| (1) |
If a gathering or demonstration is to take place, whether or not in compliance with the provisions of this Act, a member of, the Police— |
| (a) |
may, if he has reasonable grounds to believe that the Police will not be , able to provide adequate protection for the people participating in such a gathering or demonstration, notify the convener and such people accordingly; |
| (b) |
may prevent people participating in a gathering from proceeding to a different place or deviating from the route specified in the relevant notice or any amendment thereof or from disobeying any condition to which the holding of the gathering is subject in terms of this Act; |
| (c) |
may, in the case of a responsible officer not receiving a notice in terms of section 3(2) more than 48 hours before the gathering, restrict the gathering to a place, or guide the participants along a route, 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; |
| (d) |
may order any person or group of persons interfering or attempting to interfere with a gathering or demonstration to cease such conduct and to remain at a distance from such gathering or demonstration specified by him; |
| (e) |
may, when an incident, whether or not it results from the gathering or demonstration, causes or may cause persons to gather at any public place, by notice in a manner contemplated in section 4(5)(a) specify an area considered by him to be necessary for— |
| (i) |
the movement and operation of emergency personnel and vehicles; or |
| (ii) |
the passage of a gathering or demonstration; or |
| (iii) |
the movement of traffic; or |
| (iv) |
the exclusion of the public from the vicinity; or |
| (v) |
the protection of property; |
| (f) |
shall take such steps, including negotiations with the relevant persons, as are in the circumstances reasonable and appropriate to protect persons and property, whether or not they are participating in the gathering or demonstration. |
| (a) |
In the circumstances contemplated in section 6(6) or if a member of the Police of or above the rank of warrant officer has reasonable grounds to believe that danger to persons and property, as a result of the gathering or demonstration, cannot be averted by the steps referred to in subsection (1) if the gathering or demonstration proceeds, the Police or such member, as the case may be, may and only then, take the following steps: |
| (i) |
Call upon the persons participating in the gathering or demonstration to disperse, and for that purpose he shall endeavour to obtain the attention of those persons by such lawful means as he deems most suitable, and then, |
| (ii) |
in a loud voice order them in at least two of the official languages and, if possible, in a language understood by the majority of the persons present, to disperse and to depart from the place of the gathering or demonstration within a time specified by him, which shall be reasonable. |
| (b) |
If within the time so specified the persons gathered have not so dispersed or have made no preparations to disperse, such a member of the Police may order the members of the Police under his command to disperse the persons concerned and may for that purpose order the use of force, excluding the use of weapons likely to cause serious bodily injury or death. |
| (c) |
The degree of force which may be so used shall not be greater than is necessary for dispersing the persons gathered and shall be proportionate to the circumstances of the case and the object to be attained. |
| (d) |
If any person who participates in a gathering or demonstration or any person who hinders, obstructs or interferes with persons who participate in a gathering or demonstration— |
| (i) |
kills or seriously injures, or attempts to kill or seriously injure, or shows a manifest intention of killing or seriously,injuring, any person; or |
| (ii) |
destroys or does serious damage to, or attempts to destroy or to do serious damage to, or shows a manifest intention of destroying or doing serious damage to, any immovable property or movable property considered to be valuable, |
such a member of the Police of or above the rank of warrant officer may order the members of the Police under his command to take the necessary steps to prevent the action contemplated in subparagraphs (i) and (ii) and may for that purpose, if he finds other methods to be ineffective or inappropriate, order the use of force, including the use of firearms and other weapons.
| (e) |
The degree of force which may be so used shall not be greater than is necessary for the prevention of the actions contemplated in subparagraphs (d)(i) and (ii), and the force shall be moderated and be proportionate to the circumstances of the case and the object to be attained. |
| (3) |
No common law principles regarding self-defence, necessity and protection of property shall be affected by the provisions of this Act. |
Older Persons Act, 2006
