Illegal strike in Cape Town

You require a valid permit prior to conducting a march / demonstration in a public place in SA. This permit is provided only after lodging an official application with stakeholders like SAPS, the municipality, traffic control, etc. The march / gathering / protest organization leadership have to sign an contract where they honour to marshal their members, be civil and not break the law.

No permit, No march !!!

This is therefore an illegal gathering and march.
All must should arrested and charged accordingly.
 
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BhebdrOIYAAh6Xo.jpg


police motorbikes confront protester head-on. Singing getting louder...large group moving to CT station
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Police now have quads ?
 
daveza said:
These people are not on a protected or unprotected strike - they are not part of any union.

They are on an illegal march.
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This is how they always hope to bury their criminal activities, I based my comment on Redeemed saying that there is no such thing as an illegal strike in SA with Genetic appropriately answering him as to whatever? Their activities are illegal should they bury it under a strike, protest, march or whatever else they can think… I still want to know should our labour acts make provision against these activities?
 
daveza said:
Your comment is nonsensical.

It's a march, not a strike and unless a march has a permit it is illegal.

Capiche ?
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SweetFennyAdams said:
You require a valid permit prior to conducting a march / demonstration in a public place in SA. This permit is provided only after lodging an official application with stakeholders like SAPS, the municipality, traffic control, etc. The march / gathering / protest organization leadership have to sign an contract where they honour to marshal their members, be civil and not break the law.

No permit, No march !!!

This is therefore an illegal gathering and march.
All must should arrested and charged accordingly.
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Not true. The constitution (Section 17) specifies that everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. A permit is not required unless you are a group of 16 people or more and want to gather closer than 100 metres to a court during the week, want to gather in or near Parliament in Cape Town, or you want to gather in or near the Union Buildings in Tshwane. In those cases you need to have written permission. You do need to give notice though as soon as possible before the protest (a protest can be prohibited if 48 hours notice is not given).
 
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joelus said:
The Native Labour (Settlement of Disputes) Act, 1953 (renamed in 1964 to the Bantu Labour (Settlement of Disputes) Act, in 1973 to the Bantu Labour Relations Regulation Act, and in 1978 to the Black Labour Relations Regulation Act) was a South African law that formed part of the apartheid system of racial segregation in South Africa. The effect of the law was to prohibit strike action by Africans.
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Only actually banned during WWII then.
 
joelus said:
Not true. The constitution (Section 17) specifies that everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. A permit is not required unless you are a group of 16 people or more and want to gather closer than 100 metres to a court during the week, want to gather in or near Parliament in Cape Town, or you want to gather in or near the Union Buildings in Tshwane. In those cases you need to have written permission. You do need to give notice though as soon as possible before the protest (a protest can be prohibited if 48 hours notice is not given).
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They have to have 1 marshall for every 10 protesters and the marshalls must be identifiable.

Is that happening ?
 
Albereth said:
Only actually banned during WWII then.
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Well you asked when it was illegal, so I told you.
You should also be aware of this:
After the conclusion of the war, the measure was renewed at various times.[1]
The Act repealed War Measure 145, but in essence placed the measure into law, setting up a legal system of "racially segregated trade unions", and made it illegal for Africans to strike under any circumstances.[2] Although the law did not ban Africans from having trade unions, it did not legally recognise them. The South African Minister for Labour, Ben Schoeman explained that the reason for the ban was that the Africans "have not the faintest conception of the responsibilities of trade unionism."[3] The law meant that black Africans had no real way of resisting the demands of their employer.[4] In place of trade unions, the government allowed the creation of workers' committees, to be set up by the employees, and officially registered. Each place of work was permitted only one committee, which was to have no more than five members, in effect preventing true representation. If a committee had a complaint to raise, it was taken to a regional committee, composed of Africans appointed by the Minister for Labour. These regional committees reported to the Black Labour Board, which consisted solely of whites.[5] The legislation came into force on 1 May 1954.[6] An amendment was made to the Act in 1959, which imposed the same penalties for striking as had been present in War Measure 145: a maximum fine of £500 or three years' imprisonment
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daveza said:
They have to have 1 marshall for every 10 protesters and the marshalls must be identifiable.

