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The Regulation of Gatherings Act, 1993 and gathering of evidence

The Regulation of Gatherings Act, 1993 and gathering of evidence. J A van der Walt Legal Support: South African Police Service. INTRODUCTION AND BACKGROUND. During 1990s violent clashes between protesters and SAPS Goldstone Commission appointed to investigate public violence and intimidation

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The Regulation of Gatherings Act, 1993 and gathering of evidence

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  1. The Regulation of Gatherings Act, 1993 and gathering of evidence J A van der Walt Legal Support: South African Police Service

  2. INTRODUCTION AND BACKGROUND • During 1990s violent clashes between protesters and SAPS • Goldstone Commission appointed to investigate public violence and intimidation • 1993 Constitution • Regulation of Gatherings Act, 1993 (Act No. 205 of 1993) • Focus from “riot control” to “crowd management” • South African Police Service Act, 1995 (Act No. 68 of 1995) • subject to the Constitution • with due regard to fundamental rights of every person • 1996 Constitution • On 2011-08-30 the Minister of Police approved a new SAPS policy on managing public protests • Protesters are legally regulated in terms of • The Constitution • The Regulation of Gatherings Act • Police are further regulated by policy and instructions

  3. REGULATION OF GATHERINGS ACT • Principle of cooperative management • Appointment of “Golden Triangle” role players • Convener, Authorized member, Responsible officer • Notice of Gatherings • Sec 4 (Golden Triangle) meeting • Parties negotiate the terms • Convener provides marshals, police manage • Act also deals with • Prevention, Prohibition • Conduct of participants, offences and liability • Powers of Police

  4. REGULATION OF GATHERINGS ACT • Gatherings Act, revised training and operational procedures brought about major change in SAPS approach • Continuous process to improve and learn from practice • Framework • Regulation of Gatherings Act • Policy Guidelines • Police Instructions (revised SO (G) 262) • Where there was a previous need for police accountability, that now recognises convener accountability • Gatherings Act platform • Civil liability – section 11 • Criminal liability – section 12

  5. EVIDENCE GATHERING • Operational diaries in each vehicle: actions taken • Postings, Instructions, Activities • Ops diary facilitates decisions and provide full picture • Supported by statements, footage etc. • Video footage • New policy recognises importance • Operational decisions in real time • Prosecution and civil action • Debrief and training • Media footage • Pros and cons, especially also citizen journalists

  6. CONCLUSION • Main issues in new policy include • Establishment of dedicated POP Unit, enhanced training, improved command and control, operational and contingency planning, use of force, equipment, intelligence and information, evidence gathering and the responsibility of conveners • Important element of modern crowd management • Put observer in a position where an objective and fair opinion can be formed of the conduct of participants and police action • Reasonable grounds

  7. Thank You Questions?

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