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

Chapter 1

3. Notice of gatherings

 

 

(1) The convener of a gathering shall give notice in writing signed by him of the intended gathering in accordance with the provisions of this section: Provided that if the convener is not able to reduce a proposed notice to writing the responsible officer shall at his request do it for him.

 

(2) The convener shall not later than seven days before the date on which the gathering is to be held, give notice of the gathering to the responsible officer concerned: Provided that if it is not reasonably possible for the convener to give such notice earlier than seven days before such date, he shall give such notice at the earliest opportunity: Provided further that if such notice is given less than hours before the commencement of the gathering, the responsible officer may by notice to the convener prohibit the gathering.

 

(3) The notice referred to in subsection (1) shall contain at least the following information:
(a) The name, address and telephone and facsimile numbers, if any, of the convener and his deputy;
(b) the name of the organization or branch on whose behalf the gathering is convened or, if it is not so convened, a statement that it is convened by the convener;
(c) the purpose of the gathering;
(d) the time, duration and date of the gathering;
(e) the place where the gathering is to be held;
(f) the anticipated number of participants;
(g) the proposed number and, where possible, the names of the marshals who will be appointed by the convener, and how the marshals will be distinguished from the other participants in the gathering;
(h) in the case of a gathering in the form of a procession—
(i) the exact and complete route of the procession;
(ii) the time when and the place at which participants in the procession are to assemble, and the time when and the place from which the procession is to commence;
(iii) the time when and the place where the procession is to end and the participants are to disperse;
(iv) the manner in which the participants will be transported to the place of assembly and from the point of dispersal;
(v) the number and types of vehicles, if any, which are to form part of the procession;
(i) if notice is given later than seven days before the date on which the gathering is to be held, the reason why it was not given timeously;
(j) if a petition or any other document is to be handed over to any person, the place where and the person to whom it is to be handed over.

 

(4) If a local authority does not exist or is not functioning in the area where a gathering is to be held, the convener shall give notice as contemplated in this section to the magistrate of the district within which that gathering is to be held or to commence, and such magistrate shall thereafter fulfil the functions, exercise the powers and discharge the duties conferred or imposed by this Act on a responsible officer in respect of such gathering.

 

(5)
(a) When a member of the Police receives information regarding a proposed gathering and if he has reason to believe that notice in terms of subsection (1) has not yet been given to the responsible officer concerned, he shall forthwith furnish such officer with such information.
(b) When a responsible officer receives information other than that contemplated in paragraph (a) regarding a proposed gathering of which no notice has been given to him, he shall forthwith furnish the authorized member concerned with such information.
(c) Without derogating from the duty imposed on a convener by subsection (1), the responsible officer shall, on receipt of such information, take such steps as he may deem necessary, including the obtaining of assistance from the Police, to establish the identity of the convener of such gathering, and may request the convener to comply with the provisions of this Chapter.