City to make protest groups pay for damages
The City of Cape Town is taking a strong stance against the destruction of property during protests, saying those found liable should pay.
The DA-led Cape Town announced on Monday that it is moving ahead with a R1.4m civil claim against the EFF and Gatvol Capetonian, an organisation that describes itself as a pressure group seeking to highlight the plight of backyard dwellers.
The city said these groupings are liable for the cost to repair damaged public infrastructure during recent violent protests.
A landmark precedent was set in 2012 when the Constitutional Court ruled that the SA Transport and Allied Workers Union must pay R1.5m to the City of Cape Town for damages incurred during a protest.
Municipalities seldom institute claims against protest organisers in part because they are often unable to pinpoint them.
While there was a drastic reduction in service delivery protests in 2020 largely due to the lockdown and accompanying restrictions on gatherings, the Covid-19 induced economic crisis is likely to lead to a spike in protests this year as restrictions are eased and the local government elections are on the horizon.
Municipal IQ, a local government data and intelligence organisation that collects data on service delivery protests, has noted that Gauteng remains the most prominent site of protests, followed by KwaZulu-Natal and the Western Cape.
On Monday Cape Town mayor Dan Plato said destroying infrastructure is not an acceptable form of protest, nor is shutting down important routes and disrupting the lives of lawabiding residents. “In SA, we need to draw the line on the rule of law, that is why we are holding these groupings accountable for their actions to the tune of R1.4m,” Plato said.
A summons was issued to Gatvol Capetonian in March for more than R1.3m in damages related to a “shutdown” of important routes in Cape Town during a previous protest.
The city’s legal representatives have also issued a letter of demand to the EFF for damage to infrastructure in Brackenfell last November in violation of agreed gathering conditions with the SA Police Services and Western Cape High Court.
EFF members allegedly damaged traffic lights at several intersections, set fire to a vacant field and damaged public vehicles, including a fire engine.
Close to R90,000 is being sought from the EFF to cover the costs of infrastructure repair and firefighting equipment.
Plato said the EFF has 21 days to make payment into the city’s bank account or face a summons, which will include a claim for legal costs to recover the funds, plus interest.
The EFF said it will respond soon as it receives guidance from its legal team. Gatvol Capetonian could not be reached for comment.
Karen Heese, an economist at Municipal IQ, said while there is precedent for such claims it is rarely applied, “probably because many violent protests are not organised as per the Regulation of Gatherings Act.
“Ideally this should happen and the municipality should be aware of protests [approve them], co-ordinate with an organiser and thereby mitigate the potential for violence and damage. Hypothetically then, if such procedures were followed it would be beneficial for all, but requires that the municipality works to facilitate gatherings and protests are legally co-ordinated, a far cry from what tends to happen and then such a response [civil claims] would be a last resort.”