UPDATE | KZN court’s interim order bars March and March night protests | News24

- The KwaZulu-Natal High Court in Durban granted an interim order restricting March and March marches to between 09:00 and 16:00, banning weapons and masks, with the order to stand until 18 January.

- The order bars the organisation’s leaders from mobilising marches, looting, assaulting, threatening or harassing residents and business owners, and prohibits attacks on the home affairs precinct on Che Guevara Road.

- Advocate Sandile Kuboni, for the respondents, argued there was a misrepresentation that March and March is violent, saying the only link was that leaders were seen addressing people on Che Guevara Road.

The KwaZulu-Natal High Court in Durban has granted an interim order which confines marches by anti-illegal immigrant organisation March and March to specific times.

The protests must take place between 09:00 and 16:00, with restrictions on the carrying of weapons and the wearing of masks covering marchers’ faces.

Night gatherings are strictly prohibited.

Judge Peter Olsen’s order follows an urgent application brought by the police for an interdict to prevent further violent protests.

The order further bars March and March members from looting, destroying property and setting fires to homes.

The organisation is further restricted from conducting marches within election zones – close to voting stations where its supporters could potentially obstruct access – and within “the election period”.

The order will stand until 18 January, when the parties will return to court.

The order bars the group’s leaders cited in the urgent application, Jacinta Ngobese-Zuma and her husband, as well as its frontmen Lindani Xulu, Uyama Mthembu and Mthokozisi Gumede (Felemtwini), from mobilising or calling for marches, looting, assaulting, threatening or harassing residents and business owners.

The order explicitly prohibits March and March from attacking the home affairs precinct on Che Guevara Road, where the organisation’s supporters had been stationed for the past several weeks.

Among the prohibitions contained in the order are: “Coercing any person to close a business, stop trading, leave a home or business, cease making deliveries or abandon lawful use of property.”

Olsen’s order is based on a draft order compiled by counsel for the police.

When March and March is permitted to hold a march, it must appoint marshals who are clearly distinguishable.

The order stated:

The time between 15:00 and 16:00 is to be used for the marchers to disperse. This was agreed upon in court.

The order lists the restricted hours for marching as between 05:00 and 09:00, and 15:00 and 20:00, “on each day during which this order is in force”.

This was after advocate Sandile Kuboni, acting on behalf of the respondents, said the 15:00 march cut-off time was too early as some marchers used public transport and walked to their designated taxi ranks and bus stops.

The rule nisi order made on Friday is in place until 18 January, when the respondents are to come before the court to show cause why it should not be made final.

The respondents are to file their answering affidavits in respect of the rule nisi, while the applicants are to file their replying papers on 11 January, with the court return date being 18 January.

Before Olsen’s ruling, Kuboni presented his argument to the court and said there was a misrepresentation that March and March is violent.

“The respondents say they are not responsible for those acts. The only link is that they were seen on Che Guevara (Moore Road) addressing people there. The impression is that the seven respondents are violent and have broken the law, but there’s nothing in the papers to that effect.”

Editor’s note: This story has been updated with additional information.