REPUBLIC OF SOUTH AFRICA COMBINED SECOND PERIODIC REPORT UNDER THE AFRICAN CHARTER ON HUMAN AND PEOPLE`S RIGHTS and INITIAL REPORT UNDER THE PROTOCOL TO THE AFRICAN CHARTER ON THE RIGHTS OF WOMEN IN AFRICA gathering is a march, picket or parade of 16 people or more taking place in any public space and is an activity that expresses any form of contestation or is critical towards any person, company or government. A gathering requires prior notification to the relevant local authority. A march, picket or parade of 15 people or less is called a “demonstration” and requires no notification. The convener is responsible for notifying the relevant local authority of the proposed gathering. In terms of section 11 of the Act128 the organisers of the protest march or demonstration could be held vicariously liable for the damage done by the marchers or demonstrators. This means that even if organisers of a protest march or demonstration took steps to prevent the destruction of property, the organisation may nevertheless be sued for the damages that occurred because of a riot that ensues. Case law pertaining to the right to assemble 128 129 194. During the period under review, in 2011, the constitutionality of section 11 of the Regulation of Gatherings Act was considered by the court. The Supreme Court of Appeal handed down judgment in South African Transport & Allied Workers Union v Garvis129 dismissing an appeal against an order of the Cape High Court in terms of which it declared that s 11(2)(b) of the Act was not inconsistent with section 17 of the Constitution. Section 11 provides that if any riot damage occurs as a result of a gathering, every organisation on behalf of or under the auspices of which that gathering was held, shall be jointly and severally liable for that riot damage, as a joint wrongdoer together with any other person who unlawfully caused or contributed to such riot damage. Section 11(2) of the Act contains the provision challenged by the appellant, the South African Transport and Allied Workers’ Union. This section provides that it shall be a defence to a claim if an organisation organising a gathering proves that it did not commit or connive at the act or omission which caused the damage, and that the act or omission did not fall within the scope of the objectives of the gathering and was not reasonably foreseeable; and that it took all reasonable steps within its power to prevent the act or omission. In defending the action the Union submitted that the statutory liability, coupled with the onerous task of establishing a defence in terms of s 11(2) of the Act, would have a negative effect on public demonstrations and that the latter subsection was consequently unconstitutional. 195. The SCA held that the rights set out in s 17 of the Constitution were not implicated and that only peaceful demonstrations were protected. It held that causing and participating in riots are the antithesis of constitutional values. The wording of s 17 is deliberate. It precludes challenges to statutes that restrict unlawful behaviour in relation to gatherings and demonstrations that impinge on the rights of others. It was submitted on behalf of the Union that damage caused by participants in a gathering was a small price to pay to protect the precious right to public assembly and protest. 196. The SCA accepted that assemblies, pickets, marches and demonstrations are essential instruments of dialogue in society. It held, however, that the struggle for workers’ rights Act No. 205 of 1993 2011 (6) SA 382 (SCA) 58