New bill aims to keep protesters far away from children

 ·21 Jun 2018

FF Plus MP Anton Alberts has announced plans to introduce a Private Member’s Bill to parliament, aiming to regulate the holding of public gatherings and demonstrations in areas which are likely to contain children.

In an explanatory memo attached to the bill, Alberts explains that the bill seeks to amend the Regulation of Gatherings Act, to prohibit protests outside schools as well other institutions of learning and care – such as children’s homes and houses of safety where there are minor children.

He indicated that while section 17 of the Constitution provides the right to freedom of assembly, children also have a right to protection under section 28(2).

As such, the draft bill provides that:

  • All demonstrations or gatherings in the vicinity of a building in which a school or institution of learning and care is situated, on every week day (Saturday, Sunday and public holidays are included in the prohibition) are prohibited, except for certain people and certain causes which will be prescribed in regulations;
  • Permission may not be granted to hold a gathering or demonstration outside the above-mentioned places, except to prescribed applicants for a prescribed cause;
  • The Minister of Safety and Security may, after consultation with the Minister of Education and approval by Parliament, make regulations in regard to the causes and applicants that may be given permission.

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