Further Education and Training Colleges Act, 2006 (Act 16 of 2006)
R 385
Regulation of Gatherings Act, 1993 (Act No. 205 of 1993)Chapter 16. Reviews and appeals |
| (1) |
| (a) | Whenever a condition is imposed in regard to a gathering in terms of section 4(4)(b) or when a gathering is prohibited in terms of section 5(2), the convener of such gathering may apply to an appropriate magistrate for the setting aside of such prohibition or the setting aside or amendment of such condition, and the magistrate may refuse or grant the application. |
| (b) | Whenever an authorized member in terms of section 4(4)(b) requests that a particular condition be imposed and the request is refused, or whenever information contemplated in section 5(1) is brought to the attention of a responsible officer and the gathering in question is not prohibited, an authorized member may, if instructed thereto by the Commissioner or the district commissioner of the South African Police for the area where the gathering is to be held, apply to an appropriate magistrate to set aside such refusal or to prohibit such gathering, as the case may be, and the magistrate may refuse or grant the application. |
| (2) | The rules made under section 6 of the Rules Board for Courts of Law Act, 1985 (Act No. 107 of 1985), if any, shall apply mutatis mutandis in respect of an application referred to in subsection (1). |
| (3) |
| (a) | An application in terms of subsection (1) (a) or (b) shall be made within 24 hours after the responsible officer has given notice in terms of section 4(5)(a) of the imposition of, or the refusal to impose, the condition in question or the prohibition of, or the refusal to prohibit, the gathering in question, and under no circumstances later. |
| (b) | Such condition shall, subject to any amendment thereof, remain in force until set aside and such prohibition shall remain in force until set aside. |
| (c) | No order as to costs shall be made by a magistrate in respect of an application under subsection (1). |
| (4) | A convener or authorized member referred to in subsection (1)(a) or (b), as the case may be, may by means of an urgent application in accordance with the Uniform Rules of the several Provincial and Local Divisions of the Supreme Court of South Africa, appeal against any order made by a magistrate in terms of the said subsections. |
| (5) | Notwithstanding the provisions of subsections (1), (2) and (4), the convener, authorized member or any person whose rights may be affected by the holding of a gathering or by its prohibition or by any term in a notice or any condition imposed or tailure to impose any condition in relation to a gathering may by means of an urgent application in accordance with the Uniform Rules of the several Provincial and Local Divisions of the Supreme Court of South Africa, apply to an appropriate court for the striking out or amendment of any such term or condition or the imposition of any other condition or for permission to hold, or for a prohibition of, the gathering, and the court may strike out or amend any such term or condition or impose any other condition or grant such permission or prohibit the gathering, as it deems fit. |
| (6) |
| (a) | If a responsible officer or the Minister, or a court on application in terms of the common law, has prohibited a gathering at any place, or if a magistrate or court has upheld the prohibition,of a gathering at any place or in the case of a demonstration or gathering contemplated in section 7(1), the authorized member concerned shall cause access to such place or any area adjacent thereto, to be barred, and such place or area shall be kept closed or inaccessible to the public, for such time as may be necessary to prevent the gathering from taking place. |
| (b) | The authorized member shall, at the entrance to or in the vicinity of the place or area in question or in a manner described in section 4(5) (a), give notice that that place or area is so closed or inaccessible to members of the public. |
| (c) | The police may take such steps to uphold the prohibition as are in the circumstances reasonable and appropriate, including the steps contemplated in section 9(2) (a) (i) and (ii) and, subject to paragraphs (c) and (e) of section 9(2), the steps contemplated in paragraphs (b) and (d) of section 9(2). |
