The South African Police Service (SAPS) has approached the high court in KwaZulu-Natal (KZN) to halt planned protests by the group March and March. Police Minister Firoz Cachalia and provincial commissioner Lt-Gen Nhlanhla Mkhwanazi made the application, citing intelligence suggesting a threat to burn down the refugee reception centre on Che Guevara Road in Durban. This follows the killing of a foreign national in the Durban CBD last week, sparking fears of retaliation.
The SAPS application seeks to prevent March and March from engaging in ongoing protests, associated violence, intimidation, arson, damage to property, and blocking access to buildings for at least two weeks. The group’s founder, Jacinta Ngobese-Zuma, her husband Xolani, and other respondents appeared in court for the application. The police argue that they are already “stretched” and, with the local government elections set for November 1, they are unable to control unlawful gatherings and ongoing violence.
Representing the police, advocate Nalini Govender stated that it was not the state’s intention to stifle the constitutional right to protest, but rather to preserve law and order, critical infrastructure, and prevent further violence and attacks. Govender emphasized that the police were unable to control the crowds or arrest armed men because they formed splinter groups and started demonstrations elsewhere.
Judge Peter Olsen of the high court in Durban questioned why the police, mandated to act against illegal activity, were unable to stop men carrying sticks during a march in Durban. Olsen noted that these sticks were considered weapons, which were not allowed in a gathering, and asked why the police did not make arrests. Govender explained that the men formed splinter groups, making it difficult for the police to intervene.
Govender presented photographs showing Ngobese-Zuma with armed men in masks before a protest in Durban last week, establishing a link between the group and the violent protests. Despite efforts by Col Lushaba to negotiate with Ngobese-Zuma, she refused to back down and continued with the marches. The state submitted that there was irrefutable proof of a causal link between Ngobese-Zuma and the armed men.
The court proceedings were adjourned to allow Govender to take further instructions on the state’s final relief. Advocate Sandile Kuboni, acting on behalf of the respondents, agreed with the court that they could not respond to the state’s final relief if it were not specified. The matter will be revisited after Govender obtains further instructions.
The SAPS has expressed concerns about its capacity to manage further protests and violence, particularly with the upcoming local government elections. The police are seeking a temporary order to halt the protests for two weeks, citing the need to maintain law and order.
Key points
- The SAPS has applied to the high court to halt planned protests by March and March due to concerns about violence and public safety.
- The group’s protests have been associated with violence, intimidation, and damage to property, prompting the police to seek a court interdict.
- The court proceedings have been adjourned to allow the state to take further instructions on its final relief.
