SCHUBART PARK RESIDENTS COMMITTEE
RIGHT TO PROTEST DENIED AGAIN
CITY OF TSHWANE METRO POLICE AND CHIEF MAGISTRATE CONSCIOUSLY VIOLATING THE LAW THEY ARE SUPPOSED TO UPHOLD AND ENFORCE
The community of Schubart Park in Pretoria, which has been fighting against our mass eviction and failure to provide alternative accommodation for more than a year now has – together with our community allies in Mamelodi, Atteridgeville and Itireleng – again been denied our legal and constitutional right to protest.
As we have always done, all the necessary forms and processes (under the ‘Gatherings Act’) were complied with in our notification to the City of a community march to be held on 26th June 2012. When the City of Tshwane indicated to us that they would be at a Council Meeting the whole day and that there would thus be no one to accept our memorandum, we gladly agreed to shift the march date to 7th August. However, when we were called on the 31st July 2012 for a Section 4 meeting by the Metro Police – where logistical issues of the march were supposed to be discussed – we were told that march would not be allowed to take place.
The reasons given to us for the refusal were that as Schubart Park we cannot be acting on behalf of other communities (those who were joining us) and that it was the opinion of the Metro Police that the march would not be peaceful. When we contested both of these so-called ‘reasons’ – which are so clearly arbitrary and without foundation – the Metro Police told us that since Tshwane is the capital city, they cannot allow ‘people’ to disturb business in the City.
Knowing full well that the ‘refusal’ by the Metro Police not only violated the letter and spirit of the relevant law – the ‘Gatherings Act’ – but was also a clearly politically-motivated assault on our right to protest, we took the matter to court. To our absolute surprise and outrage, the Chief Magistrate – Mr. Desmond Nair – refused to overturn decision. In his ruling, Magistrate Nair made the incredible statement that if the Metro Police declines, he cannot approve.
This is not the first time that our right to protest has been wilfully violated and then politically rationalised – by a court of law no less! How can we take the Police and the Courts seriously when they are the very ones who deny citizens their lawful right to protest? If we then choose to rightfully exercise our right in the face of these ‘refusals’ we are accused of being ‘trouble-makers’ and ‘criminals’.
Is it any wonder then that more and more communities across the country are losing any respect they might have had left for those that are supposed to uphold the law and defend citizen rights?
FOR COMMENT OR FURTHER INFORMATION CONTACT:
Mashao Chauke on 0822126518 OR Ali Mashimbye on 082 970 3761