DA loses bid to outlaw EFF protest, but court imposes restrictions
Party ordered to publicise court decision it is barred from shutting businesses and public roads, and instigating blocking of roads and railway lines, and inciting violence
18 March 2023 - 12:05
byKhanyisile Ngcobo
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The DA's bid to halt the EFF's planned shutdown has been dismissed. Picture: ESA ALEXANDER
The DA's urgent court bid to have Monday's national shutdown by the EFF declared unlawful has been dismissed.
The EFF, its members, employees and officials have however been barred from shutting retail stores, businesses, trade and public roads, from instigating the blocking of roads and railway lines, and inciting violence.
The party was also ordered to inform its “members, employees and officials as well as all persons to whom it had given notice of the national shutdown” by no later than 5pm on Saturday through social media, email and “all other appropriate means available to it”.
The DA turned to the Johannesburg high court on Friday to interdict the shutdown to the extent it extends beyond notices issued under the Regulation of Gatherings Act.
In its founding affidavit filed earlier this week by leader John Steenhuisen, the DA said despite its responsibility to take all reasonable steps to ensure the planned shutdown was not violent and to guard against unlawful conduct, the EFF had threatened to force the closure of all schools, retail stores, businesses and public roads across the country.
The court upheld an application brought by the South African Property Owners Association (Sapoa) on the same day.
The association sought to interdict and restrain EFF members from unlawfully interfering with, harassing and assaulting members of the public wishing to enter shopping centres.
Sapoa also wanted an order seeking the removal of any person from the properties where assaults and harassment take place.
Judge Leicester Adams heard both applications together. The EFF opposed them.
The court granted the order, adding that: “The South African police services, alternatively, any duly registered private security contractor, further alternatively, the appropriate sheriff of the high court, be and are hereby authorised to assist any of the members of the applicant in enforcing prayers (2) and (3) of this order.
Adams also ordered the EFF to “pay the applicant’s costs of this urgent application”.
The red berets are planning “the mother of all shutdowns” on Monday and are calling for the resignation of President Cyril Ramaphosa and an end to load-shedding, among other issues. They will be joined by the South African Federation of Trade Unions (Saftu), which said it was asked by the EFF to participate.
The EFF has warned businesses to close or risk being looted on the day.
Support our award-winning journalism. The Premium package (digital only) is R30 for the first month and thereafter you pay R129 p/m now ad-free for all subscribers.
DA loses bid to outlaw EFF protest, but court imposes restrictions
Party ordered to publicise court decision it is barred from shutting businesses and public roads, and instigating blocking of roads and railway lines, and inciting violence
The DA's urgent court bid to have Monday's national shutdown by the EFF declared unlawful has been dismissed.
The EFF, its members, employees and officials have however been barred from shutting retail stores, businesses, trade and public roads, from instigating the blocking of roads and railway lines, and inciting violence.
The party was also ordered to inform its “members, employees and officials as well as all persons to whom it had given notice of the national shutdown” by no later than 5pm on Saturday through social media, email and “all other appropriate means available to it”.
The DA turned to the Johannesburg high court on Friday to interdict the shutdown to the extent it extends beyond notices issued under the Regulation of Gatherings Act.
In its founding affidavit filed earlier this week by leader John Steenhuisen, the DA said despite its responsibility to take all reasonable steps to ensure the planned shutdown was not violent and to guard against unlawful conduct, the EFF had threatened to force the closure of all schools, retail stores, businesses and public roads across the country.
The court upheld an application brought by the South African Property Owners Association (Sapoa) on the same day.
The association sought to interdict and restrain EFF members from unlawfully interfering with, harassing and assaulting members of the public wishing to enter shopping centres.
Sapoa also wanted an order seeking the removal of any person from the properties where assaults and harassment take place.
Judge Leicester Adams heard both applications together. The EFF opposed them.
The court granted the order, adding that: “The South African police services, alternatively, any duly registered private security contractor, further alternatively, the appropriate sheriff of the high court, be and are hereby authorised to assist any of the members of the applicant in enforcing prayers (2) and (3) of this order.
Adams also ordered the EFF to “pay the applicant’s costs of this urgent application”.
The red berets are planning “the mother of all shutdowns” on Monday and are calling for the resignation of President Cyril Ramaphosa and an end to load-shedding, among other issues. They will be joined by the South African Federation of Trade Unions (Saftu), which said it was asked by the EFF to participate.
The EFF has warned businesses to close or risk being looted on the day.
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