“Everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions.” – Section 17 of the South African Bill of Rights
If you’re not being listened to after you’ve reported and escalated an issue, organising a peaceful protest can be an effective way to get your municipality to pay attention to demands for better service delivery and other local issues.
It's key to know your rights and responsibilities related to protests. Being informed can keep everyone safe, make sure your message is heard loud and clear without unnecessary conflict or legal trouble.
This is part one of a two-part fixlocal series on protests. Read part two, Protest Day Safety here. Also check out this fixlocal feature on how peaceful protests helped reopen the Johannesburg City Library.
Define a strategy for your protest
If you have decided that a protest is the right method to escalate local issues, it's time to develop a good strategy. Meet with your neighbours or other active citizens to figure out things like protest messaging, intended audience, the highest impact location, and the method you will use (for example, a march or a sit-in). Figure out if the protest is targeted at elected representatives, municipal officials, or aimed at the general public.
Timing is important for protests. For example, you can have a higher impact if you line your protest up with events like a full council meeting, a mayoral address or public holidays like Human Rights Day.
Make sure organisers are aligned on exactly what you are demanding or highlighting. A protest with a focused message, or a few key demands, will be easier to communicate about, for the media to report accurately, and for authorities to understand and respond to. A clear set of demands can also be more easily followed up on, and means you’re more likely to succeed.
Give your municipality notice
If you are planning a protest, in almost all cases, you do not need to ask for permission, but you must inform your municipality with a written notice if your protest is above a certain size.
If your protest is 15 or fewer people, you do not need to give notice, but if your protest is 16 people or more, you should give at least 7 days’ notice before your protest. If that timeline isn’t possible, the minimum notice you can give is 48 hours before the event. If you plan a protest, but you do not give notice, this means that it is an illegal gathering, and arrests can be made.
The notice must be in writing and include the following:
The purpose of the protest.
When and where it will happen, including the route you’ll march, and planned activities.
The contact information for the convener (the person organising the protest) and a deputy convener. Sometimes, you will be asked for details of the organisations involved in planning the protest.
Plans related to the protest marshals who will help maintain the safety of the protest and prevent it from becoming violent.
Many municipalities have Notice of Gathering forms that you must fill out, while some will accept handwritten or emailed letters. Some forms are listed online and linked below, but you can also reach out to your councillor or local municipal office to ask what your municipality's requirements are. This guide also has a sample notice form.
The exception: You are also entitled to the right to spontaneous protest. If an unplanned protest starts, it will still be legal for you to participate even if you do not give notice. The leaders of the protest will, however, have to prove that the protest was genuinely unplanned. If a spontaneous protest starts, the police will likely still show up, and they will have to coordinate with protest leaders to make sure that it stays peaceful.
If necessary, get permission
In most public places, you do not need to ask permission to protest. The notice form you submit is not asking for permission, it’s simply informing the municipality. Be careful of municipal officials acting as if you need permission because they are not allowed to interfere with your right to protest.
However, in a limited set of cases, you do need permission. If your protest is within 100 metres of Parliament, the Union Buildings, or a courthouse, you must get approval if you plan to protest on a weekday (protests on a Saturday, Sunday or public holiday do not need permission).
To get permission, contact the magistrate of your district to protest outside court houses, or the Chief Magistrate of Cape Town to protest outside parliament. To protest outside the Union Buildings, you need to get permission from the Director General of the Office of the State President.
In a few unusual circumstances, protests may be prohibited. This can only happen if there is clear evidence that the gathering is likely to cause harm to participants or others that the police cannot prevent, result in significant property damage, or create a major disruption to traffic. Before prohibiting a protest, the municipality must negotiate with protest organisers to try to prevent these risks. Only if these negotiations don’t come up with a solution can the protest be prohibited. This decision can also be challenged in court.
Stand up for your right to protest
If you understand the law well, you can better stop authorities from abusing it. The Regulation of Gatherings Act is the law that outlines protestors' protections and responsibilities.
Some municipal officials might sometimes misinterpret the law and, for example, try to intimidate you out of protesting. In some cases, municipalities like the City of Joburg have charged organisers thousands of rands to protest. The courts have ruled that this is illegal.
If your municipal officials are trying to intimidate you or stop you from protesting, reach out to Right2Protest, a coalition of organisations that provide activists with free legal advice to help them protect their right to protest.
Make a safety plan
It’s essential to think through potential risks at a protest and how to handle them. For example, marshals will help keep the protest accessible and manage crowds. Marshals should be well-informed about protest details and trained in de-escalation methods. Make sure everyone knows what to do in case of emergencies, including who to contact if someone is arrested, injured or if there is police brutality. Save the Right2Protest hotline number so you can reach out to them for legal advice and support: 080 0212 111.
Get the word out there
If your community is already well prepared, it can help your protest be more effective because you’ll reach more people who have a stronger commitment to your cause. Read more about how to get organised on fixlocal. Contact other organisations and groups to get them to support and attend your protest.
It's best to get the news of your protest out many times and in many different ways. You should reach out to the media and prepare a press statement in advance to help amplify the impact of your protest. It is also a good idea to designate media contacts to give clear statements and interviews. Having the media present can also help reduce the risk that police abuse their power at the protest. Social media is a powerful tool to get the word out. Use it and get people to share directly with friends and neighbours.
Amplify your impact with banners and art
Ahead of the protest, organise for volunteers to make posters and banners with legible and direct messages on them. You can also prepare music, chants or a symbolic and attention-grabbing activity that makes your message even clearer. If possible, prepare flyers that protestors can hand out to passersby that can spread awareness beyond the protest itself.
More resources
Toolkit and Guide on Organising a Protest by Right2Protest and Action Takers
Activist Guide on the Right to Protest by the Right2Know Campaign (available in Zulu, Sotho, Afrikaans and English)
The Activist Handbook’s guide to organising a protest
Acknowledgements
Photo: From below on Wikimedia Commons
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