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Public
Order and Security Act
January 22, 2002
Contents
PART
IV
Public
Gatherings
23. Interpretation
in Part IV.
24. Organiser
to notify regulating authority of intention to hold public gathering.
25. Regulation
of public gatherings.
26. Prohibition
of public gatherings to avoid public disorder.
27. Temporary
prohibition of holding of public demonstrations within particular police
districts.
28. Civil
liability in certain circumstances of organiser of public gathering.
29. Dispersal
of unlawful public gatherings.
30. Prohibition
of offensive weapons at public gatherings.
31. Disrupting
public gatherings.
23 Interpretation
in Part IV TOP
In this Part—
"organiser",
in relation to a public gathering, means every person who or organisation
or association which executes or assists in executing the arrangements
for or promotes the holding of the public gathering.
24 Organiser
to notify regulating authority of intention to hold public gathering TOP
(1) Subject to
subsection (5), the organiser of a public gathering shall give at
least seven four
clear days’ written
notice of the holding of the gathering to the regulating authority for
the area in which the gathering is to be held:
Provided that the
regulating authority may, in his discretion, permit shorter notice to
be given.
(2) For the avoidance
of doubt, it is declared that the purpose of the notice required by subsection (1)
is—
(a) to afford
the regulating authority a reasonable opportunity of anticipating or
preventing any public disorder or a breach of the peace; and
(b) to facilitate
co-operation between the Police Force and the organiser of the gathering
concerned; and
(c) to ensure
that the gathering concerned does not unduly interfere with the rights
of others or lead to an obstruction of traffic, a breach of the peace
or public disorder.
(3) Any Saturday,
Sunday or public holiday falling within the seven four-day
period of notice
referred to in subsection (1) shall be counted as part of the period.
(4) Where there
are two or more organisers of a public gathering, the giving of notice
by any one of them in terms of subsection (1) shall be a discharge
of the duty imposed upon the other or others by that subsection.
(5) This section
shall not apply to public gatherings of a class described in the Schedule.
(6) Any organiser
of a public gathering who fails to notify the regulating authority for
the area of the gathering in accordance with subsection (1) shall be guilty
of an offence and liable to a fine not exceeding level five1
or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment.
25 Regulation
of public gatherings TOP
(1) If a regulating
authority, having regard to all the circumstances in which a public gathering
is taking or is likely to take place, has reasonable grounds for believing
that the public gathering will occasion—
(a) public disorder;
or
(b) a breach
of the peace; or
(c) an obstruction
of any thoroughfare;
he may, subject to
this section, give such directions as appear to him to be reasonably necessary
for the preservation of public order and the public peace and preventing
or minimising any obstruction of traffic along any thoroughfare.
(2) Without derogation
from the generality of subsection (1), directions under that subsection
may provide for any of the following matters—
(a) prescribing
the time at which the public gathering may commence and its maximum
duration;
(b) prohibiting
persons taking part in the public gathering from entering any public
place specified in the directions;
(c) precautions
to be taken to avoid the obstruction of traffic along any thoroughfare;
(d) prescribing
the route to be taken by any procession;
(e) requiring
the organiser to appoint marshals to assist in the maintenance of order
at the public gathering.
(3) Whenever it
is practicable to do so, before issuing a direction under subsection (1)
a regulating authority shall give the organiser of the public gathering
concerned a reasonable opportunity to make representations in the matter.
(4) A direction
given under subsection (1) shall have effect immediately it is issued
and may be published—
(a) in a newspaper
circulating in the area to which the direction applies; or
(b) by notices
distributed among the public or affixed upon public buildings in the
area to which the direction applies; or
(c) by announcement
of a police officer broadcast or made orally.
Provided that, where
practicable, the regulating authority shall ensure that the direction
is reduced to writing and served on the organiser of the public gathering
to which it relates.
(5) Any person
who is aggrieved by a direction issued under subsection (1) may appeal
against it to the Minister, and the Minister may confirm, vary or set
aside the direction or give such order or direction in the matter as he
thinks just.
