Cape Town - There appears to be confusion on what was meant by the Constitutional Court judgment last week on the right to protest without the need for a permit, with law enforcement officials apparently still requiring one.
Activist groups, the Social Justice Coalition (SJC) and Equal Education, have slammed law enforcement for not fully understanding the judgment.
“We don't think they understand fully what this ruling is and what this ruling means for us as an organisation,” said Axolile Notywala, general secretary of the SJC.
The SJC along with hundreds of residents from various informal settlements across the city marched to the Civic Centre on Thursday, demanding better services.
Residents of Ses’khona in Philippi East, Nkandla in Kraaifontein, Island in Khayelitsha, Green Point in Khayelitsha, KK section in Khayelitsha, with the support of the SJC, marched to compel the City of Cape Town to recognise the extreme lack of basic services and rights they are forced to live in due to its inefficiency.
The march comes just days after the Constitutional Court's judgment, which ruled that failure to give notice of a protest should not be made a criminal offence. Notywala said that despite giving notice that they will be marching, law enforcement officers still wanted their permits. “We had given the notice before the Concourt judgment and they were speaking to us like we needed a permit.
"What's crucial to know is that protesters are protesting for the government to listen and to respond, not for law enforcement to respond."
Thami Nkosi from Right2Know said they were “deeply concerned” with systematic oppression on people's right to protest. “We are of the opinion that it's a far-reaching judgment that has to be speeded up with regard to legislation. We see a large attempt to suppress people's right to protest to show dissent and we think it's an important right to exercise.” Equal Education general secretary Noncedo Madubedube said: “I believe that law enforcement has to undergo extensive training to understand this ruling and what it means, and civil society has to be the one to educate them.”
The city's mayoral committee member for safety and security, JP Smith, said: “We understand the judgment very well and we had a legal opinion on the matter. However, we need to strike a balance that it's not just about exercising your right; it's about being cautious. We respect people's right to protest, but we have to ensure the safety of everyone.”
@MarvinCharles17