Right to protest under the spotlight
THE right to protest took centre stage outside the Cape Town Magistrate’s Court yesterday where Social Justice Coalition general secretary Axolile Notywala had his first court appearance after being arrested outside the City of Cape Town Civic Centre last Thursday.
Social Justice Coalition activists staged a picket outside the court in support of Notywala, who has been charged with contravening the Gatherings Act. In 2018, the Constitutional Court declared sections of this legislation unconstitutional because of the way it stifled protest.
“Most of the people outside picketing were part of the protest and supporting the right to protest,” Notywala said.
On his way to the police station, Notywala claims he was assaulted by police right after he had been separated from the crowd and a colleague who was with him,
Notywala was arrested during a peaceful protest for water, flushing toilets and electricity in informal settlements.
After his release from custody on Thursday, he said that on questioning police officers about the use of stun grenades, he was arrested and kept in handcuffs for two hours without being charged or processed.
At court yesterday, it emerged that a warrant of arrest was issued for Notywala on Sunday but was cancelled by the magistrate. Police didn’t bring the docket to court, forcing Notywala to wait for several hours.
He eventually ended up in court and the case was postponed to March25 for further investigation.
Notywala has laid charges against the police officers who allegedly assaulted him while in custody.
He also plans to approach the Human Rights Commission.
The Constitutional Court ruled last year that failure to give notice of protest action should not be made a criminal offence.