Is that happening ?
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I never said this particular strike was legal. You made an incorrect statement that all gatherings required permits. This is not true, is all I was pointing out.
 
joelus said:
Not true. The constitution (Section 17) specifies that everyone has the right, peacefully and unarmed, to assemble, to demonstrate, to picket and to present petitions. A permit is not required unless you are a group of 16 people or more and want to gather closer than 100 metres to a court during the week, want to gather in or near Parliament in Cape Town, or you want to gather in or near the Union Buildings in Tshwane. In those cases you need to have written permission. You do need to give notice though as soon as possible before the protest.
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Although Section 17 grants the right to protest, it comes with responsibilities, such as doing it peacefully and within the framework of the law.

Section 36 of the Constitution overrides this provision by virtue of the Limitation Clause, promulgated in The Regulation of Gatherings Act (of 1994).

If this march infringes upon / or threatens to infringe upon the rights of other non-marching citizens by hindering their right to work, go about their business safely and peacefully, and not intimidated, this march can be stopped with necessary force by the authorities.

Their right to march does not trump the rights of other non-marchers.

Here is some authority on the matter: http://fxi.org.za/PDFs/Publications/RGAHandbook.pdf
 
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SweetFennyAdams said:
Although Section 17 gives the rights to protest, it comes with equal responsibilities, such as doing it peacefully.
Section 36 of the Constitution is used to override this provision by virtue of the limiting The
Regulation of Gatherings Act (of 1994).

The rights in the Bill of Rights may be limited only in terms of law of general application to the extent that the limitation is reasonable and justifiable in an open and democratic society based on human dignity, equality and freedom, taking into account all relevant factors, including :

a)the nature of the right;
b)the importance of the purpose of the limitation;
c)the nature and extent of the limitation;
d)the relation between the limitation and its purpose; and
e)less restrictive means to achieve the purpose.

If this march infringes upon / or threatens to infringe on the rights of other non-marching citizens to work, go about their business safely and peacefully, or be intimidated, this march can be stopped with necessary force by the authorities.

Their right to march does not trump the rights of other non-marchers.
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This is all true. I was responding specifically to your assertion that
You require a valid permit prior to conducting a march / demonstration in a public place in SA.

No permit, No march !!!
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This is not true. You only require a permit in specific places and under specific circumstances and if a permit is not given, the city has to have good reasons as to why not, or a court will overturn the prohibition (as has happened before)
 
I see they're making arrests - awesome.

Although, after that nothing seems to happen, because they're always out causing trouble a few weeks later
 
joelus said:
I never said this particular strike was legal. You made an incorrect statement that all gatherings required permits. This is not true, is all I was pointing out.
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If there are 16 or more of you, then your protest is called a
gathering, and you must tell the local authority (local council or
metro council).
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So you need to give notice, you cannot just arrange a march.


The Act says that the local council can prohibit your protest. BUT,
it can only do this if ALL of these 3 things happen:
1. They have had a meeting with the convener, and the
responsible officer, the police, and the convener have not
agreed about the plans.
2. They have good information, which has been given under
oath (that is, someone has sworn that he or she is telling the
truth) that you may:
• badly disturb traffic (cars and/or people),
• hurt or harm people in the gathering or other people,
• cause bad damage to property, for example to shops
or cars or houses.
3. The police say that they would not be able to stop these
problems (disturbing the traffic, or hurting people, or bad
damage) from happening.
Remember that your protest can also be prohibited if you did not
give 48 hours notice.
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The police prohibited the march yet they still went ahead. Rather like Marikana.
 
daveza said:
So you need to give notice, you cannot just arrange a march.




The police prohibited the march yet they still went ahead. Rather like Marikana.
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This march was illegal - you do have to give notice but - giving notice is not the same as asking for permission.
 
joelus said:
This march was illegal - you do have to give notice but - giving notice is not the same as asking for permission.
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I will concede that point.

The thing about thread debates is you can actually learn about schyte you didn't know.

( or thought you knew )
 
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i dont mind illegal, or permitted strikes, my question is why do you always have to cause a disruption, why cant they do it peacefully, the only thing they cause is getting jailed or hurt ....
 
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