Equal Education asks Court for apology for shutting down of peaceful protest
21 November 2018
On 11 July 2017, the police and the KwaZulu-Natal Department of Education (KZN DoE) unlawfully shut down a peaceful protest held by members of Equal Education (EE). Represented by the Equal Education Law Centre (EELC), EE has now asked the Pietermaritzburg High Court for an order that the Constitutional right to protest was violated, and that the KZN Police Commissioner and KZN Education MEC Mthandeni Dlungwane must publicly apologise.
At our gathering that was unlawfully shut down, we intended to screen a film, called the Long Walk to School, outside the Pietermaritzburg office of the KZN DoE. The film highlights the years of struggle of EE members to secure more effective scholar transport provision in the province.
We had in fact complied with all the formalities in the Gatherings Act, and the protest began peacefully. Despite this, we were approached by police officers and the KZN DoE’s head of security, who challenged whether we had “permission” to gather, and eventually ordered EE members to disperse. On questioning this order, we were told that we could approach a court if we were aggrieved, and that if we did not disperse, police officers would be ordered to use teargas on us! The EE members present included Equalisers younger than 18-years-old. Fearing for their safety, a decision was made to halt the screening of the film and to end the gathering.
Shocked and frustrated at this flagrant violation of such a critical democratic right, EE instructed the EELC to write to SAPS and the KZN DoE about what had happened. In the absence of any meaningful response, EE decided to ask the Court for assistance.