The eThekwini Municipality Metro Police has issued a response following an article published in the Springfield Weekly Gazette today, regarding the week-long “March and March” operation currently under way in the Durban CBD.
The operation, which began on Monday along Bertha Mkhize Road, has seen groups moving through the area in what has been described as a clean-up campaign. However, the presence of marchers sparked unease among some business owners, with several shops reportedly closing their doors amid fears of possible looting.
While the gathering has been described as an informal protest, Metro Police spokesperson Victor Zungu said the action was regarded as peaceful and therefore protected under the Constitution.
“Peaceful protest is a constitutional right and cannot be interfered with, provided it remains non-violent,” Zungu said.
He added, however, that no individual or group is permitted to unlawfully force businesses to close or disrupt operations.
“Any acts of intimidation, violence, or damage to property are unlawful, and law enforcement agencies will act to protect residents, businesses and public safety,” he said.
Despite responding to media queries, Zungu did not clarify whether the “March and March” activities conducted this week were formally authorised by the Municipality.
Instead, he outlined the standard legal requirements for protest action. “Organisers of marches or protests are required to comply with due process by formally applying to the Municipality. This includes engagement with relevant authorities, including the South African Police Service (SAPS) and Metro Police, through a Section 4 meeting convened in terms of the Regulation of Gatherings Act,” he explained.
“Once all prescribed requirements have been met, a permit may be issued and signed by the City Manager, thereby authorising the gathering. Failure to comply with these procedures renders the protest unlawful.”
The lack of clarity on whether due process was followed in this instance has left questions hanging over the status of the ongoing operation in the city centre.
