Free State CHWs to appeal shocking judgment
BLOEMFONTEIN, 1st OCTOBER 2015: The 94 community healthcare workers (Bophelo House 94) arrested during a peaceful night vigil in July 2014 were today found guilty of attending a gathering for which no notice was given, in the Bloemfontein Magistrate’s Court. As part of her judgment Magistrate Thafeni ruled that the gathering for which no notification was given to police was – in her view – a “prohibited” gathering.
The far-reaching implication of Magistrate Thafeni’s ruling is that any gathering of more than 15 people in South Africa without notification to the police must be considered a “prohibited” gathering and is therefore unlawful. Any person taking part in such a gathering should be arrested and charged with a crime carrying a sentence of up to one year imprisonment and a fine.
“This judgment essentially declares any gathering of people or protest to be unlawful,” says Anele Yawa, General Secretary of the Treatment Action Campaign. ”It makes a mockery of our Constitutionally guaranteed right to peaceful protest. It is a judgment that you would expect in a police state, not a Constitutional democracy.”
Lawyers for the Bophelo House 94 will appeal the judgment and are confident it will be overturned.
The defence argued this week that the vigil was not a prohibited gathering as defined in the Gatherings Act. According to the Gatherings Act, a gathering can only be prohibited in very specific, and severe, circumstances, which are set out explicitly in the Act, and through a certain process, also set out in the Act. In this instance, it is indisputable that the circumstances in which a gathering may be prohibited did not exist and the relevant procedure was not followed.