Durban High Court Allows March and March Protests Under Strict Conditions

Court balances the constitutional right to protest with public safety concerns following recent unrest in parts of Durban.

The Durban High Court has ruled that the March and March movement may continue with its planned demonstrations in eThekwini, but only under strict conditions aimed at maintaining public order and preventing violence.

The ruling follows an urgent application brought by Acting Police Minister Firoz Cachalia and KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, who sought restrictions on the movement’s protest activities amid concerns over recent unrest.

Protests Temporarily Restricted

In terms of the court order, demonstrations have been restricted for four days, with March and March permitted to resume protest action from 6 November between 10:00 and 15:00.

The decision allows the movement to exercise its constitutional right to protest while placing limits on how demonstrations are conducted.

Strict Conditions Imposed

The court ordered that participants must comply with several requirements during future demonstrations, including:

• No carrying of sticks or objects that could be used as weapons.
• No covering or concealing of faces.
• Compliance with designated protest routes.
• Adherence to conditions set out by law enforcement and the court.

The restrictions are intended to ensure that demonstrations remain peaceful and do not pose a threat to public safety or infrastructure.

Legal Battle Over Protests

The application followed weeks of demonstrations in Durban, some of which were accompanied by road blockades, property damage and confrontations.

March and March leader Jacinta Ngobese-Zuma and other respondents opposed the application, arguing that the movement has a constitutional right to demonstrate and express its views publicly.

The court ultimately allowed the protests to continue but imposed safeguards to reduce the risk of further disruptions.

Balancing Rights and Public Safety

The ruling highlights the judiciary’s effort to balance constitutional freedoms with concerns about security, public order and the rights of other residents.

While the movement retains its right to protest, the judgment makes it clear that demonstrations must take place within the legal framework established by the court.

Authorities Remain on Alert

Law enforcement agencies are expected to monitor compliance with the court order closely once demonstrations resume.

Officials have urged participants to respect the conditions and ensure that protests remain peaceful.

The outcome provides clarity on how future demonstrations can proceed while efforts continue to maintain stability and protect residents across eThekwini.