Special Investigating Units and Special Tribunals Act, 1996
R 385
Regulation of Gatherings Act, 1993 (Act No. 205 of 1993)Chapter 38. Conduct of gatherings and demonstrations |
The following provisions shall apply to the conduct of gatherings and, where so indicated, to the conduct of demonstrations:
| (1) | The convener shall appoint the number of marshals mentioned in the notice or, if it was amended in terms of section 4, in the amended notice, to control the participants in the gathering, and to take the necessary steps to ensure that the gathering at all times proceeds peacefully and that the provisions of this section and the applicable notice and conditions, if any, are complied with, and such marshals shall be clearly distinguishable. |
| (2) | The convener shall take all reasonable steps to ensure that all marshals of the gathering and participants in the gathering or demonstration, as the case may be, are informed timeously and properly of the conditions to which the holding of the gathering or demonstration is subject. |
| (3) | The gathering shall proceed and take place at the locality or on the route and in the manner and during the times specified in the notice or, if it was amended, in the amended notice, and in accordance with the contents of such notice and the conditions, if any, imposed under section 4(4) (b) , 6(1) or 6(5). |
| (4) | No participant at a gathering or demonstration may have in his or her possession— |
| (a) | any airgun, firearm, imitation firearm or any muzzle loading firearm, as defined in section 1 of the Firearms Control Act, 2000 (Act No. 60 of 2000), or any object which resembles a firearm and that is likely to be mistaken for a firearm; or |
| (b) | any dangerous weapon, as defined in the Dangerous Weapons Act, 2013 and the convener and marshals, if any, shall take all reasonable steps to ensure that this section is complied with. |
[Subsection 4 substituted by section 5 of Act No. 15 of 2013]
| (5) | No person present at or participating in a gathering or demonstration shall by way of a banner, placard, speech or singing or in any other manner incite hatred of other persons or any group of other persons on account of differences in culture, race, sex, language or religion. |
| (6) | No person present at or participating in a gathering or demonstration shall perform any act or utter any words which are calculated or likely to cause or encourage violence against any person or group of persons. |
| (7) | No person shall at any gathering or demonstration wear a disguise or mask or any other apparel or item which obscures his facial features and prevents his identification. |
| (8) | No person shall at any gathering or demonstration wear any form of apparel that resembles any of the uniforms worn by members of the security forces, including the Police and the South African Defence Force. |
| (9) | The marshals at a gathering shall take all reasonable steps to ensure that— |
| (i) | no entrance to any building or premises is so barred by participants that reasonable access to the said building or premises is denied to any person; |
| (ii) | no entrance to a building or premises in or on which is situated any hospital, fire or ambulance station or any other emergency services, is barred by the participants. |
| (10) | No person shall, in any manner whatsoever, either before or during a gathering or demonstration, compel or attempt to compel any person to attend, join or participate in the gathering or demonstration, and the convener and marshals, if any, shall take all reasonable steps to prevent any person from being so compelled. |
