Constitutional Law
Right to Assembly and Protest
Section 17 of the Constitution gives everyone the right to peacefully and unarmed assemble, demonstrate, picket, and present petitions. Permit requirements must be proportionate.
Legal Definition
Section 17: everyone has the right, peacefully and unarmed, to assemble, demonstrate, picket, and present petitions. The Regulation of Gatherings Act 205 of 1993 requires organisers to give three days' notice (not a permit) to the responsible officer and police. Police can only disperse gatherings that are not peaceful.
📖 Constitutional / Statutory Basis: Section 17, Constitution of the Republic of South Africa, 1996; Regulation of Gatherings Act 205 of 1993
Practical Example
Workers plan a picket outside their employer's premises. They notify the police and the responsible officer 72 hours in advance. The employer tries to get an interdict. A court weighs the s17 right and legitimate interests.
Frequently Asked Questions
Do I need a permit to protest?
No. The Regulation of Gatherings Act requires notice to the relevant municipality and police — not a permit. Police cannot demand a permit as a condition of protest.
Can police disperse a protest?
Only if it is not peaceful, if the organisers did not give notice and the police reasonably believe harm will result, or if a court order is in place.
What are my rights if arrested at a protest?
You retain all rights under s35 — right to remain silent, right to a lawyer, right to appear in court within 48 hours. Charge: usually public violence, incitement, or contravening the Gatherings Act.
Related Terms
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