a demonstration is a The RGA says it is a march, picket or parade
protest of fifteen (15) or less people for or of 16 people or more in any public space,
against any person, cause, action, or failure that expresses any form of contestation or
to take action. You do not have to notify the is critical towards any person, company or
relevant authority of such a demonstration. government body.

PETITION PROCESSION

A petition is a formal written request, typically This is a gathering that moves from one
signed by many people, appealing to authority place to another.
in respect of a particular cause.
33

LOCAL AUTHORITY PROHIBITED PROTEST

The RGA says that this means any local A gathering which is prohibited, is prohibited
authority body established in terms of any law by the responsible officer, only when they
which applies in an area which forms part of have credible information that the gathering
the national territory referred to in section 1 might seriously disrupt traffic, injure partici-
of the Constitution of the Republic of South pants or lead to extensive damage property.
Africa. For instance, it would be your local Before a protest is prohibited, a “section 4
municipality, like the City of Cape Town. meeting” is called to try and negotiate a com-
promise regarding the terms of the protest.

SPECIAL PERMISSION
SECTION 4 MEETING
You are required to apply for special permis-
sion from the specified authority in terms of The RGA says that the responsible officer
the law if you want to hold your gathering can call all relevant stakeholders, including
at either the Union Buildings, Parliament, the Convener and Deputy Convener, to a
or outside any courthouse. meeting to to discuss the finalising of the
contents of the section 3 notice.

UN-NOTIFIED PROTEST
MAGISTRATES’ COURT
The RGA requires that all gatherings are
notified. In reality, many protests won’t be. The Magistrates courts are the lower courts
Even for these protests, laws of conduct apply which deal with the less serious criminal and
to police and other officials. This is because civil cases. They are divided into regional
the Constitution states that everyone has a courts and district courts.
right to protest.

ONLINE GLOSSARY [Link]/glossary

 34

USEFUL CONTACTS
RIGHT TO PROTEST HOTLINE LEGAL RESOURCE CENTRE

0800 212 111 +27 (0)11 836 9831

[Link] Braam Fischer Towers,

15th and 16th Floor,
20 Albert Street,
CENTRE FOR APPLIED Marshalltown, 2111, Johannesburg
LEGAL STUDIES
info@[Link]

+27 (0)11 717 8600

First Floor, DJ du Plessis Building,

FREEDOM OF EXPRESSION INSTITUTE
West Campus
University of the Witwatersrand
+27 (0)11 482 1913
Braamfontein, 2001, Johannesburg
1st Floor, Richmond Forum Building
[Link]@[Link]
18 Cedar Avenue,
Richmond, 2092, Johannesburg

INDEPENDENT POLICE fxi@[Link]

INVESTIGATIVE DIRECTIVE (IPID)

+27 (0)21 941 4800

RIGHT 2 KNOW CAMPAIGN
First Floor, Fintrust Building,
Corner Petrusa & Mazzur Street, +27 (0)21 447 1000
Bellville, 7530, Cape Town
1st Floor Community House,
Private Bag X 43, Bellville, 7535 41 Salt River Rd, Salt River,
7925, Cape Town
complaints@[Link] (National)
tleholo@[Link] (Western Cape) admin@[Link]
 ORGANISING A PROTEST
TOOLKIT & GUIDE FOR
ORGANISING
A PROTEST

CIVIC ACTION

TOOLKIT & GUIDE FOR

ORGANISING
A PROTEST
RESOURCES AVAILABLE ONLINE Visit: [Link]