(6) An appeal in
terms of subsection (5) shall be dealt with as quickly as possible.
(7) The noting
of an appeal in terms of this subsection shall not have the effect of
suspending the direction appealed against.
(8) A police officer
may order the persons taking part in any public gathering to disperse
if—
(a) any direction
given under subsection (1) in relation to that gathering has been
violated; or
(b) the police
officer has reasonable grounds for believing that public order is likely
to be endangered if the gathering continues.
(9) Any person
who fails to comply with an order given under subsection (8) shall be
guilty of an offence and liable to a fine not exceeding level five2
or to imprisonment for a period not exceeding six months or to both such
fine and such imprisonment.
26 Prohibition
of public gatherings to avoid public disorder TOP
(1) Without derogation
from section 25, if a regulating authority believes on reasonable
grounds that a public gathering will occasion public disorder, he may
by notice in terms of subsection (3) prohibit the public gathering.
(2) Whenever it
is practicable to do so, before acting in terms of subsection (1),
a regulating authority shall afford the organiser of the public gathering
concerned a reasonable opportunity to make representations in the matter.
(3) A notice given
under subsection (1) shall have effect immediately it is issued and
shall be published—
(a) in a newspaper
circulating in the area to which the direction applies; or
(b) by notices
distributed among the public or affixed upon public buildings in the
area to which the direction applies; or
(c) by announcement
of a police officer that is broadcast or made orally:
Provided that, where
practicable, the regulating authority shall ensure that the notice is
reduced to writing and served on the organiser of the public gathering
to which it relates.
(4) Any person
who is aggrieved by a notice given under subsection (1) may appeal
against it to the Minister, and the Minister may confirm, vary or set
aside the notice or give such other order in the matter as he thinks just:
Provided that the
noting of an appeal in terms of this subsection shall not have the effect
of suspending any notice appealed against.
(5) Any person
who knowingly opposes or fails to comply with a notice given under subsection
(1) shall be guilty of an offence and liable to a fine not exceeding level
five3 or to imprisonment for a
period not exceeding six months or to both such fine and such imprisonment.
27 Temporary
prohibition of holding of public demonstrations within particular police
districts TOP
(1) If a regulating
authority for any area believes on reasonable grounds that the powers
conferred by sections 25 and 26 will not be sufficient to prevent
public disorder being occasioned by the holding of public demonstrations
or any class thereof in the area or any part thereof, he may issue an
order prohibiting, for a specified period not exceeding three months,
the holding of all public demonstrations or any class of public demonstrations
in the area or part thereof concerned.
(2) Whenever it
is practicable to do so, before acting in terms of subsection (1),
a regulating authority shall—
(a) cause notice
of the proposed order to be published in the Gazette and in a
newspaper circulating in the area concerned and to be given to any person
whom the regulating authority believes is likely to organise a public
demonstration that will be prohibited by the proposed order; and
(b) afford all
interested persons a reasonable opportunity to make representations
in the matter.
(3) The regulating
authority for the area in respect of which an order has been made under
subsection (1) shall ensure that the order and any revocation thereof
is published—
(a) in the Gazette;
and
(b) in a newspaper
circulating in the area; and
(c) in such other
manner as, in his opinion, will ensure that the order or its amendment
or revocation, as the case may be, is brought to the attention of persons
affected by it.
(4) Any person
who is aggrieved by an order given under subsection (1) may appeal
against it to the Minister, and the Minister may confirm, vary or set
aside the order or give such other order in the matter as he thinks just:
Provided that the
noting of an appeal in terms of this subsection shall not have the effect
of suspending any order appealed against.
(5) Any person
who organises or assists in organising or takes part in or attends any
public demonstration held in contravention of an order under subsection
(1) shall be guilty of an offence and liable to a fine not exceeding level
six4 or to imprisonment for a
period not exceeding one year or to both such fine and such imprisonment.
