Regulation of Gatherings Act

SAPS Attempt to Illegally Ban Protest in Durban

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Abahlali baseMjondolo Press Statement
5 December 2012

SAPS Attempt to Illegally Ban Protest in Durban

The Abahlali baseMjondolo branch in the Palmiet Road shack settlement in Clare Estate, Durban, has decided to march on the Ward 23 councillor, Themba Mtshali. They have been supported in this decision by all other Abahlali baseMjondolo branches in the ward.

Mtshali is one of the shack dwellers who became a councillor in the last local government elections as part of the ANC's strategy of trying to contain our movement – a strategy that has included serious repression and intimidation, attempts at co-option, channelling our victories through ANC structures and bringing non-AbM shack dwellers into positions of leadership in the local party structures. However like all other councillors Mtshali is remoted from above and is only an instrument for implementing top down decisions by the party and municipal structures. He does not engage people democratically. In fact it is impossible to even arrange a meeting with him. He has failed the people of Ward 23 and in particular he has failed the poor of Ward 23. Even though he was poor himself a few years ago he is now a councillor and so, as with all councillors, we are not worthy of respect in his eyes because we are poor.

Mike Sutcliffe Bans another Abahlali baseMjondolo March

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Abahlali baseMjondolo Press Statement
11 March 2010

Mike Sutcliffe Bans another Abahlali baseMjondolo March

The notorious Mike Sutcliffe has banned another Abahlali baseMjondolo march. We have, as always, scrupulously followed the laws that govern protest and we have informed the City in good time that we intend to march on Jacob Zuma on 22 March 2010. Yesterday the march convenor, Troy Morrow from the Hillary AbM branch, was verbally informed that permission to march has been denied. The excuse that has been given this time is that the City does not have enough police officers to be able to ensure security at our march.

Letters from Jane Duncan on the Unlawful Banning of an AbM Protest by the Sydenham SAPS

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To: Captain Govender
Metro Police Special Events
eThekwini Municipality
Fax: 0313044353

6 December 2012

Dear Captain Govender,

Re: Attempt to prohibit Abahlali base Mjondolo march on Councillor Themba Mtshali’s offices

I am writing in connection with an attempt by the South African Police Service (SAPS) from the Sydenham police station to prohibit a march proposed by the Ward 23 community in Clare Estate, which includes the Palmiet branch of Abahali base Mjondolo, on the offices of Ward 23 Councillor Themba Mtshali. The march was meant to take place on Friday 7 December 2012. The convenors provided adequate notice for the march.

Letter from the Socio-Economic Rights Institute on the Unlawful Banning of an AbM Protest by the Sydenham SAPS

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Mr Sibusiso Sithole
City Manager, eThekwini Municipality
Per fax: 031 311 2170
Per email: dovec@durban.gov.za

Colonel de Villiers
Station Commander, Sydenham SAPS
Per email: SYDENHAM-SAPS@saps.gov.za

RE: PROHIBITION OF PALMIET ABAHLALI BASEMJONDOLO BRANCH MARCH

Dear Sir and Madam

The Socio-Economic Rights Institute of South Africa (SERI) is a non-profit organisation providing socio-economic rights assistance to individuals, communities and social movements in South Africa. Our thematic areas are: housing and evictions; access to basic services; and political space. The SERI Law Clinic acts as lawyers for Abahlali baseMjondolo (Abahlali) in a number of cases.

SACSIS: The Struggle for Street Politics

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http://www.sacsis.org.za/site/article/1203

The Struggle for Street Politics

Jane Duncan

Public demonstrations have been central to South Africa’s democratic life for decades. Yet recent events suggest a narrowing of the substance of the right to assemble, demonstrate and picket, and a de-legitimisation of street politics.

In this regard, the City of Cape Town’s near hysterical overreaction to attempts to occupy Rondebosch Common is cause for concern. Last week’s Constitutional Court case about whether the South African Transport and Allied Workers’ Union should be held responsible for violence they could not have foreseen in one of their marches, and the chilling effect on freedom of assembly if they are, also raises important questions about whether the state respects the space for street politics as a legitimate form of politics.

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