Xolani Koyana
SOCIAL Justice Coalition activists who are in court for participating in an illegal gathering outside the Civic Centre have challenged the city’s policy on granting permission for protests as unconstitutional.
The 21 activists, including Zackie Achmat and the SJC’s general secretary Phumeza Mlungwana, appeared in the Cape Town Magistrate’s Court yesterday over an incident in September in which they chained themselves to a railing outside the Civic Centre to protest against the lack of sanitation in Khayelitsha.
All 21 accused pleaded not guilty to a charge of convening a gathering without notice in violation of the Regulation of Gatherings Act and taking part in an illegal demonstration.
Noel da Silva, a city officer responsible for issuing permits, said there had been no application from the group to take part in a protest.
Michael Bishop, appearing for the 21, argued there was no section in the act that stipulated that a group had to apply for a permit. Da Silva agreed but said they still had to notify the city of their intention to gather by filling in a form.
Bishop said the city was the only municipality that enforced this policy, and that it was unconstitutional.
Warrant Officer Jacob Pietersen of the public order police was one of the arresting officers and he told the court yesterday they had received information from their control room that a group of people “were causing a blockage on the entrance of the Civic Centre”.
Pietersen said he and a fellow officer had found people singing, dancing and waving placards. He said about 20 people had formed a “human chain” on the steps leading to the centre’s entrance on Hertzog Boulevard. They had bound themselves to the rails using chains and padlocks. Their action was preventing people from accessing the building while keeping others inside, he said.
Pietersen said his colleague, a captain, instructed the protesters to unchain themselves and disperse but they refused.
They received an order to arrest the people who were blocking the entrance, he said.
The trial continues today.