South African Crime Quarterly 2018-03-23T07:02:14+00:00 Dr Kelley Moult Open Journal Systems <p>The <em>South African Crime Quarterly</em> <em>(SACQ)</em> is a journal co-published by the Justice and Violence Prevention Programme at the <a href="" target="_blank" rel="noopener">Institute for Security Studies (ISS)</a> and the <a href="">Centre of Law and Society (CLS)</a>&nbsp;at the University of Cape Town. <em>SACQ</em> presents recent research results on crime, criminal justice, policing, prisons and incarceration, crime prevention, and criminal justice policy and legislation.&nbsp;<em>SACQ</em> aims to add balance and objectivity to the discourse on human security in Africa by providing timely empirical research and analysis to policy makers, area specialists, academics and students.</p> Protest protections, protest problems? Reflections from across the spectrum 2018-03-23T07:02:01+00:00 Kelley Moult <p class="p2"><em>This issue of </em>South African Crime Quarterly <em>is a special issue focusing on protest. It is guest edited by Kelley Moult of the Centre for Law and Society at the University of Cape Town. </em></p> 2018-01-25T21:20:19+00:00 ##submission.copyrightStatement## Lawyering protest - critique and creativity: Where to from here in the public interest legal sector? 2018-03-23T07:02:07+00:00 Lisa Chamberlain Gina Snyman <p class="p2"><em>Frequent protests, arising from a diversity of motivations, are a feature of the South African landscape. Despite the right to protest being entrenched in section 17 of the Constitution, it is under threat, and communities seeking to protest increasingly risk criminalisation. This article identifies some of the emerging themes in the protest landscape and the way the right to protest is being suppressed. Four dominant themes are highlighted through the lens of the experiences of the public interest legal sector: the conflation of notification and permission; heavy-handed state responses to protests; the abuse of bail procedures; and the use of interdicts. Law has become at least one of the sites of contestation in the protest arena. The political space held open by the existence of the right to protest is thus closing as a result of violations of this right. It is therefore both useful and necessary to interrogate the role of lawyers in such contestation. This article also examines the context and nature of the public interest legal sector’s response to these emerging themes. </em></p> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement## A legal analysis in context: The Regulation of Gatherings Act – a hindrance to the right to protest? 2018-03-23T07:02:08+00:00 Jameelah Omar <p class="p1">&nbsp;</p> <p class="p2"><em>South Africa has seen a groundswell of protests in the past few years. The number of arrests during protest action has likewise increased. In June 2017 the Social Justice Coalition (SJC) challenged the constitutionality of the Regulation of Gatherings Act 205 of 1993 in the Western Cape High Court. This was an appeal from the magistrates’ court in which 21 members of the SJC were convicted of contravening the Regulation of Gatherings Act for failing to provide notice. This is the first court challenge to the constitutionality of the Regulation of Gatherings Act. Although the challenge was brought on restricted grounds, it highlights the Regulation of Gatherings Act as a sharp point of controversy. This article will consider the regulatory provisions and the extent to which they restrict the constitutional right to protest, particularly in light of the important role played by protest in South Africa’s constitutional democracy.</em></p> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement## Failing to respect and fulfill: South African law and the right to protest for children 2018-03-23T07:02:04+00:00 Nurina Ally <p class="p2"><em>Despite the historical and ongoing importance of protest as a vehicle for children to express themselves, current laws fail to protect and enable children’s participation in protest. More than two decades after the formal end of apartheid, a child may be subject to criminal processes for convening a peaceful, unarmed protest. This article highlights the importance of the right to protest for children and the obligation on the state to respect, protect and fulfil the right to protest, specifically taking into account children’s interests. Through a description of the </em>Mlungwana &amp; Others vs The State and Others <em>case, the article highlights the manner in which the criminalisation of peaceful protest by the Regulation of Gatherings Act fails to take into account the best interests of children and violates the right to protest. </em></p> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement## #Schools on fire: Criminal justice responses to protests that impede the right to basic education 2018-03-23T07:02:05+00:00 Ann Skelton