Open letter from the Executive Mayor, Alderman Patricia
de Lille, to the Chairperson of the African National
Congress Youth League’s Dullah Omar region, Mr Khaya
Yozi, following the ANCYL’s violation of march
stipulations
In the interest of the democratic values that we have all fought for over
so many years, I am writing this open letter to you and the African
National Congress Youth League (ANCYL). A copy of this letter will also be
released to members of the media.
The ANCYL applied for permission to stage a march to the Provincial
Legislature building in Wale Street on Monday August 28, 2012.
The City and the South African Police Services (SAPS), in terms of the
regulations and processes determined by the Gatherings Act approved the
application to march to the Provincial Legislature, in order to hand over a
memorandum to the Office of the Premier. Permission was granted,
subject to a set of conditions and legal requirements that were
communicated to the organisers of this march.
The ANCYL failed to meet a number of the conditions stipulated in terms
of the Gatherings Act. These conditions were laid down in order to ensure
public safety and a safe route for the march.
Your organisation failed in to adhere to the following requirements:
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Marchers gathered at the wrong venue – the stipulations set by
the SAPS and the City of Cape Town, were that the participants
should assemble at Keizergracht from 10:00 on Monday morning.
The march was to commence from Keizergracht along Darling
Street, left into Adderley Street, and then to the Provincial buildings
in Wale Street. However, part of the group (an estimated 3000
people) incorrectly gathered at Salt River Station.
Marchers gathered and started at a later time – the
stipulations set by the SAPS and the City of Cape Town were that
participants should assemble at 10:00, for the march to commence
at 11:00. But an additional 2000 individuals joined the group just
after 12:00, and were consolidated into one group by the SAPS
before proceeding. In addition the procession did not adhere to the
time-frames stipulated in the application and delayed the start of
the procession.
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Marchers did not disperse by the stipulated time of 13:00 –
this lengthened the march’s impact on the CBD.
Marchers blocked access to and from the Provincial
Legislature – this could have impacted on the safety of the staff in
the building.
Marchers did not adhere to the requirement that they follow
the same route back after the memorandum handover – this
requirement was put in place to ensure that there was minimal
disruption to traffic and business in the CBD.
I am deeply disappointed by your organisation’s flagrant disregard of the
stipulations set out in the march approval.
The City respects the rights of all residents to demonstrate, in a peaceful
and legal manner. The rules set down by the Gatherings Act protect the
interest of all residents, and a failure to follow these rules must – and will
– lead to consequences.
The essence of a democracy is an unconditional respect for the rule of
law. No one is above the law, and anyone who flouts the law must face
the consequences.
To this end, I have been informed that the SAPS have laid a charge of
non-adherence to the march conditions against your organisation at the
Woodstock Police Station.
The behaviour of your organisation during Monday’s march has been well
documented by members of the media and by law enforcement teams.
This information will be brought to the attention of the presiding officers
who independently consider all applications for marches in terms of the
Gatherings Act, and it will no doubt be carefully considered should your
organisation apply in the future to march in the City of Cape Town.