Cape Town - An application by protesting students for a court order interdicting the South African Police Service (SAPS) from infringing on their rights to peaceful protest was postponed to Thursday morning.
Hundreds of students gathered at the Western Cape High Court late on Wednesday night for the application, which at first proceeded without police legal representatives being present, despite a notice of motion being served on police commanders in Cape Town.
An advocate, who would act for SAPS, Adiel Nacerodien, later made it to the courtroom and informed Judge Mape Dolamo he needed more time to consult with his clients.
“I advise you that this is a very urgent matter that needs to be attended to as speedily as circumstances can allow,” Dolamo warned SAPS.
The matter was adjourned until 8am on Thursday.
Earlier on Wednesday evening, advocate Sheldon Magardie, acting for the students and their parents, told the court their application “only relates to protections under the Constitution of peaceful protest”.
Magardie said they intended to prove the protesters’ “prima facie rights have been infringed” by police.
Pamela Dhlamini, a protester who claimed members of the public order policing unit manhandled her and other students before and after they breached parliamentary security on Wednesday afternoon, was the first and only witness to take the stand during Wednesday’s proceedings.
Dhlamini said the officers in “gladiator uniforms” hit students with their shields and batons, and pepper-sprayed protesters.
She said she did not know how it happened, but at some point during the protest, one of the gates to Parliament swung open, and hundreds of students managed to move through and make their way to the National Assembly.
When police tried to push students back, Dhlamini said: “We asked the white students to be human shields for black students.”
She said police were less likely to act violently towards white students. However, several students were injured when police used force to push students back out of the gates of Parliament, Dhlamini said.
“They kept on swearing at us, telling us ‘voetsek’. They pulled my hair,” she testified.
Also present in court was National Association of Democratic Lawyers’ Ashram Mohamed, who is acting for the South African Students Congress. He told the African News Agency (ANA) they were trying to secure the release of at least 23 students, four women and 19 men, who were being held at the Cape Town police station.
Unconfirmed reports suggest Ilan Price, the son of University of Cape Town vice-chancellor Max Price, was among the arrested.
Others include struggle stalwart Reverend Frank Chikane’s son, Kgotsi, and Markus Trengrove, whose father, advocate Wim Trengrove, is regarded as one of South Africa’s sharpest legal minds.
Another six students were being held at the Bellville police cells.
ANA
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