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Regulation of Gatherings Act, 1993 (Act No. 205 of 1993)

1. Definitions

 

 

In this Act, unless the context otherwise indicates—

 

"authorized member"

means a member of the Police authorized in terms of section 2(2) to represent the Police as contemplated in the said section;

 

"branch"

in relation to an organization, includes—

(a) any section or committee of the organization; and
(b any local, regional or subsidiary body forming part of the organization;

 

"Commissioner"

means the Commissioner of the South African Police appointed in terms of section 3 of the Police Act, 1958 (Act No.7 of 1958), and includes a regional commissioner as defined in the said Act;

 

"convener"

means—

(a) any person who, of his own accord, convenes a gathering; and
(b in relation to any organization or branch of any organization, any person appointed by such organization or branch in terms of section 2(1);

 

"demonstration"

includes any demonstration by one or more persons, but not more than 15 persons, for or against any person, cause, action or failure to take action;

 

"gathering"

means any assembly, concourse or procession of more than 15 persons in or on any public road as defined in the Road Traffic Act, 1989 (Act No. 29 of 1989), or any other public place or premises wholly or partly open to the air—

(a) at which the principles, policy, actions or failure to act of any government, political party or political organization, whether or not that party or organization is registered in terms of any applicable law, are discussed, attacked, criticized, promoted or propagated; or
(b) held to form pressure groups, to hand over petitions to any person, or to mobilize or demonstrate support for or opposition to the views, principles, policy, actions or omissions of any person or body of persons or institution; including any government, administration or governmental institution;

 

"local authority"

means any local authority as defined in section 1 of the Promotion of Local Government Affairs Act, 1983 (Act No. 91 of 1983), within whose area of jurisdiction a gathering takes place or is to take place, but does not include a regional services councilor a joint services board in respect of the area of jurisdiction of another local authority;

 

"magistrate"

means a magistrate appointed in terms of the Magistrates' Courts Act, 1944 (Act No. 32 of 1944);

 

"marshal"

means any person appointed as such in terms of section 8(1);

 

"Minister"

means the Minister of Law and Order;

 

"organization"

means any association, group or body of persons, whether or not such association, group or body has been incorporated, established or registered in accordance with any law;

 

"peace committee"

means a local committee or a regional committee as defined in section 1 of the Internal Peace Institutions Act, 1992 (Act No. 135 of 1992), and contemplated in the National Peace Accord signed at Johannesburg on 14 September 1991;

 

"Police"

means the South African Police mentioned in section 2 of the Police Act, 1958 (Act No.7 of 1958), and includes any body of persons established or enrolled under any law and exercising or performing the powers, duties and functions of a police force, but does not include any body of traffic officers;

 

"responsible officer"

means a person appointed in terms of section 2(4) (a) as responsible officer or deputy responsible officer, and includes any person deemed in terms of section 2(4) (b) to be a responsible officer;

 

"riot damage"

means any loss suffered as a result of any injury to or the death of any person, or any damage to or destruction of any property, caused directly or indirectly by, and immediately before, during or after, the holding of a gathering.