USE OF DEADLY FORCE AGAINST WITS STUDENT PROTESTERS

The Right2Protest Project and its member organisations are horrified by footage circulating of extreme use of force by police against student protesters which has reportedly resulted in a person being killed. As social justice organisations, we are committed to promoting the constitutional right to protest and reforming institutional responses to protest action.

The Right2Protest Project (R2P) is a coalition of organisations working to promote the right to protest. R2P and its member organisations are aware of reports that someone has been killed by police in Braamfontein following responses to student protests at Wits University. We condemn in the strongest terms excessive use of force against protesters who are trying to exercise their constitutional rights to protest and to education, which has now reportedly resulted in a bystander’s violent death at the hands of the police.

The Constitution guarantees the right to protest in a manner that is peaceful and unarmed, which includes protest that is disruptive. Through our work, we know that protesting is one method used by people in our society to voice concerns on the issues that impact them in order to bring about meaningful social change. Financial barriers to accessing higher education is an issue that has been at the heart of our student movements since at least 2015 when #FeesMustFall protests shut down campuses around the country and successfully advocated for zero fee increases. The current #WitsAsinaMali protests originated as a means of raising awareness on the financial challenges faced by students.

We are also keenly aware that the response to protest action by both public and private bodies often seeks to suppress dissent instead of engage on the issues raised. Unfortunately, this has been compounded recently by the pandemic and regulations which necessarily limit gatherings. It is especially troublesome that this clampdown – and the fatal shooting – happens a week after the President uplifted the previous restrictions on political gatherings.

We strongly oppose excessive use of force to disband peaceful protest action which is protected under the Constitution. We call for an independent investigation into the incident to ensure police accountability and it is our fervent hope that this situation can be resolved peacefully without further violence.

Issued by:

• The Right2Protest Project
• The Centre for Applied Legal Studies
• The Right2Know Campaign
• Lawyers for Human Rights
• The Centre for the Advancement of Community Advice Offices in South Africa
• Ndifuna Ukwazi
• Socio-Economic Rights Institute
• Equal Education Law Centre

For inquiries, please contact:

From the Right2Protest Project

From the Equal Education Law Centre  

The MEC has further suggested that the provincial government will not be visiting communities that are initiating protest action to express their grievances.

The remarks by the MEC are disheartening and they undermine the constitutional right to protest, in a country where there is growing dissent and lack of accountability, protest action is one of the very few ways in which marginalised communities can hold the government accountable.

Too often, protest action is the last resort and communities have often exhausted all lines of communication available to them, to no avail. Too often, reports about violence in protest ignore that these are the result of the authorities closing down any other space for communities to be heard; in fact, in many cases violent and repressive conduct by the police are a driver for conflict in protest situations.

In a context where the system has failed and often criminalised protesters, the MEC’s ‘war on protest’ fails to address the real issue which is that community members have no access to their councillors or decent services. The MEC fails to understand that many communities face intimidation when trying to organise marches, and often enough marches are unlawfully banned by the authorities. These remarks undermine the democratic values South Africa was built on: government officials are servants of the people, they should be available to these same people should mechanisms fail within councillors’ offices.

If the MEC wants to reduce the number of protests that happen outside of the Gatherings Act, make it easier for communities to protest! It is often officials themselves who go outside of the Gatherings Act to ban protests for made-up reasons — this practice needs to end.

At the same time the Gatherings Act itself has clauses which are unconstitutional – this outdated law needs to be replaced because it infringes on protesters’ rights!

If the MEC wants to declare war on something, declare war on police brutality! Declare war on unconstitutional anti-protest laws! Declare war on councillors and local government who shut communities out of the processes that affect their lives! This “war on protest” will only lead to more protests, and more conflict.

The Right2Protest Project and R2K KZN call upon the MEC to fulfil his mandate and to engage with those taking part in protest action. Protesters have the right to have their voices heard. Denying them that right is an atrocity.

#Ends

We invite communities to use the Right2Protest Hotline (0800 212 111) which offers free legal advice for protesters who are having their rights undermined. The number is operational during business hours. Follow the Right2Protest Project on Facebook and Twitter.