Once you have planned your protest, your municipality has been provided with notice, and your community is informed and organised, it’s time to get out on the streets to make your voice heard.

This guide, part two of fixlocal’s protest guides, focuses on how to keep a protest peaceful on the day and reduce risks, including dealing with the police and emergencies. **** 

Keep your protest peaceful

The convenor, or main organiser of a protest, must do their best to make sure that the protest goes as planned and that there is no violence, vandalism, intimidation or riot damage. The convenor can be held legally responsible if things go wrong. 

1. Prepare protest marshals. Marshals are people who help keep the protest peaceful by guiding the crowd along the agreed route, de-escalating tensions, and helping ensure accessibility and safety. They must take steps to make sure that entrances to buildings, remain open. If the protest is bigger, you’ll need more marshals. Marshals must be distinguishable from the crowd, for example, by wearing high-visibility vests or bright arm bands. It's a good idea to set up a WhatsApp group or other communication channel for marshals and organisers so everyone knows what's going on during the protest.

2. It is illegal for anyone to carry or use weapons while protesting. This includes imitation firearms and objects like knives and knobkerries. The marshals and protest organisers need to make sure that no protestors are carrying weapons.

3. Protestors should not destroy or damage property. If any property is damaged, the organisation or convenor of the protest may be held responsible.

4. Protestors may not incite violence or engage in hate speech. This includes what you say, and what is written on banners and placards. When the protest starts, organisers and marshals must inform participants of this and all other safety rules.

Know what the police can and can’t do

The police have a responsibility to both protect people participating in the protest and others involved or nearby. But sometimes the police use violence and threats against peaceful protestors. Knowing the role of the police can help you keep them accountable.

1. Police must be defensive, not offensive. The police are allowed to take defensive measures to reduce traffic disruption and prevent injuries and damage to property during protests. Police may put up barriers, stop protestors from deviating from the agreed route, or form a line between protesters and counter-protesters to prevent clashes. Offensive measures like intimidating protesters or using unnecessary force are not allowed.

2.  Force has to be a tool of absolute last resort. The police must at all costs avoid using force, including rubber bullets and stun grenades. Live ammunition should never be used in crowd management. 

3. Police must give two warnings before using minimum force. Only if there is a reasonable threat of protests becoming violent or property being damaged, the police must issue two warnings in two official languages. They must also give protestors a reasonable amount of time to disperse. If protestors still do not leave, only then can they use minimum force to attempt to disperse the protest.  

4. Police are not allowed to obscure their name badges. If police start to use force unfairly against protestors, video recording them and noting their names will help you open a case against the police if necessary.

Be prepared in case of arrests

Attending or participating in a lawful, peaceful protest is not a crime. Police cannot arrest you simply for being there. The police only have legal grounds to make arrests if: 

• You commit an offence during the protest (e.g. assault or vandalism).

• The protest threatens to turn violent, and police issue two warnings to disperse, which are ignored.

• The protest did not follow the legal notification process. Organisers should always bring proof that they gave notice for the protest and be able to show it to the police.

It's an important precaution to have contact information for lawyers or legal support ready and keep a list of people who should be notified if someone is arrested. Make sure that everyone knows that if you are arrested, you must be informed of the reason for arrest, have the right to remain silent, and the right to a lawyer. You must also be brought before a court within 48 hours.

Make a plan for emergencies

Make a plan to deal with potential police brutality or any other incident of violence by saving ambulance numbers, carrying a first aid kit and being ready to record police officers’ names and any abuses of power. Make sure that everyone in the protest knows what the safety plan is. 

If police use excessive force, make arrests, or harm you or someone else at a protest, you should reach out to the Right2Protest toll-free hotline 0800 212 11 for help. 

Acknowledgements

Dyltong on Wikimedia Commons 

Some material adapted from the Toolkit and Guide on Organising a Protest by Right2Protest and Action Takers.