The rules are clear:

  • The police may only use force against protesters when it is necessary to prevent injury or death to a person or destruction of property, and when negotiation and all other measures have failed;
  • Before resorting to force, they must give two warnings in at least two languages, and give people reasonable time to disperse;
  • They may only use the minimum possible force under the circumstances.

    • These rules must be followed whether or not the protest is perceived to be illegal.

    Understanding the legal restrictions in details:

    Police can only use force against protesters when attempts to negotiate have failed and there are “reasonable grounds” to believe that danger to people or property cannot be averted through other action.

    But even then, before police resort to violence, they must first go through several steps. These are outlined in the Regulation of Gatherings Act and SAPS National Instruction 4:

    1. If there is a serious safety risk, and attempts to negotiate a solution have failed, police must first put “defensive measures” in place.

    2. Police must then give a public warning in at least two official languages that action will be taken against protesters if the defensive measures fail

    3. Police must then bring forward the ‘reserve’ section of the police who are responsible for “offensive measures”. According to the regulations, this should be used as a deterrent against further violence – in other words, you should be able to see that the police are preparing to use force.

    4. Police must then give a second public warning in at least two official languages for people to disperse peacefully, giving a reasonable time frame.

    If participants have not dispersed after receiving these two warnings, in the time provided, the commanding officer may authorise the police to disperse members using minimum possible force under the circumstances. Any use of force must be geared towards de-escalating conflict.

    The police can take immediate action against anyone trying to do serious injury to another person or do “serious” damage to property – using minimum possible force.

    Except for personal defence, police can only use force under the orders of the operational commander.

    WHAT IS A DEFENSIVE MEASURE? e.g. forming a barrier, negotiating, cordoning off, blocking, isolating, patrolling, escorting;

    WHAT IS AN OFFENSIVE MEASURE? e.g. searching, pushing back, evacuating, encircling, dispersing protesters, using appropriate force.