| (1) |
If a responsible officer receives notice in terms of section 3(2), or other information regarding a proposed gathering comes to his attention, he shall forthwith consult with the authorized member regarding the necessity for negotiations on any aspect of the conduct of, or any condition with regard to, the proposed gathering. |
| (a) |
If, after such consultation, the responsible officer is of the opinion that negotiations are not necessary and that the gathering may take place as specified in the notice or with such amendment of the contents of the notice as may have been agreed upon by him and the convener, he shall notify the convener accordingly. |
| (b) |
If, after such consultation, the responsible officer is of the opinion that negotiations are necessary, he shall forthwith call a meeting between himself and— |
| (ii) |
the authorized member; |
| (iii) |
any other responsible officers concerned, if any; and |
| (iv) |
representatives of such other public bodies, including local authorities, police community consultative forums and peace committees, as in the opinion of such responsible officer or officers ought to be present at such meeting, |
in order to discuss any amendment of the contents of the notice and such conditions regarding the conduct of the gathering as he may deem necessary.
| (c) |
At the meeting contemplated in paragraph (b) discussions shall be held on the contents of the notice, amendments thereof or additions thereto and the conditions, if any, to be imposed in respect of the holding of the gathering so as to meet the objects of this Act. |
| (d) |
The responsible officer shall endeavour to ensure that such discussions take place in good faith. |
| (3) |
If a convener has been notified in terms of subsection (2)(a) or has not, within 24 hours after giving notice in terms of section 3(2), been called to a meeting in terms of subsection (2)(b) of this section, the gathering may take place in accordance with the contents of the notice and in accordance with the provisions of section 8, but subject to the provisions of sections 5 and 6. |
| (a) |
If agreement is reached at the meeting contemplated in subsection (2) (b) the gathering may take place in accordance with the contents of the notice, including amendments, if any, to such contents, on which agreement was reached at the meeting, but subject to the provisions of sections 5 and 6. |
| (b) |
If at a meeting contemplated in subsection (2)(b) agreement is not reached on the contents of the notice or the conditions regarding the conduct of the gathering, the responsible officer may, if there are reasonable grounds therefor, of his own accord or at the request of an authorized member impose conditions with regard to the holding of the gathering to ensure— |
| (i) |
that vehicular or pedestrian traffic, especially during traffic rush hours, is least impeded; or |
| (ii) |
an appropriate distance between participants in the gathering and rival gatherings; or |
| (iii) |
access to property and workplaces; or |
| (iv) |
the prevention of injury to persons or damage to property. |
| (c) |
A responsible officer who imposes any condition or refuses a request in terms of paragraph (b) shall give written reasons therefor. |
| (a) |
The responsible officer shall ensure as soon as possible that a written copy of the notice, including any amendment thereof and any condition imposed and the reasons therefor, is handed to the convener and the authorized member who, and to every party which, attended the meeting referred to in subsection (2)(b): Provided that if the identity or whereabouts of the convener is unknown, or if in view of the urgency of the case it is not practicable to deliver or tender the said written notice and reasons to him, the notice shall forthwith, notwithstanding any provision to the contrary in any other law contained, be published in one or more of the following manners: |
| (i) |
In a newspaper circulating where the gathering is to be held; or |
| (ii) |
by means of the radio or television; or |
| (iii) |
by the distribution thereof among the public and the affixing thereof in public or prominent places where the gathering is to be held; or |
| (iv) |
by the announcement thereof orally where the gathering is to be held; or |
| (v) |
by affixing it in a prominent place at the address of the convener specified in the notice. |
| (b) |
The convener and the authorized member shall, respectively, ensure that every marshal and every member of the Police at the gathering know the contents of the notice, including any amendment or condition, if any. |
| (a) |
If a gathering is postponed or delayed, the convener shall forthwith notify the responsible officer thereof and the responsible officer may call a meeting as contemplated in subsection (2) (b), and thereupon the provisions of subsections (2)(c) and (d), (3), (4) and (5) shall apply, mutatis mutandis, to the gathering in question. |
| (b) |
If a gathering is cancelled or called off, the convener shall forthwith notify the responsible officer thereof and the notice given in terms of section 3 shall lapse. |
| (7) |
If a responsible officer is notified as contemplated in subsection (6)( a) or (b), he shall forthwith notify the authorized member accordingly. |
Statistics Act, 1999