28 Civil
liability in certain circumstances of organiser of public gathering TOP
(1) If the organiser
of a public gathering—
(a) has not given
notice of the holding of the gathering in terms of subsection (1)
of section 24, or
(b) fails or
refuses to comply to the best of his ability with any direction, notice
or order given in terms of section 25, 26 or 27; or
(c) incites or
encourages persons taking part in the gathering to engage in conduct
which amounts to or could reasonably be expected to lead to public disorder
or a breach of the peace;
he shall be liable,
at the suit of any injured party, for any loss of or damage to property
and any injury to or death of a person occasioned by any public disorder
or breach of the peace caused by or arising out of or occurring at the
gathering.
(2) Where there
is more than one organiser of a public gathering, their liability under
that section shall be joint and several.
(3) In any proceedings
in which it is alleged that an organiser of a public gathering is liable
in terms of subsection (1) for any loss, damage, injury or death,
the organiser shall bear the onus of proving on a balance of probabilities—
(a) that he gave
notice of the holding of the gathering in terms of section 24;
(b) that he complied
to the best of his ability with any direction or order that is proved
to have been made in relation to the gathering.
(4) This section
shall be construed as adding to, and not as derogating from, any other
law under which an organiser of a public gathering or any other person
may be liable for any loss, damage, injury or death caused by or arising
out of or occurring at such a gathering.
(5) Subject to
Part XIX of the Criminal Procedure and Evidence Act [Chapter 9:07],
a court which has convicted a person of any offence in terms of section 24,
25, 26 or 27 that involves any loss, damage, injury or death for which
that person is liable in terms of this section shall forthwith award compensation
to any person who has suffered personal injury or whose right or interest
in property of any description has been lost or diminished as a direct
result of the offence.
29 Dispersal
of unlawful public gatherings TOP
(1) A police officer
and any person assisting him may do all things reasonably necessary for—
(a) dispersing
the persons present at a public gathering the holding or continuance
of which is unlawful by virtue of any direction or order under section 25,
26 or 27; and
(b) apprehending
any such persons;
and, if any such person
makes resistance, the police officer or the person assisting him may use
such force as is reasonably justifiable in the circumstances of the case
for overcoming any such resistance.
(2) If a person
is killed as a result of the use of reasonably justifiable force in terms
of subsection (1), where the force is directed at overcoming that
person’s resistance to a lawful measure taken in terms of that subsection,
the killing shall be lawful.
30 Prohibition
of offensive weapons at public gatherings TOP
(1) In this section—
"offensive
weapon" means—
(a) any weaponry;
or
(b) any object
made or adapted to be used for causing injury to the person; or
(c) any stone.
(2) Any person
who, while present at a public gathering, has with him any offensive weapon,
otherwise than in pursuance of lawful authority, shall be guilty of an
offence and liable to a fine not exceeding level ten5
or to imprisonment for a period not exceeding five years or to both such
fine and such imprisonment.
(3) For the purposes
of subsection (2), a person shall be deemed to be acting in pursuance
of lawful authority only if he is acting in his capacity as a police officer,
a member of the Defence Forces or an employee of the State or a local
authority.
31 Disrupting
public gatherings TOP
Any person who, at
a public gathering—
(a) engages in
disorderly or riotous conduct; or
(b) uses threatening,
abusive or insulting words; or
(c) behaves in
a threatening, abusive or insulting manner;
intending to prevent
the transaction of the business for which the gathering was called together,
or realising that there is a risk or possibility that the transaction
of business may be prevented, shall be guilty of an offence and liable
to a fine not exceeding level seven6
or to imprisonment for a period not exceeding two years or to both such
fine and such imprisonment.
1 Before 3rd February,
2006, this was $10 000 dollars.
2 Before 3rd February, 2006, this was $10 000 dollars.
3 Before 3rd February, 2006, this was $10 000 dollars.
4 Before 3rd February, 2006, this was $5 000 dollars.
5 Before 3rd February, 2006, this was $100 000 dollars.
6 Before 3rd February, 2006, this was $50 000 dollars.
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