Martin Nsibirwa <div> <p class="p1">&nbsp;</p> <p class="p2"><em>In recent years, schools have borne the brunt of protesters’ frustrations with the lack of access to services in South Africa. A 2016 investigative hearing by the South African Human Rights Commission (SAHRC) explored the causes of the protests and examined the failure to prevent the destruction of school property. It found that no one was held accountable for the protest-related damage. This article explores the competing constitutionally protected rights of protest and education. Although the right to protest is central in a democracy, it must be exercised peacefully with minimal disruptions to the right to education. Protest action that causes destruction should be criminally sanctioned; however, action that impedes access to education through threats and intimidation is difficult to deal with in the criminal justice system. This article questions the applicability of section 3(6) of the South African Schools Act, which makes it an offence to stop children attending school, and considers the proposed amendments to the Act in light of these critiques. The article explores possible prosecution relying on the Intimidation Act, and finds that the Act is under constitutional challenge. The article concludes that the focus on prevention as contained in the SAHRC report is not misplaced, given the challenges in holding protesters accountable under criminal law. </em></p> </div> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement## Enabling the enabler: Using access to information to ensure the right to peaceful protest 2018-03-23T07:02:13+00:00 Tsangadzaome Alexander Mukumba Imraan Abdullah <p class="p2"><em>The Regulation of Gatherings Act (RGA) places strict guidelines on how to exercise the right to protest, with particular emphasis on the submission of a notice of gathering to the responsible person within a municipality in terms of sections 2(4) and 3 of the Act. However, municipalities do not proactively make the notice of gathering templates available for public use (or may not have these at all), and often do not publicise the details of the designated responsible person. To test municipalities’ compliance with the RGA, the Legal Resources Centre (LRC) enlisted the help of the South African History Archive (SAHA) to submit a series of Promotion of Access to Information Act (PAIA) requests to every municipality in South Africa. PAIA requests were also submitted to the South African Police Service (SAPS) for records relating to public order policing. The initiative aimed to provide these templates and related documents to interested parties as an open source resource on the website. The results of these efforts show that compliance with the RGA is uneven. This article explores the flaws in the regulatory environment that have led to this level of apathy within government, despite the crucial role of the right to protest and the right of access to information as enabling rights in our constitutional democracy. An analysis of the full PAIA request dataset shows the extent of government’s resistance to facilitating these enabling rights, and provides insights into remedial interventions. The article concludes with a series of recommendations, which centre on statutory reforms to the RGA and PAIA to ensure appropriate sanction for non-compliance by government, proactive disclosure of relevant information, and emergency provisions allowing curtailed procedural requirements. The intention of the proposed amendments is to minimise the possibility that these fundamental, enabling rights might be frustrated. </em></p> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement## Protest Blues: Public opinion on the policing of protest in South Africa 2018-03-23T07:02:11+00:00 Benjamin James Roberts Narnia Bohler-Muller Jare Struwig Steven Lawrence Gordon Ngqapheli Mchunu Samela Mtyingizane Carin Runciman <p class="p2"><em>The policing response to rising protest action in the country has received increased attention in the last decade. This is particularly owing to concerns over confrontations during which protesters have been arrested, injured and in some instances killed by the police. Despite the criticism voiced by various stakeholders about the manner in which the police manage crowd gatherings, relatively little is known about the views of South African adults on the policing of protest action and the factors that shape such attitudes. To provide some insight, this article draws on data from a specialised module on protest-related attitudes and behaviour that was fielded as part of the 2016 round of the Human Sciences Research Council’s South African Social Attitudes Survey (SASAS) series. This nationally representative survey included specific questions probing the public’s overall evaluation of the performance of the police in dealing with protests, and the justifiability