Apply to demonstrate or gather
A demonstration is defined as consisting of 15 people or less, while a gathering is a procession or assembly of more than 15 people. If you are planning a demonstration or gathering, you should know your rights as well as the legal way to go about it. This includes giving notice of the gathering to the City of Cape Town.
How to apply
To do this legally, you will need to give notice of your intention to demonstrate or gather no less than seven days before the date on which it will be held, and if this is not possible, 48 hours before the gathering is scheduled.
Please note
While you must apply to the City, who will pass your application on to the relevant players, in order to legally hold a gathering, the application process is referred to as giving notice.
Step 1: The organisation intending to hold the gathering must appoint a convener responsible for arranging the gathering.
Step 2: Fill out the Notice for Procession, Demonstration or Gathering Form you can find in the document downloads below.
Supporting documents you will need:
- Certified copies of ID documents of the Convener, Deputy Convener and Chief Marshall
The information supplied in the form must comply with the
Regulation of Gatherings Act. Be sure to familiarise yourself with the regulations before you fill out the form to ensure that it won’t be rejected. This notice also should include a place to indicate a handing over of a petition to a recipient.
Step 3: Submit the notice and certified ID documents via one of the following channels:
Delivery by hand
The Public Protection Unit
3rd Floor, Foyer H
Civic Centre
12 Hertzog Boulevard
Cape Town
Or
Email
Petitions.Management@capetown.gov.za /
renenancirene.everts@capetown.gov.za.
Once the City has received the notice, the Public Participation Unit (PPU) will send it to the South African Police Service (SAPS), the Metropolitan Police Services and the Traffic Department (if the procession, demonstration or gathering is intended to take place on a public road).
You may not hold a demonstration or gathering in any building where a courtroom is situated, or any open air space within a 100 metre radius from such a building during the working week (except on a public holiday), unless you are granted permission by the magistrate of the district, the Chief Magistrate in Cape Town, or the Director-General: Office of the President.
If your notice for a gathering has been approved, you may go ahead with your protest or gathering.
Appeal the application decision
The responsible officer will arrange a meeting with the convener to discuss prohibiting the gathering, if he/she believes that your proposed gathering will result in:
- serious disruption to traffic;
- injury to participants;
- damage to property; or
- police or traffic officers being unable to contain these threats.
You can appeal the prohibition of the gathering by applying to a Magistrate’s Court within 24 hours after the officer has given notice of the prohibition. Any person who hinders, interferes with, obstructs or resists a member of police or marshal shall be guilty of an offence and is liable for a fine of up to R20,000 or imprisonment for up to a year.
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