Justice Minister to Announce Action on March and March Movement After Elections

Government Stands Firm Amidst Ongoing Tensions

Justice Minister Mmamoloko Kubayi has issued a clear warning to the March and March movement, cautioning against any defiance of a court order limiting its protests. Kubayi stressed that government would not tolerate lawlessness or actions that challenge the rule of law in South Africa.

Speaking in the wake of escalating unrest, the Minister stated she would address the movement in detail and reveal the government’s subsequent steps at a media briefing following Wednesday’s local government elections. “The issue is that we’ve got to set the record straight. We can’t allow anarchy in this country,” she stated, emphasizing the need for order and compliance with judicial rulings.

Background: Protests and Legal Interventions

The warning arrives after weeks of anti-illegal immigration demonstrations in Durban, organized by the March and March movement. These protests, particularly in the city’s central business district and around the Department of Home Affairs Refugee Reception Centre in Berea, have led to significant strain. Recent events saw 14 vehicles set alight, damage to numerous shops, and the fatal assault of a Ugandan national, sparking a murder investigation. The motive for the killing, according to police, remains undetermined.

Concerns had also mounted over reports from police intelligence, which cited an alleged plan to set fire to the refugee reception centre. This prompted Acting Police Minister Firoz Cachalia and KwaZulu-Natal’s police commissioner, Lieutenant-General Nhlanhla Mkhwanazi, to approach the Durban High Court for an urgent interdict against the movement and several of its leaders.

Court-Imposed Restrictions

The subsequent court order imposed several restrictions, aiming to restore stability during a sensitive time for the city. Key provisions include:

• A ban on protests by the movement during the election period.
• Permitting demonstrations post-election only between 10am and 3pm along designated routes.
• Prohibiting the carrying of weapons, disguises, violent conduct, intimidation, attacks, and property damage during protests.

The restrictions are not an outright ban on peaceful protest. The movement’s attorney, Xolani Zuma, urged supporters outside court to adhere strictly to these terms as demonstrations are set to resume after November 6.

Despite the legal action, March and March leaders criticized the measures, arguing that such restrictions interfere with the movement’s constitutional right to protest.

Minister Kubayi’s Position

Minister Kubayi reiterated that “no one is above the law” in South Africa, referencing government accountability at all levels: “We’ve seen former presidents be taken to court. We’ve seen sitting presidents being taken to court. We can’t have anyone who thinks they are above the law.”

When asked about a possible escalation in government response, Kubayi withheld specifics, stating that further details would be revealed at a media briefing post-elections: “I’m not saying anything. Wait for my media briefing. We will be outlining the next phases of work.”

Collaborative Approach and Public Reassurance

The Minister also reassured the public that the government is prepared to engage with all stakeholders committed to operating within the bounds of the law. Kubayi highlighted the need for cooperation, stating that the government cannot operate in a vacuum and must work together with various groups to ensure stability. However, she emphasized that no individuals or groups will be allowed to hold the state to ransom.

Minister Kubayi has temporarily halted her election campaign and returned to Johannesburg to meet with individuals who requested engagement on the matter, underscoring the urgency and seriousness with which the government views the situation.

Looking Ahead

The upcoming media briefing is expected to provide clarity on the government’s next steps regarding the March and March movement, especially as it concerns balancing public safety, rights to protest, and upholding the law. In the interim, the ongoing court order continues to regulate protest activity, seeking to prevent further violence and maintain order during the election period.