Open letter from the Executive Mayor, Alderman Patricia de Lille, to the Chairperson of the African National Congress Youth League's Dullah Omar region, Mr Khaya Yozi, following the ANCYL's violation of march stipulations
In the interest of the democratic values that we have all fought for over so many years, I am writing this open letter to you and the African National Congress Youth League (ANCYL). A copy of this letter will also be released to members of the media.
The ANCYL applied for permission to stage a march to the Provincial Legislature building in Wale Street on Monday August 28, 2012.
The City and the South African Police Services (SAPS), in terms of the regulations and processes determined by the Gatherings Act approved the application to march to the Provincial Legislature, in order to hand over a memorandum to the Office of the Premier. Permission was granted, subject to a set of conditions and legal requirements that were communicated to the organisers of this march.
The ANCYL failed to meet a number of the conditions stipulated in terms of the Gatherings Act. These conditions were laid down in order to ensure public safety and a safe route for the march.
Your organization failed in to adhere to the following requirements:
Marchers gathered at the wrong venue - the stipulations set by the SAPS and the City of Cape Town, were that the participants should assemble at Keizergracht from 10:00 on Monday morning. The march was to commence from Keizergracht along Darling Street, left into Adderley Street, and then to the Provincial buildings in Wale Street. However, part of the group (an estimated 3000 people) incorrectly gathered at Salt River Station.
Marchers gathered and started at a later time - the stipulations set by the SAPS and the City of Cape Town were that participants should assemble at 10:00, for the march to commence at 11:00. But an additional 2000 individuals joined the group just after 12:00, and were consolidated into one group by the SAPS before proceeding. In addition the procession did not adhere to the time-frames stipulated in the application and delayed the start of the procession.
Marchers did not disperse by the stipulated time of 13:00 - this lengthened the march's impact on the CBD.
Marchers blocked access to and from the Provincial Legislature - this could have impacted on the safety of the staff in the building.
Marchers did not adhere to the requirement that they follow the same route back after the memorandum handover - this requirement was put in place to ensure that there was minimal disruption to traffic and business in the CBD.
I am deeply disappointed by your organisation's flagrant disregard of the stipulations set out in the march approval.
The City respects the rights of all residents to demonstrate, in a peaceful and legal manner. The rules set down by the Gatherings Act protect the interest of all residents, and a failure to follow these rules must - and will - lead to consequences.
The essence of a democracy is an unconditional respect for the rule of law. No one is above the law, and anyone who flouts the law must face the consequences.
To this end, I have been informed that the SAPS have laid a charge of non-adherence to the march conditions against your organisation at the Woodstock Police Station.
The behaviour of your organisation during Monday's march has been well documented by members of the media and by law enforcement teams. This information will be brought to the attention of the presiding officers who independently consider all applications for marches in terms of the Gatherings Act, and it will no doubt be carefully considered should your organisation apply in the future to march in the City of Cape Town.
Issued by the City of Cape Town, August 28 2012
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