of the use of force in policing protest action. The article will present a national picture of people’s views on the policing of protest, based on these measures, and then determine the extent to which there are distinct underlying socio-demographic cleavages in these data. A combination of bivariate and multivariate analysis is undertaken in order to understand how perceptions of effectiveness, acceptability and reported participation in protest (especially disruptive and violent actions) shape people’s views regarding policing of protest. The article concludes with a discussion that reflects on the implications of the research for the policing of protest action in future, given the appreciable rise in the incidence of protest since the mid-2000s and the mounting tensions between state institutions and communities over the political, moral and constitutional arguments for and against such actions. </em></p> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement## Minding the Protest: Attitudes towards different forms of protest action in contemporary South Africa 2018-03-23T07:02:10+00:00 Narnia Bohler-Muller Benjamin James Roberts Jare Struwig Steven Lawrence Gordon Thobeka Radebe Peter Alexander <p class="p2"><em>This article focuses on providing new insights into the nature of public opinion about protest action in South Africa. Since the mid-2000s the country has experienced one of the world’s highest levels of popular protest and strike action, combined with the recent resurgence of an active student protest movement. Sociological research into these protests has suggested that they represent distinct phenomena and that local protests have assumed plural forms that cut across simple violent/non-violent and orderly/disorderly binary distinctions. Despite the rapid growth of literature on South African protests, surprisingly little is known about public opinion relating to various forms of protest. Consequently, this article aims to examine differences with regard to the acceptability, perceived effectiveness and participation in respect of three categories of protest action, namely orderly, disruptive and violent protests. The article uses data from a protest module included as part of the 2016 round of the South African Social Attitudes Survey, a nationally representative series conducted annually by the Human Sciences Research Council. Apart from determining the nature and extent of variation in opinion regarding the three types of protest action on aggregate, the article explores patterns of similarity and differentiation across societal groups, based on class, age, race, gender and geography. Finally, we analyse how and for whom perspectives on the three forms of protest have changed over the course of a generation by drawing on functionally equivalent data collected in 1995. The article concludes by reflecting on whether the evidence supports key hypotheses regarding the ‘rebellion of the poor’</em><span class="s2"><em>1 </em></span><em>in the country. </em></p> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement## Rhodes University v Student Representative Council of Rhodes University: The constitutionality of interdicting non-violent disruptive protest 2018-03-23T07:02:14+00:00 Safura Abdool Karim Catherine Kruyer <p class="p2"><em>Section 17 of the Constitution of the Republic of South Africa, 1996 enshrines the right to assemble, peacefully and unarmed, and the Regulation of Gatherings Act 205 of 1993 enables the exercise of this right peacefully and with due regard to the rights of others. The recent student protests across South Africa have occasioned litigation seeking to interdict protest action, which the universities claim is unlawful. Overly broad interdicts, which interdict lawful protest action, violate the constitutional right to assembly and have a chilling effect on protests. In a decision of the High Court of South Africa, Eastern Cape Division, Grahamstown, a final interdict was granted interdicting two individuals from, among other things, disrupting lectures and tutorials at Rhodes University and from inciting such disruption. In this note, the constitutionality of interdicting non-violent disruptive protest is discussed and analysed, using </em>Rhodes University v Student Representative Council of Rhodes University and Others <em>(1937/2016) [2016] ZAECGHC 141. </em></p> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement## Securocrat repression and ‘Protest nation’ resistance 2018-03-23T07:02:02+00:00 Patrick Bond <p class="p2">Review of:</p> <p class="p3">Jane Duncan, <em>The rise of the securocrats</em>, Johannesburg, Jacana Media, 2014 (ISBN-10: 1431410756)</p> <p class="p3">Jane Duncan, <em>Protest nation: The right to protest in South Africa</em>, Pietermaritzburg, University of KwaZulu-Natal Press, 2016 (ISBN-10: 186914323X)</p> 2017-12-13T00:00:00+00:00 ##submission.copyrightStatement##