SAPS confirms they will be able to contain any threat arising from EFF protest in Brackenfell
19 November 2020
The City of Cape Town this morning convened an urgent meeting with the South African Police Services (SAPS) and other law enforcement authorities in terms of Section 5 of the Regulation of Gatherings Act. The meeting was convened pursuant to the receipt of a sworn affidavit from education authorities expressing concerns of violence and intimidation related to the EFF’s planned protest in Brackenfell on Friday.
The South African Police Services (SAPS), having considered the Western Cape Education Department’s (WCED) submission, have confirmed that police will be able to contain any threat arising from the EFF protest.
Given this confirmation by SAPS that any and all threats can be contained, the law provides no legal basis for the march to be prohibited. However, should any condition be breached by the EFF, inclusive of COVID-19 lockdown regulations, the SAPS is required to act, which may include possible criminal sanction.
The Western Cape High Court recently refused to grant an urgent interdict against the protest, with Judge Siraj Desai accepting the EFF's undertaking that there will be no violence or disruption.